• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.31-66
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• 2008

Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

• International Commerce and Information Review
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• v.14 no.3
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• pp.231-251
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• 2012

The remedies available to a seller that has suffered a breach of contract by the buyer are addressed in Section III of Chapter III of Part III. The first provision in the section, 61, catalogues those remedies and authorizes an aggrieved seller to resort to them. The remaining provisions of the section address particular remedies or prerequisites to remedies. The subject matter of the current section remedies for breach of contract by the buyer obviously parallels that of Section III of Chapter II of Part III remedies for breach of contract by the seller. Many individual provisions within these sections form matched pairs. Thus 61, which catalogs the seller's remedies, which catalogs the buyer's remedies. Other provisions in the current section that have analogues in the section on buyer's remedies include 62, seller's right to require buyer's performance 63, seller's right to fix an additional period for buyer to perform and 64, seller right to avoid the contract. As was the case with the provisions on buyers' remedies, the articles governing sellers' remedies operate in conjunction with a variety of provisions outside the current section. Thus the seller's right to require performance by the buyer is subject to the rule in 28 relieving a court from the obligation to order specific performance in circumstances in which it would not do so under its own law. The authorization in 61 for a seller to claim damages for a buyer's breach operates in connection with 74-76, which specify how damages are to be measured. 49, stating when an aggrieved seller can avoid the contract, is part of a network of provisions that address avoidance, including the definition of fundamental breach, the requirement of notice of avoidance, provisions governing avoidance in certain special circumstances, measures of damages available only if the contract has been avoided and the provisions of Section V of Part III, Chapter V on effects of avoidance.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.109-131
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• 2010

Investment Agreement is to be a part of FTA, as negotiating together both trade and investment. For example, it has a separate chapter about investment in KORUS FTA contract and is more detailed and inclusive than BIT contents which are traditional investment provisions. It is called to the investment norm of FT A. The investment agreement lures a foreign investment by providing the environment which is stable to the foreign investors. Hence, it plans in goal for the economic development of the home country. In international investment, the arbitration award cases are coming out to be divided into two parts applying MFN provisions in investor protective principles and dispute resolution process; the tendency of broad interpretation and the tendency of limited interpretation. In the case of RosInvest Co UK Ltd v. the Russian Federation awarded in 2007, the arbitration tribunal interprets that the application scope of MFN provisions contain the more lucrative dispute provision than other BITs without limitations in entity right of the investor. This judgment is the same view as arbitration tribunal position of Maffezini case. The arbitration tribunal of Plama case has kept out an assertion magnifying the arbitration tribunal's jurisdiction. That is, for applying more inclusive investor-nation resolution method from different treaty, tribunal mentioned that MFN provision had to see clearly a point of applying the investor-nation dispute resolution method. Dispute resolution process providing inclusive MFN provision has both the tendency of broad interpretation and the tendency of limited interpretation. It needs ceaselessly to do the monitoring about cases of arbitration award. In conclusion, the point where MFN provisions are applied conclusively is recognized, but it is still controversial whether or not to magnify the jurisdiction of arbitration tribunal applying MFN provisions. Therefore, it does not exist clear principle in the theory or in the award eases about the application scope for entity protection provision of MFN. Hence, The Korean government of Korea and local autonomous entities needs to keep their eyes on the trend of the international arbitration award cases in relation to the investment dispute for the future. Also, Korean government or local self-governing group must consider MFN provisions when they make a contract of international investment treaty such as writing concretely the application of MFN provisions from KORUS FTA.

• Journal of the Computational Structural Engineering Institute of Korea
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• v.28 no.1
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• pp.85-92
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• 2015

This article presents the dynamic instability response of sigmoid functionally graded material plates on elastic foundation using the higher-order shear deformation theory. The higher-order shear deformation theory has ability to capture the quadratic variation of shear strain and consequently shear stress through the plate thickness. The governing equations are then written in the form of Mathieu-Hill equations and then Bolotin's method is employed to determine the instability regions. The boundaries of the instability regions are represented in the dynamic load and excitation frequency plane. The results of dynamic instability analysis of sigmoid functionally graded material plate are presented using the Navier's procedure to illustrate the effect of elastic foundation parameter on dynamic response. The relations between Winkler and Pasternak elastic foundation parameter are discussed by numerical results. Also, the effects of static load factor, power-law index and side-to-thickness ratio on dynamic instability analysis are investigated and discussed. In order to validate the present solutions, the reference solutions are used and discussed. The theoretical development as well as numerical solutions presented herein should serve as reference for the dynamic instability study of S-FGM plates.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.15 no.11
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• pp.6452-6457
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• 2014

R1234yf has been developed as an alternative refrigerant to R134a, which has been associated with global warming. The capillary tubes as expansion valves control the mass flow rate and balance system pressure in the refrigeration cycle. The present numerical model used the governing equations including the law of conservation of mass, momentum, and energy in a capillary tube. The mass flow rate of R1234yf decreased by 47.0% as the capillary tube length was increased from 1 to 4 m. As the inner diameter of the capillary tubes was changed from 1.3 to 1.7 mm, the mass flow rate of R134a and R1234yf increased by 117.9% and 121.0%, respectively. The mass flow rate of the R134a and R1234yf increased by 28.3% and 29.1% with subcooling increasing from 0 to $7^{\circ}C$. In addition, when the inlet temperature of the capillary tubes was changed from 35 to $60^{\circ}C$, the mass flow rate of R134a and R1234yf increased by 31.0% and 45.4%, respectively.

• Korean Security Journal
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• no.19
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• pp.23-41
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• 2009

The purpose of this study is to investigate about security service history on 1930s in Korea. This study used materials by historical facts for the regulations, books and newspapers in 1930s. In 1930s, security service was unknown details of the historical contents so far. There are four parts conclusion of this study: police department of provisional government, security service agency in the provisional government, security service agents of an independence movement, the general society of Korea. Firstly, Korean regional government in Manchuria, which Kokminbu(國民府) organized the security service agency(警護局) for protect government and public security. Most importantly, the security service agency appearanced an important place which were the independence movement and self-governing administration for Koreans in Manchuria. And the security service agency was required by the security service regulations(警護條例) as law. Secondly, diversity activities of security service in police were exposed the duty as 'car escort service(車輛警護)' for offenders, the 'township office guard' from mobsters, 'woodland protect service(林野警護團)' for fire-raisers. security service as police officer were widely application for protection and safety from danger. Thirdly, Mass society was needed to service for public security in daily events such as 'noted singer meeting', 'funeral procession to the graveyard', 'athletic meeting' as private establishment of security service agency in nowadays. people were wanted the private security service(私警護) from 1930s to present. Fourthly, Overseas security service mentioned in attack of politician, protect from poison and security service about train vessel fleet. In 1930s, security service is comprehensive protection which were not only bodyguard, but also safeguard for hazardous materials.

• Journal of Korean Clinical Health Science
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• v.2 no.1
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• pp.59-71
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• 2014

Purpose. Medical tourism is recently becoming a new industry with great growth potential. The South Korean government is shifting medical tourism from simple cultural tourism to a high value-added industry with a new paradigm. Methods. The government has been providing positive support and marketing policies since the introduction of the article concerning foreign patient attraction to the medical law in 2009, and various types of medical institutions around the country has participated actively in medical tourism by themselves or in cooperation of government bodies and made increasingly greater performance. Results. This study obtained the following results. The medical institutions in Korea have been making efforts to see more development and profitability in diverse ways, including medical tourism for foreign patients and the advance of the Korean medical institutions into foreign markets. However, many local governing bodies and medical institutions participating in medical tourism around the country have primarily focused on examination and treatment on the basis of foreign patients' visit to South Korea and rarely built a medical network with other countries directly for medical tourism. This study presents a case of building a local medical network and a network for international medical tourism successfully on the basis of the local medical association, CMP, which has been formed naturally in Busan. The success factors for CMP included 1) enthusiasm of the official in charge; 2) the medical level, the service level, and open-mindedness of participant medical institutions; 3) cost efficiency due to executive office management with no costs, no conflicts, and constant partnership; 4) security of non-competitive expertise for participants; 5) local factors of CMP; 6) participation of good agencies; 7) reinforcement of participation networks; and 8) post facto management and local doctor management. Conclusions. Its positive effects included patient introduction and greater profitability on an internal basis as well as construction of the collaboration system with the institutions related to medical tourism and confidence. However, there are some limitations: it is still difficult to predict performance due to the short period of their activities, and it is necessary to continue to observe their constant activities since a single medical association was involved.

• Korean Journal of Clinical Laboratory Science
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• v.48 no.2
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• pp.130-136
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• 2016

The aim of this study was to examine and analyze the infection management status of Jeju-area general hospitals, and in order to convey the importance of infection management, and to determine role plans of medical technologists as infection management staff, the infection management status was examined through surveys targeting 7 general hospitals located in Jeju Special Self-Governing Province. The infection management of Jeju-area medical institutions showed excellence in that all institutions operated an infection management room, there was dedicated manpower, and hospital infection management guidelines were established and executed. However most institutions were operating their infection management room with only 1 nurse, reporting many difficulties in securing dedicated manpower, microbe-related culture deciphering, frequency of multiple-resistance bacteria, infection statistics, and details on microbe testing. Accordingly, it is believed that the medical technologist who can perform the practical tasks of infection management has sufficient qualification and experience in infection management as per the medical law enforcement regulations, and in operation of an infection management room. If medical technologists (infection control microbiological technologist) with expert knowledge on microbes and infection control nurses can execute the tasks as dedicated personnel, the operation of the infection management room will be more advanced. In addition, for proper infection management in the future, the introduction of a medical system specialized in infection management and full support for infection management of vulnerable small/medium hospitals in addition to general hospitals across the country is considered important.

• The Journal of Fisheries Business Administration
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• v.39 no.2
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• pp.81-108
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• 2008

Since the declaration made by UN Convention on the Law of the Sea on EEZs, The open seas of Northeast Asia, considerd as a convention area, needed new agreements in conformity with the changes brought by the introduction of the Exclusive Economic Zone(EEZ) system. The Contracting Parties of these agreements set up their own EEZs, which extend certain ranges from their baselines, Fishing in the other party's EEZ is done based on mutual agreements, which take into account traditional fishing activity in the zones. Seperate fishries management systems, in accordance with the relevant legal status of the waters, are applied to individual overlapping areas: Middle Zone in the Bast Sea and the waters south of jeju Island, Interim Measure Zone in the Yellow Sea and East China Sea, and the Transitional Zone in the Yellow Sea. They decided to conclude fisheries agreements as the provisional agreement under Article 74(3) of the UN Convention before the delimitations of the EEZs to avoid the territorial disputes. China and Japan concluded the Fishries Agreement in the November 1997, allowing each coastal State 52 mile EEZ. it was followed by Korea and Japan in September 1998, reaching a final compromise. And also Korea and China came to a satisfactary settlement in November 1998. Fisheries agreements have been established between the three North-east Asian States, the agreement are all bilateral. That implies inefficient resource management on the overlapping waters of the three states, especially on the East China Sea. The Korea-Japan Fisheries Agreement and the China-Japan Fishery Agreement worked as governing rules in the North-east Asian seas before the establishment of EEZs (Exclusive Economic Zones). However the conclusion of the bilateral fishery agreements, Korea China and Japan have developed EEZs, and these three countries have competed for the exploitation of fisheries resources. Therefore, the issue of fisheries resource management was no longer a single countries' problem and emerged as a common issue facing these three countries. In recognition of the above-mentioned problem, it is needed for the construction of cooperative System fishery management in the North-east Asian seas. Therefore, cooperative measures should be establishied. The final goal of the construction of fisheries management cooperative system is to establish sustainable fisheries in the North-east Asian seas. However, there is a big difference in fisheries management tools, fishing gear, exploitation rate of species, etc. This implies that a careful approach should be taken in order to achieve the cooperative fisheries management among Korea, China and Japan. conclusionly, the Governments of Korea, China and Japan should complement three bilateral agreemens, and which they prepares to 'Fisheries Resource Restore Program' Between Korea, China and Japan in the adjacent waters south of Jeju Island.

• Journal of Korea Water Resources Association
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• v.45 no.1
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• pp.39-52
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• 2012

Surface-subsurface interactions are an intrinsic component of the hydrologic response within a watershed. In general, these interactions are considered to be one of the most difficult areas of the discipline, particularly for the modeler who intends simulate the dynamic relations between these two major domains of the hydrological cycle. In essence, one major complexity is the spatial and temporal variations in the dynamically interacting system behavior. The proper simulation of these variations requires the need for providing an appropriate coupling mechanism between the surface and subsurface components of the system. In this study, an approach for modelling surface-subsurface flow and transport in a fully intergrated way is presented. The model uses the 2-dimensional diffusion wave equation for sheet surface water flow, and the Boussinesq equation with the Darcy's law and Dupuit-Forchheimer's assumption for variably saturated subsurface water flow. The coupled system of equations governing surface and subsurface flows is discretized using the finite volume method with central differencing in space and the Crank-Nicolson method in time. The interactions between surface and subsurface flows are considered mass balance based on the continuity conditions of pressure head and exchange flux. The major module consists of four sub-module (SUBFA, SFA, IA and NS module) is developed.