• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.139-161
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• 2009

The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.3-51
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• 2017

From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.11
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• pp.136-143
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• 2019

This study investigated the effects of environmental temperature and humidity on the physiological indicators such as respiratory rate, rectal temperature, and rumination time in cows. Twenty lactating Holstein cows were used for this study. The temperature/humidity index, which can be measured by the temperature and humidity of barns, was divided into three stages to distinguish the heat stress level of cows. The temperature and humidity indexes of each stage were classified into 70 ~ 75 for T1, 76 ~ 81 for T2, and 82 ~ 87 for T3, respectively. The respiratory rates per minute were 58.60 at T1, 66.12 at T2, and 84.05 at T3, respectively (P < 0.05), and the average rectal temperatures (℃) of the cows were 38.41 in T1, 38.69 in T2 and 39.05 in T3, respectively (P < 0.05). The body surface temperatures (℃) were 36.41 in T1, 36.51 in T2, and 37.39 in T3, respectively. The rumination times (minutes/day) were 473.10 in T1, 454.76 in T2, and 399.60 in T3, respectively (P < 0.05). As global warming continues to damage the dairy industry, further research is needed to improve the welfare of dairy cows and reduce their heat stress.

• Journal of the Korean Institute of Landscape Architecture
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• v.39 no.4
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• pp.98-106
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• 2011

Establishing conservation programs to protect and maintain populations of endangered species are not only a global trend, but also a pursuit endorsed by the Korean Environmental Conservation Act. This study evaluates the feasibility of alternative habitat patches for the endangered butterfly Parnassius bremeri. A portion of habitat of P. bremeri is expected to be fragmented and damaged due to the scheduled construction of the Sangju-Yongduk Highway. A trans fer of the habitat patches of P. bremeri is also scheduled. In order to select an alternative habitat patch, the Mark-Release-Recapture (MRR) method was used to simulate a patch transfer model. The connectedness between habitat are as and the survival of local populations were evaluated for each candidate habitat. It was found that metapopulations with patch distances of <250m showed a 50% connectedness and survival rate in local populations. P. bremeri were expected to migrate at an average distance of 300m. In addition, P. bremeri formed a metapopulation that exhibited intimate patch dynamics that promoted persistence among these patches. Possible candidate habitats including those recommended by local governing bodies were evaluated along with habitats that may counter problems arising from the damage done to the original habitat and habitats that may have a compensatory value equal to that of the original habitat. Based on these criteria, Ansa-myeon township office was selected due to its high scores. This scoring was based on a consideration of a wide range of variables that mark a successful transfer of habitat. These include the amount of funding available, the governing bodies of the possible alternative habitat, and the Expected collaborative effort of local citizens. This decision was collaborated on by incorporating the expertise of various fields of study including biology, ecology, biogeography, ecological engineering, landscape architecture, and social sciences. Therefore, it is suggested that in order to evaluate an alternative habitat for organisms, many social issues as well as ecological issues must be considered.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.5 no.4
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• pp.1-34
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• 2010

Recently, failure rates of Kosdaq IPO firms are increasing and their survival rates tend to be very low, and when these firms do fail, often times backed by a number of governmental financial supports, they may inflict severe financial damage to investors, let alone economy as a whole. To ensure investors' confidence in Kosdaq and foster promising and healthy businesses, it is necessary to precisely assess their intrinsic values and survivability. This study investigates what contributed to the failure of IPO firms and analyzed how these elements are factored into corresponding firms' stock returns. Failure risks are assessed at the time of IPO. This paper considers factors reflecting IPO characteristics, a firm's underwriter prestige, auditor's quality, IPO offer price, firm's age, and IPO proceeds. The study further went on to examine how, if at all, these failure risks involved during IPO led to post-IPO stock prices. Sample firms used in this study include 98 Kosdaq firms that have failed and 569 healthy firms that are classified into the same business categories, and Logit models are used in estimate the probability of failure. Empirical results indicate that auditor's quality, IPO offer price, firm's age, and IPO proceeds shown significant relevance to failure risks at the time of IPO. Of other variables, firm's size and ROA, previously deemed significantly related to failure risks, in fact do not show significant relevance to those risks, whereas financial leverage does. This illustrates the efficacy of a model that appropriately reflects the attributes of IPO firms. Also, even though R&D expenditures were believed to be value relevant by previous studies, this study reveals that R&D is not a significant factor related to failure risks. In examing the relation between failure risks and stock prices, this study finds that failure risks are negatively related to 1 or 2 year size-adjusted abnormal returns after IPO. The results of this study may provide useful knowledge for government regulatory officials in contemplating pertinent policy and for credit analysts in their proper evaluation of a firm's credit standing.

• KOREAN JOURNAL OF CROP SCIENCE
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• v.65 no.2
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• pp.113-123
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• 2020

Global climatic change and increasing climatic instability threaten crop productivity. Due to climatic change, drought stress is occurring more frequently in crop fields. In this study, we investigated the effect of treatment with hydrogen peroxide (H₂O₂) before leaf development on the growth and yield of sorghum for minimizing the damage of crops to drought. To assess the effect of H₂O₂ on the growth of sorghum plant, 10 mM H₂O₂ was used to treat sorghum leaves at the 3-leaf stage during growth in field conditions. Plant height, stem diameter, leaf length, and leaf width were increased by 7.6%, 9.6%, 8.3% and 11.5%, respectively. SPAD value, chlorophyll fluorescence (Fv/Fm), photosynthetic rate, stomatal conductance, and transpiration rate were increased by 3.0%, 4.9%, 26.0%, 23.4% and 12.7%, respectively. The amount of H₂O₂ in the leaf tissue of sorghum plant treated with 10 mM H₂O₂ was 0.7% of the applied amount after 1 hour. The level increased to approximately 1.0% after 6 hours. The highest antioxidant activity measured by the Oxygen Radical Absorbance Capacity assay was 847.3 µmol·g^-1 at 6 hour after treatment. However, in the well-watered condition, the concentration of H₂O₂ in the plant treated by the foliar application of H₂O₂ was 227.8 µmol·g^-1 higher than that of the untreated control. H₂O₂ treatment improved all the yield components and yield-related factors. Panicle length, plant dry weight, panicle weight, seed weight per plant, seed weight per unit area, and thousand seed weight were increased by 8.8%, 18.0%, 24.4%, 24.7%, 29.9% and 7.1%, respectively. Proteomic analysis showed that H₂O₂ treatment in sorghum increased the tolerance to drought stress and maintained growth and yield by ameliorating oxidative stress.

• Journal of the Korean Society for Marine Environment & Energy
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• v.11 no.3
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• pp.150-159
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• 2008

The marine litter generated as by-products of human activities and economic development enters to the sea through rivers or stream Indirectly, and through sea-based activities directly. It is commonly comprised of materials that degrade very slowly, such as various plastic products, polystyrene, glass, rubber, metal, wood, derelict fishing nets, wire, rope and so on. Such litter is found in the water column and on the seafloor as well as coastal areas In the Northwest Pacific region. It causes injury or death of human and other living organisms and also accident or damage of the vessel. It is not only a problem of country but also regional and/or global problem because it is transported by currents and winds from one country to another. In this regard, Northwest Pacific Action Plan (NOWPAP) Marine Litter Activity (MALITA) project had been carried out during 2006-2007 biennium and NOWPAP Regional Action Plan on Marine Litter (RAP MALI) has been also continuously implemented in the 2008-2009 biennium as next phase step of MALITA. MERRAC, one of four Regional Activity Centres (RACs) of NOWPAP, has developed monitoring guidelines, sectoral guidelines, and brochures related to sea-based marine litter and port reception facilities and services through MALITA project. Based upon these output, MERRAC will continuously implement relevant activities of RAP MALI in order to help to establish and improve a regional mechanism to deal with the sea-based marine litter problem. This paper aims to introduce MERRAC activities under MALITA and RAP MALI, and to suggest several recommendations to reduce marine litter in the NOWPAP region.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.1
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• pp.57-64
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• 2020

The IOPC Fund general assembly reported that the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (known as the HNS Convention) will meet the requirement for the convention to take ef ect between 2021 and 2022. When the convention comes into effect, the liability-limit insurance of the HNS transport ship will be enforced and the shipper receiving the HNS will pay the share of the contribution from the International Fund for damages exceeding the limit of the ship's liability insurance. Korea is one of the major shipping and shipper countries in the world; thus, this study aimed to the need to analyze the effect of the convention on the related industries. The survey of ships and contribution targets analyzed the research data of the Ministry of Oceans and Fisheries. The P&I premium estimation was reviewed by the Korea Shipping Association and the K P&I as insured ships. In addition, the contribution of the HNS cargo volume was analyzed in an annual report by a representative international association for each cargo. About 1,500 ocean-going and domestic vessels have been identified as ships subject to the convention. The effect of changes in premiums under the convention was minimal for most ships. The effect of the shipping industry is expected, with about 150 domestic tankers expected to increase insurance premiums. In the case of shipper industries, 52 freight terminals were found to be eligible for the payment of the share of the international fund, as the proportion of freight volume in Korea was ranked second to fourth in the world by individual HNS accounts. This implies the obligation to pay contributions according to the convention. Considering the status of HNS transport ships entering and leaving ports and the quantity of HNS cargo, it can be concluded that the validity of Korea's convention is sufficient and that, it is necessary to coordinate with global major shipper countries.

• Korean Journal of Remote Sensing
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• v.36 no.2_2
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• pp.351-363
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• 2020

It is well known that alluvial sediment located in coastal region has been easily affected by geohazard like ground subsidence, marine or meteorological disasters which threaten invaluable lives and properties. The subsidence is a sinking of the ground due to underground material movement that mostly related to soil compaction by water extraction. Thus, continuous monitoring is essential to protect possible damage from the ground subsidence in the coastal region. Radar interferometric application has been widely used to estimate surface displacement from phase information of synthetic aperture radar (SAR). Thanks to advanced SAR technique like the Small BAseline Subset (SBAS), a time-series of surface displacement could be successfully calculated with a large amount of SAR observations (>20). Because the ALOS-2 PALSAR-2 L-band observations maintain higher coherence compared with other shorter wavelength like X- or C-band, it has been regarded as one of the best resources for Earth science. However, the number of ALOS-2 PALSAR-2 observations might be not enough for the SBAS application due to its global monitoring observation scenario. Unfortunately, the number of the ALOS-2 PALSAR-2 Stripmap images in area of our interest, Busan which located in the Southeastern Korea, is only 11 which is insufficient to apply the SBAS time-series analysis. Although it is common that the radar interferometry utilizes multiple SAR images collected from same acquisition mode, it has been reported that the ALOS-2 PALSAR-2 Stripmap-ScanSAR interferometric application could be possible under specific acquisition mode. In case that we can apply the Stripmap-ScanSAR interferometry with the other 18 ScanSAR observations over Busan, an enhanced time-series surface displacement with better temporal resolution could be estimated. In this study, we evaluated feasibility of the ALOS-2 PALSAR-2 Stripmap-ScanSAR interferometric application using Gamma software considering differences of chirp bandwidth and pulse repetition frequency (PRF) between two acquisition modes. In addition, we analyzed the interferograms with respect to spectral shift of radar carrier frequency and common band filtering. Even though it shows similar level of coherence regardless of spectral shift in the radar carrier frequency, we found periodic spectral noises in azimuth direction and significant degradation of coherence in azimuth direction after common band filtering. Therefore, the characteristics of spectral bandwidth in the range and azimuth direction should be considered cautiously for the ALOS-2 PALSAR-2 Stripmap-ScanSAR interferometry.

• Journal of Life Science
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• v.28 no.5
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• pp.615-620
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• 2018

Epigallocatechin-3-gallate (EGCG), one of catechins of green tea, has been known to possess anti-oxidation, anti-inflammation, and anti-cancer effects. The present study analyzed global gene expression changes in EGCG-treated HCT116 cells and p53-null HCT116 cells by oligo DNA microarray analysis. Among the differentially expressed genes in EGCG-treated HCT116 cells, four were selected that are known as tumor suppressor genes (activating transcription factor 3 [ATF3], cyclin dependent kinase inhibitor 1A [CDKN1A], DNA damage-inducible transcript 3 [DDIT3] and non-steroidal anti-inflammatory drug activated gene [NAG-1]) and their expression was compared to the expression of genes in p53-null HCT116 cells. We found that the expression of these genes was not dependent on their p53 status except for NAG-1, which was only up-regulated in HCT116. The results of RT-PCR and Western blot analysis showed that ATF3 up-regulation by EGCG was not affected by the presence of p53, whereas NAG-1 expression was not induced in p53-null HCT116 cells. We also detected ATF3 and NAG-1 expression changes through genistein and resveratrol treatment. Interestingly, genistein could not up-regulate ATF3 regardless of p53 status, but genistein could induce NAG-1 only in HCT116 cells. Resveratrol could significantly induce NAG-1 as well as ATF3 independent of p53 presence. These results indicate that EGCG, genistein and resveratrol may have different anti-cancer effects. Overall, the results of this study may help to increase our understandings of molecular mechanisms on anti-cancer activities mediated by EGCG, genistein and resveratrol in human colorectal cancer cells.