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An Analytical Study on the Seismic Behavior and Safety of Vertical Hydrogen Storage Vessels Under the Earthquakes (지진 시 수직형 수소 저장용기의 거동 특성 분석 및 안전성에 관한 해석적 연구)

  • Sang-Moon Lee;Young-Jun Bae;Woo-Young Jung
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.27 no.6
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    • pp.152-161
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    • 2023
  • In general, large-capacity hydrogen storage vessels, typically in the form of vertical cylindrical vessels, are constructed using steel materials. These vessels are anchored to foundation slabs that are specially designed to suit the environmental conditions. This anchoring method involves pre-installed anchors on top of the concrete foundation slab. However, it's important to note that such a design can result in concentrated stresses at the anchoring points when external forces, such as seismic events, are at play. This may lead to potential structural damage due to anchor and concrete damage. For this reason, in this study, it selected an vertical hydrogen storage vessel based on site observations and created a 3D finite element model. Artificial seismic motions made following the procedures specified in ICC-ES AC 156, as well as domestic recorded earthquakes with a magnitude greater than 5.0, were applied to analyze the structural behavior and performance of the target structures. Conducting experiments on a structure built to actual scale would be ideal, but due to practical constraints, it proved challenging to execute. Therefore, it opted for an analytical approach to assess the safety of the target structure. Regarding the structural response characteristics, the acceleration induced by seismic motion was observed to amplify by approximately ten times compared to the input seismic motions. Additionally, there was a tendency for a decrease in amplification as the response acceleration was transmitted to the point where the centre of gravity is located. For the vulnerable components, specifically the sub-system (support columns and anchorages), the stress levels were found to satisfy the allowable stress criteria. However, the concrete's tensile strength exhibited only about a 5% margin of safety compared to the allowable stress. This indicates the need for mitigation strategies in addressing these concerns. Based on the research findings presented in this paper, it is anticipated that predictable load information for the design of storage vessels required for future shaking table tests will be provided.

'Inventing' Religion and Pseudo-religion in the 2022 National Curriculum on Religions (2022년 종교 교육과정 - 종교인 만들기와 '유사종교' 발명 교육 -)

  • Ko Byoung-chul
    • Journal of the Daesoon Academy of Sciences
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    • v.46
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    • pp.1-32
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    • 2023
  • The purpose of this article is to critically reflect on the 2022 national curriculum on religions. The perspective of this reflection is that since the religious curriculum is meant to be a national curriculum, it should be applicable to all high school students, be shareable, and function as a place for meta-reflection regarding the proper use of the category of religion. For this purpose, I reviewed the form and content of the 2022 curriculum on religions in Section 2. The form of the 2022 curriculum on religions looks similar to the previously utilized curriculum. However, the main change is that the subject of religions was arbitrarily placed into the category of 'subjects for choosing a career.' And the 2022 curriculum on religions has two characteristics in terms of content: the orientation of 'making religious people (spiritual formation)' and the reemergence of the concept of 'pseudo-religion.' In Section 3, I delved into the orientation of 'making religious people through religious reflection' among the characteristics of the 2022 curriculum on religions. In this process, I discovered that the concept of 'reflection as a metacognitive technology,' which was the core of the prior curriculum and school education, was transformed into the concept of 'religious reflection,' and the concepts of spirituality and religiosity were also added. In Section 4, I delved into the dichotomy of 'religion and pseudo-religion.' 'Pseudo-religion' is a new focus in the 2022 curriculum on religions. In this process, I revealed that the concept of 'pseudo-religion' is a combination of an outdated administrative term of the Japanese Government-General of Korea during Japan's occupation of Korea, and as such, the term is inherently value-laden and harmful. I also revealed that determining 'pseudo-religion' in school education regenerates the colonial Japanese Government-General's biased attitudes toward Korean religions and forces teachers to 'invent' (detect or personally appraise) modern day pseudo-religions through arbitrary judgements. The 'curriculum to emphasize religious reflection and detect pseudo-religions in order to create religious people' can distort the subject of religion in the national curriculum as into a 'subject for religion (promotion or degradation).' If this distortion continues, the appropriateness of curriculum on religions existing within the national curriculum will eventually become a subject of debate.

Redefinition of the Concept of Fishing Vessel and Legislation Adjustment (낚시어선 개념의 재정립과 법제 정비에 관한 연구)

  • Yeong-Tae Son
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.6
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    • pp.639-652
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    • 2023
  • The fundamental background behind the introduction of the fishing vessel system is to allow petty small fishers to engage in pure fishery business activities with fishing vessels during normal times and engage in fishing vessel business only during specific periods (closed fishing season, etc.) thereby granting a qualification as an auxiliary tool for the economic activities of petty small fishers. In addition, fishing boats are allowed to engage in excursion ship activities using fishing vessels registered under the Fishing Vessels Act, the form of fishing vessels should also have a general and universal structure that is practically easy to engage in fishing activities in the field in accordance with the relevant regulations. However, most fishing vessel proprietors are currently focusing only on increasing income, and rather than building fishing vessels in a reasonable form suitable for the original purpose of general fishing vessels, they prefer an abnormal hull form equivalent to expediency, that is biased hull structure biased toward the fishing vessel business. As a result, it is causing serious problems in safety management as well as conflict [damaging relative equity in government support measures (tax-free oil supply, etc.), and depletion of livelihood-type fish stocks] with fishing vessel forces who consider the fishing vessel business only to be a part of the side job among all fishery business activities. Meanwhile, the most fundamental cause of this problem is that the current Fishing Management and Promotion Act, limits the concept of fishing vessels to fishing vessels registered under the Fishing Vessels Act, and applies survey standards accordingly. Accordingly, in this study, through analysis of the distribution status of fishing vessels, structural characteristics, operation status of fishing vessels, and the government's fishing promotion policies, etc., the relevant laws (regulations) have been reorganized to suit the current reality of the concept of fishing vessels to separate the current fishing vessel from fishing vessels and operate it as a fishing-only vessel.

Physiological and Psychological analysis of musculoskeletal symptoms (근골격계질환에 대한 물리적/심리적요인에 대한 연구)

  • Donghyun Park;Sung Kyu Bae
    • Korean Journal of Culture and Social Issue
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    • v.9 no.spc
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    • pp.107-122
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    • 2003
  • The object of this study is to evaluate the prevailing physical and psychosocial conditions regarding occupational low back injury. This study consists of two parts. In the first part of the study, analytic biomechanical model and NIOSH guidelines are applied to evaluate risk levels of low back injury for automobile assembly jobs. Total of 246 workers are analysed. There are 20 jobs having greater back compressive forces than 300kg at L5/S1. Also, there are 44 jobs over Action Limit with respect to 1981 NIOSH guidelines. The relationship between psychosocial factors and low back injury was examined in the second part of the study. A battery of questionnaires concerning the psychosocial stress based on PWI (Psychosocial Well-being Index) and musculoskeletal pain symptoms at low back was completed by 246 workers at the same plant. Results showed that 207 out 246 workers experienced the symptoms and 27 workers were diagnosed as patients. Two groups(low stressed, high stressed) based on PWI score had no significant relationships with both symptoms and results of diagnosis. The relationships between physical work load and psychosocial stress were also analysed. Specifically, some postural factors(vertical deviation angle of forearm, horizontal deviation angle of upperarm, vertical deviation angle of thigh, etc) were highly correlated with psychosocial stress. The results illustrated that PWI scores were associated with some physical workloads. However, psychosocial stress levels couldn't be well related with the pain symptom as well as the actual incidence of low back injury since pain or discomfort regarding low back injury were more complex than that of other musculoskeletal disorders.

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Seasonal Circulation and Estuarine Characteristics in the Jinhae and Masan Bay from Three-Dimensional Numerical Experiments (3차원 수치모의 실험을 통한 진해·마산만의 계절별 해수순환과 염하구 특성)

  • JIHA KIM;BYOUNG-JU CHOI;JAE-SUNG CHOI;HO KYUNG HA
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.29 no.2
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    • pp.77-100
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    • 2024
  • Circulation, tides, currents, harmful algal blooms, water quality, and hypoxic conditions in Jinhae-Masan Bay have been extensively studied. However, these previous studies primarily focused on short-term variations, and there was limited detailed investigation into the physical mechanisms responsible for ocean circulation in the bays. Oceanic processes in the bays, such as pollutant dispersal, changes on a seasonal time scale. Therefore, this study aimed to understand how the circulation in Jinhae-Masan Bay varies seasonally and to examine the effects of tides, winds, and river discharges on regional ocean circulation. To achieve this, a three-dimensional ocean circulation model was used to simulate circulation patterns from 2016 to 2018, and sensitivity experiments were conducted. This study reveals that convective estuarine circulation develops in Jinhae and Masan Bays, characterized by the inflow of deep oceanic water from the Korea Strait through Gadeoksudo, while surface water flows outward. This deep water intrusion divides into northward and westward branches. In this study, the volume transport was calculated along the direction of bottom channels in each region. The meridional water exchange in the eastern region of Jinhae Bay is 2.3 times greater in winter and 1.4 times greater in summer compared to that of zonal exchange in the western region. In the western region of Jinhae Bay, the circulation pattern varies significantly by season due to changes in the balance of forces. During winter, surface currents flow southward and bottom currents flow northward, strengthening the north-south convective circulation due to the combined effects of northwesterly winds and the slope of the sea surface. In contrast, during summer, southwesterly winds cause surface seawater to flow eastward, and the elevated sea surface in the southeastern part enhances northward barotropic pressure gradient intensifying the eastward surface flow. The density gradient and southward baroclinic pressure gradient increase in the lower layer, causing a strong westward inflow of seawater from Gadeoksudo, enhancing the zonal convective circulation by 26% compared to winter. The convective circulation in the western Jinhae Bay is significantly influenced by both tidal current and wind during both winter and summer. In the eastern Jinhae Bay and Masan Bay, surface water flows outward to the open sea in all seasons, while bottom water flows inward, demonstrating a typical convective estuarine circulation. In winter, the contributions of wind and freshwater influx are significant, while in summer, the influence of mixing by tidal currents plays a major role in the north-south convective circulation. In the eastern Jinhae Bay, tidally driven residual circulation patterns, influenced by the local topography, are distinct. The study results are expected to enhance our understanding of pollutant dispersion, summer hypoxic events, and the abundance of red tide organisms in these bays.

Three-dimensional finite element analysis on intrusion of upper anterior teeth by three-piece base arch appliance according to alveolar bone loss (치조골 상실에 따른 three-piece base arch appliance를 이용한 상악전치부 intrusion에 대한 3차원 유한요소법적 연구)

  • Ha, Man-Hee;Son, Woo-Sung
    • The korean journal of orthodontics
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    • v.31 no.2 s.85
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    • pp.209-223
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    • 2001
  • At intrusion of upper anterior teeth in patient with periodontal defect, the use of three-piece base arch appliance for pure intrusion is required. To investigate the change of the center of resistance and of the distal traction force according to alveolar bone height at intrusion of upper anterior teeth using this appliance, three-dimensional finite element models of upper six anterior teeth, periodontal ligament and alveolar bone were constructed. At intrusion of upper anterior teeth by three-piece base arch appliance, the following conclusions were drawn to the locations of the center of resistance according to the number of teeth, the change of distal traction force for pure intrusion and the correlation to the change of vertical, horizontal location of the center of resistance according to alveolar bone loss. 1. When the axial inclination and alveolar bone height were normal, the anteroposterior locations of center of resistance of upper anterior teeth according to the number of teeth contained were as follows : 1) In 2 anterior teeth group, the center of located in the mesial 1/3 area of lateral incisor bracket. 2) In 4 anterior teeth group. the center of resistance was located in the distal 2/3 of the distance between the bracket of lateral incisor and canine. 3) In 6 anterior teeth group, the center of resistance was located in the central area of first premolar bracket .4) As the number of teeth contained in anterior teeth group increased, the center of resistance shifted to the distal side. 2. When the alveolar bone height was normal, the anteroposterior position of the point of application of the intrusive force was the same position or a bit forward position of the center of resistance at application of distal traction force for pure intrusion. 3. When intrusion force and the point of application of the intrusive force were fixed, the changes of distal traction force for pure intrusion according to alveolar bon loss were as follows :1) Regardless of the alveolar bone loss, the distal traction force of 2, 4 anterior teeth groups were lower than that of 6 anterior teeth group. 2) As the alveolar bone loss increased, the distal traction forces of each teeth group were increased. 4. The correlations of the vertical, horizontal locations of the center of resistance according to maxillary anterior teeth groups and the alveolar bone height were as follows : 1) In 2 anterior teeth group, the horizontal position displacement to the vortical position displacement of the center of resistance according to the alveolar bone loss was the largest. As the number of teeth increased, the horizontal position displacement to the vertical position displacement of the center of resistance according to the alveolar bone loss showed a tendency to decrease. 2) As the alveolar bone loss increased, the horizontal position displacement to the vertical position displacement of the center of resistance regardless of the number of teeth was increased.

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Organizational Buying Behavior in an Interdependent World (상호의존세계중적조직구매행위(相互依存世界中的组织购买行为))

  • Wind, Yoram;Thomas, Robert J.
    • Journal of Global Scholars of Marketing Science
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    • v.20 no.2
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    • pp.110-122
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    • 2010
  • The emergence of the field of organizational buying behavior in the mid-1960’s with the publication of Industrial Buying and Creative Marketing (1967) set the stage for a new paradigm of thinking about how business was conducted in markets other than those serving ultimate consumers. Whether it is "industrial marketing" or "business-to-business marketing" (B-to-B), organizational buying behavior remains the core differentiating characteristic of this domain of marketing. This paper explores the impact of several dynamic factors that have influenced how organizations relate to one another in a rapidly increasing interdependence, which in turn can impact organizational buying behavior. The paper also raises the question of whether or not the major conceptual models of organizational buying behavior in an interdependent world are still relevant to guide research and managerial thinking, in this dynamic business environment. The paper is structured to explore three questions related to organizational interdependencies: 1. What are the factors and trends driving the emergence of organizational interdependencies? 2. Will the major conceptual models of organizational buying behavior that have developed over the past half century be applicable in a world of interdependent organizations? 3. What are the implications of organizational interdependencies on the research and practice of organizational buying behavior? Consideration of the factors and trends driving organizational interdependencies revealed five critical drivers in the relationships among organizations that can impact their purchasing behavior: Accelerating Globalization, Flattening Networks of Organizations, Disrupting Value Chains, Intensifying Government Involvement, and Continuously Fragmenting Customer Needs. These five interlinked drivers of interdependency and their underlying technological advances can alter the relationships within and among organizations that buy products and services to remain competitive in their markets. Viewed in the context of a customer driven marketing strategy, these forces affect three levels of strategy development: (1) evolving customer needs, (2) the resulting product/service/solution offerings to meet these needs, and (3) the organization competencies and processes required to develop and implement the offerings to meet needs. The five drivers of interdependency among organizations do not necessarily operate independently in their impact on how organizations buy. They can interact with each other and become even more potent in their impact on organizational buying behavior. For example, accelerating globalization may influence the emergence of additional networks that further disrupt traditional value chain relationships, thereby changing how organizations purchase products and services. Increased government involvement in business operations in one country may increase costs of doing business and therefore drive firms to seek low cost sources in emerging markets in other countries. This can reduce employment opportunitiesn one country and increase them in another, further accelerating the pace of globalization. The second major question in the paper is what impact these drivers of interdependencies have had on the core conceptual models of organizational buying behavior. Consider the three enduring conceptual models developed in the Industrial Buying and Creative Marketing and Organizational Buying Behavior books: the organizational buying process, the buying center, and the buying situation. A review of these core models of organizational buying behavior, as originally conceptualized, shows they are still valid and not likely to change with the increasingly intense drivers of interdependency among organizations. What will change however is the way in which buyers and sellers interact under conditions of interdependency. For example, increased interdependencies can lead to increased opportunities for collaboration as well as conflict between buying and selling organizations, thereby changing aspects of the buying process. In addition, the importance of communication processes between and among organizations will increase as the role of trust becomes an important criterion for a successful buying relationship. The third question in the paper explored consequences and implications of these interdependencies on organizational buying behavior for practice and research. The following are considered in the paper: the need to increase understanding of network influences on organizational buying behavior, the need to increase understanding of the role of trust and value among organizational participants, the need to improve understanding of how to manage organizational buying in networked environments, the need to increase understanding of customer needs in the value network, and the need to increase understanding of the impact of emerging new business models on organizational buying behavior. In many ways, these needs deriving from increased organizational interdependencies are an extension of the conceptual tradition in organizational buying behavior. In 1977, Nicosia and Wind suggested a focus on inter-organizational over intra-organizational perspectives, a trend that has received considerable momentum since the 1990's. Likewise for managers to survive in an increasingly interdependent world, they will need to better understand the complexities of how organizations relate to one another. The transition from an inter-organizational to an interdependent perspective has begun, and must continue so as to develop an improved understanding of these important relationships. A shift to such an interdependent network perspective may require many academicians and practitioners to fundamentally challenge and change the mental models underlying their business and organizational buying behavior models. The focus can no longer be only on the dyadic relations of the buying organization and the selling organization but should involve all the related members of the network, including the network of customers, developers, and other suppliers and intermediaries. Consider for example the numerous partner networks initiated by SAP which involves over 9000 companies and over a million participants. This evolving, complex, and uncertain reality of interdependencies and dynamic networks requires reconsideration of how purchase decisions are made; as a result they should be the focus of the next phase of research and theory building among academics and the focus of practical models and experiments undertaken by practitioners. The hope is that such research will take place, not in the isolation of the ivory tower, nor in the confines of the business world, but rather, by increased collaboration of academics and practitioners. In conclusion, the consideration of increased interdependence among organizations revealed the continued relevance of the fundamental models of organizational buying behavior. However to increase the value of these models in an interdependent world, academics and practitioners should improve their understanding of (1) network influences, (2) how to better manage these influences, (3) the role of trust and value among organizational participants, (4) the evolution of customer needs in the value network, and (5) the impact of emerging new business models on organizational buying behavior. To accomplish this, greater collaboration between industry and academia is needed to advance our understanding of organizational buying behavior in an interdependent world.

Early and Mid-term Results of Operation for Infective Endocarditis on Mitral Valve (감염성 승모판 심내막염의 중단기 수술 성적)

  • Ahn, Byong-Hee;Chun, Joon-Kyung;Yu, Ung;Ryu, Sang-Wan;Choi, Yong-Sun;Kim, Byong-Pyo;Hong, Sung-Bum;Bum, Min-Sun;Na, Kook-Ju;Park, Jong-Chun;Kim, Sang-Hyung
    • Journal of Chest Surgery
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    • v.37 no.1
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    • pp.27-34
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    • 2004
  • Background: Infective endocarditis shows higher operative morbidity and mortality rates than other cardiac diseases. The vast majority of studies on infective endocarditis have been made on aortic endocarditis, with little attention having been paid to infective endocarditis on the mitral valve. This study attempts to investigate the clinical aspects and operative results of infective endocarditis on the mitral valve. Meterial and Method: The subjects of this study consist of 23 patients who underwent operations for infective endocariditis on the mitral valve from June 1995 to May 2003. Among them, 2 patients suffered from prosthetic valvular endocarditis and the other 21 from native valvular endocarditis. The subjects were evenly distributed age-wise with an average age of 44.8$\pm$15.7 (11∼66) years. Emergency operations were performed on seventeen patients (73.9%) due to large vegetation or instable hemodynamic status. In preoperative examinations, twelve patients exhibited congestive heart failure, four patients renal failure, two patients spleen and renal infarction, and two patients temporary neurological defects, while one patient had a brain abscess. Based on the NYHA functional classification, seven patients were determined to be at Grade II, 9 patients at Grade III, and 6 patients at Grade IV. Vegetations were detected in 20 patients while mitral regurgitation was dominant in 19 patients with 4 patients showing up as mitral stenosis dominant on the preoperative echocardiogram. Blood cultures for causative organisms were performed on all patients, and positive results were obtained from ten patients, with five cases of Streptococcus viridance, two cases of methicillin-sensitive Staphylococcus aureus, and one case each of Corynebacteriurn, Haemophillis, and Gernella. Operations were decided according to the AA/AHA guidelines (1988). The mean follow-up period was 27.6 $\pm$23.3 (1 ∼ 97) months. Result: Mitral valve replacements were performed on 43 patients, with mechanical valves being used on 9 patients and tissue valves on the other 4. Several kinds of mitral valve repair or mitral valvuloplasty were carried out on the remaining 10 patients. Associated procedures included six aortic valve replacements, two tricuspid annuloplasty, one modified Maze operation, and one direct closure of a ventricular septal defect. Postoperative complications included two cases of bleeding and one case each of mediastinitis, low cardiac output syndrome, and pneumonia. There were no cases of early deaths, or death within 30 days following the operation. No patient died in the hospital or experienced valve related complications. One patient, however, underwent mitral valvuloplasty 3 months after the operation. Another patient died from intra-cranial hemorrhage in the 31st month after the operation. Therefore, the valve-related death rate was 4.3%, and the valve-related complication rate 8.6% on mid-term follow-up. 1, 3-, and 5-year valve- related event free rates were 90.8%, 79.5%, and 79.5%, respectively, while 1, follow-up. 1, 3-, and 5-year valve- related event free rates were 90.8%, 79.5%, and 79.5%, respectively, while 1, 3-, and 5-year survival rates were 100%, 88.8%, and 88.8%, respectively. Conclusion: The findings suggest that a complete removal of infected tissues is essential in the operative treatment of infectious endocarditis of the mitral valve. It is also suggested that when infected tissues are completely removed, neither type of material nor method of operation has a significant effect on the operation result. The postoperative results also suggest the need for a close follow-up observation of the patients suspected of having brain damage, which is caused by preoperative blood contamination or emboli from vegetation, for a possible cerebral vascular injury such as mycotic aneurysm.

The Role of the Soft Law for Space Debris Mitigation in International Law (국제법상 우주폐기물감축 연성법의 역할에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.469-497
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    • 2015
  • In 2009 Iridium 33, a satellite owned by the American Iridium Communications Inc. and Kosmos-2251, a satellite owned by the Russian Space Forces, collided at a speed of 42,120 km/h and an altitude of 789 kilometers above the Taymyr Peninsula in Siberia. NASA estimated that the satellite collision had created approximately 1,000 pieces of debris larger than 10 centimeters, in addition to many smaller ones. By July 2011, the U.S. Space Surveillance Network(SSN) had catalogued over 2,000 large debris fragments. On January 11, 2007 China conducted a test on its anti-satellite missile. A Chinese weather satellite, the FY-1C polar orbit satellite, was destroyed by the missile that was launched using a multistage solid-fuel. The test was unprecedented for having created a record amount of debris. At least 2,317 pieces of trackable size (i.e. of golf ball size or larger) and an estimated 150,000 particles were generated as a result. As far as the Space Treaties such as 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement are concerned, few provisions addressing the space environment and debris in space can be found. In the early years of space exploration dating back to the late 1950s, the focus of international law was on the establishment of a basic set of rules on the activities undertaken by various states in outer space.. Consequently environmental issues, including those of space debris, did not receive the priority they deserve when international space law was originally drafted. As shown in the case of the 1978 "Cosmos 954 Incident" between Canada and USSR, the two parties settled it by the memorandum between two nations not by the Space Treaties to which they are parties. In 1994 the 66th conference of International Law Association(ILA) adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". 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" which had been approved by the Committee on the Peaceful Uses of Outer Space(COPUOS) in its 527th meeting. On December 21 2007 this guideline was approved by UNGA Resolution 62/217. The EU has proposed an "International Code of Conduct for Outer Space Activities" as a transparency and confidence-building measure. It was only in 2010 that the Scientific and Technical Subcommittee began considering as an agenda item the long-term sustainability of outer space. A Working Group on the Long-term Sustainability of Outer Space Activities was established, the objectives of which include identifying areas of concern for the long-term sustainability of outer space activities, proposing measures that could enhance sustainability, and producing voluntary guidelines to reduce risks to long-term sustainability. By this effort "Guidelines on the Long-term Sustainability of Outer Space Activities" are being under consideration. In the case of "Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space" adopted by UNGA Resolution 1962(XVIII), December 13 1963, the 9 principles proclaimed in that Declaration, although all of them incorporated in the Space Treaties, could be regarded as customary international law binding all states considering the time and opinio juris by the responses of the world. Although the soft law such as resolutions, guidelines are not binding law, there are some provisions which have a fundamentally norm-creating character and customary international law. In November 12 1974 UN General Assembly recalled through a Resolution 3232(XXIX) "Review of the role of International Court of Justice" that the development of international law may be reflected, inter alia, by the declarations and resolutions of the General Assembly which may to that extend be taken into consideration by the judgements of the International Court of Justice. We are expecting COPUOS which gave birth 5 Space Treaties that it could give us binding space debris mitigation measures to be implemented based on space debris mitigation soft law in the near future.

Permission of the Claim that Prohibits Military Aircraft Operation Nearby Residential Area - Supreme Court of Japan, Judgement Heisei 27th (Gyo hi) 512, 513, decided on Dec. 8, 2016 - (군사기지 인근주민의 군용기 비행금지 청구의 허용 여부 - 최고재(最高裁) 2016. 12. 8. 선고 평성(平成) 27년(행(行ヒ)) 제512, 513호 판결 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.45-79
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    • 2018
  • An increase of airplanes and military aircraft operation lead to significant demanding of residential claims by people who live in nearby airports and military bases due to noise, vibration and residential damages caused by aircraft operations. In recent years, a plaintiff has filed a lawsuit against the defendant, claiming the prohibition of using claimant's possessed land as a helicopter landing route, and the Daejeon High Court was in favour of the plaintiff. Although the Supreme Court later dismissed the Appeal Court decision, it is necessary to discuss the case of setting flight prohibited zone. In Japan, the airport noise lawsuits have been filed for a long time, mainly by environmental groups. Unlike the case that admitted residential damages caused by noise, the Yokohama District Court for the first time sentenced a judgment of the prohibition of the flight. This ruling was partially changed in the appellate court and some of the plaintiffs' claims were adopted. However, the Supreme Court of Japan finally rejected such decision from appeal and district courts. Atsugi Base is an army camp jointly used by the United States and Japan, and residents, live nearby, claim that they are suffering from mental damage such as physical abnormal, insomnia, and life disturbance because of the noise from airplane taking off and landing in the base. An administrative lawsuit was therefore preceded in the Yokohama District Court. The plaintiff requested the Japan Self-Defense Forces(hereinafter 'JSDF') and US military aircraft to be prohibited operating. The court firstly held the limitation of the flight operation from 10pm to 6am, except unavoidable circumstance. The case was appealed. The Supreme Court of Japan dismissed the original judgment on the flight claim of the JSDF aircraft, canceled the first judgment, and rejected the claims of the plaintiffs. The Supreme Court ruled that the exercise of the authority of the Minister of Defense is reasonable since the JSDF aircraft is operating public flight high zone. The court agreed that noise pollution is such an issue for the residents but there are countermeasures which can be taken by concerned parties. In Korea, the residents can sue against the United States or the Republic of Korea or the Ministry of National Defense for the prohibition of the aircraft operation. However, if they claim against US government regarding to the US military flight operation, the Korean court must issue a dismissal order as its jurisdiction exemption. According to the current case law, the Korean courts do not allow a claimant to appeal for the performance of obligation or an anonymous appeal against the Minister of National Defense for prohibiting flight of military aircraft. However, if the Administrative Appeals Act is amended and obligatory performance litigation is introduced, the claim to the Minister of National Defense can be permitted. In order to judge administrative case of the military aircraft operation, trade-off between interests of the residents and difficulties of the third parties should be measured in the court, if the Act is changed and such claims are granted. In this connection, the Minister of National Defense ought to prove and illuminate the profit from the military aircraft operation and it should be significantly greater than the benefits which neighboring residents will get from the prohibiting flight of military aircraft.