• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.115-157
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• 2013

Some contracting States of the Convention on International Civil Aviation (commonly known as the Chicago Convention) issue FAOC(Foreign AOC and/or Operations Specifications) and conduct various safety audits for the foreign operators. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident, it is the source of concern from the legal as well as economic perspectives. FAOC of the USA doubly burdens the other contracting States to the Chicago Convention because it is the requirement other than that prescribed by the Chicago Convention of which provisions are faithfully observed by almost all the contracting States. The Chicago Convention in its Article 33 stipulates that each contracting State recognize the validity of the certificates of airworthiness and licenses issued by other contracting States as long as they meet the minimum standards of the ICAO. Consequently, it is submitted that the unilateral action of the USA, China, Mongolia, Australia, and the Philippines issuing the FOAC to the aircraft of other States is against the Convention. It is worry some that this breach of international law is likely to be followed by the European Union which is believed to be in preparation for its own unilateral application. The ICAO established by the Chicago Convention to be in charge of safe and orderly development of the international civil aviation has been in hard work to both upgrade and emphasize the safe operation of aircraft. As the result of these endeavors, it prepared a new Annex 19 to the Chicago Convention with the title of "Safety Management" and with the applicable date 14 November 2013. It is this Annex and other ICAO documents relevant to the safety that the contracting States to the Chicago Convention have to observe. Otherwise, it is the economical burden due to probable delay in issuing the FOAC and bureaucracies combined with many different paperworks and regulations depending on where the aircraft is flown. It is exactly to avoid this type of confusion and waste that the Chicago Convention aimed at when it was adopted in 1944. The State of the operator shall establish a system for both the certification and the continued surveillance of the operator in accordance with ICAO SARPs to ensure that the required standards of operations are maintained. Certainly the operator shall meet and maintain the requirements established by the States in which it operate. The authority of a State stops where the authority of another State intervenes or where the former has yielded its power by an international agreement for the sake of international cooperation. Hence, it is not within the realm of the State to issue FAOC towards foreign operators for the reason that these foreign operators are flying in and out of the State. Furthermore, there are other safety audits such as ICAO USOAP, IATA IOSA, FAA IASA, and EU SAFA that assure the safe operation of the aircraft, but within the limit of their power and in compliance with the ICAO SARPs. If the safety level of any operator is not satisfactory, the operator could be banned to operate in the contracting States with watchful eyes until the ICAO SARPs are met. This time-honoured practice has been applied without any serious problems. Besides, we have the new Annex 19 to strengthen and upgrade with easy reference for contracting States. We don't have no reason to introduce additional burden to the States by unilateral actions of some States. These actions have to be corrected. On the other hand, when it comes to the carriage of the Personal or Pilot Log Book, the Korean regulation requiring it is in contrast with other relevant provisions of USA, USOAP, IOSA, and SAFA. The Chicago Convention requires in its Articles 29 and 34 only the carriage of the Journey Log Book and some other certificates, but do not mention the Personal Log Book at all. Paragraph 5.1.1.1 of Annex 1 to the Chicago Convention even makes it clear that the carriage in the aircraft of the Personal Log Book is not required on international flights. The unique Korean regulation in this regards giving the unnecessary burden to the national flag air carriers has to be lifted at once.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.6
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• pp.662-671
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• 2015

As the type of Hazardous and Noxious Substances(HNS) becomes various and the transport volume of HNS increases, HNS spill incidents occur frequently on land and the sea. In view of various damages to human lives and properties by HNS spills, it is necessary to educate and train professional personnel in preparation for and response to potential HNS spills. This study shows the current state of response systems and education courses against HNS spill incidents on land and the sea to compare those with each other between land and sea in Korea. Incident command system on land are basically similar to that at sea, but leading authority which is responsible for combating HNS spills at sea is changeable depending on the location of HNS spill, as it were, Korea Coast Guard(KCG) is responsible for urgent response to HNS spill at sea, while municipalities are responsible for the response to HNS drifted ashore. Education courses for HNS responders on land are established at National Fire Service Academy(NFSA), National Institute of Chemical Safety(NICS), etc., and are diverse. Education and training courses for HNS responder at sea are established at Korea Coast Guard Academy(KCGA) and Marine Environment Research & Training Institute(MERTI), and are comparatively simple. Education courses for dangerous cargo handlers who work in port where land is linked to the sea are established at Korea Maritime Dangerous Goods Inspection & Research Institute(KOMDI), Korea Port Training Institute(KPTI) and Korea Institute of Maritime and Fisheries Technology(KIMFT). Through the comparison of education courses for HNS responders between land and sea, some recommendations such as extension of education targets, division of an existing integrated HNS course into two courses composed of operational level and manager level with respective refresh course, on-line cyber course and joint inter-educational institute course in cooperation with other relevant institutes are proposed for the improvement in education courses of KCG and KOEM(Korea Marine Environment Management Corporation) to educate and train professionals for combating HNS spills at sea in Korea.

• Journal of the Korean Geographical Society
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• v.52 no.1
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• pp.25-53
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• 2017

The ultimate goal of this research is to examine the geographical characteristics of therapeutic spaces where have been appeared in Wa-dong and Gojan-dong, Ansan-si after the disaster of the MV Sewol. As looking into the inside, the aim of the therapeutic spaces, which cover each target group (victims) individually, is various and different because the disaster of the MV Sewol generated various direct and indirect victims requiring healing. The therapeutic spaces are estimated at about 10 organizations and are leaded by private agents predominantly. Furthermore, the therapeutic spaces are located near, but are aside from Danwon high school where many students are reported killed and injured in the incident. And the therapeutic spaces provide simple and repetitive diversions, for example, having a meal, knitting and studying, rather than special programs to restore a broken daily life to the original state. On the basis of such a background, the geographical characteristics of the therapeutic spaces related to the disaster of the MV Sewol can be summarized as follows; first, it seems that target groups accept the therapeutic spaces as the concept of place gradually. Even though most of the therapeutic spaces were suggested by third parties at first, target groups are involved in the management and recollection of their own therapeutic spaces as well as the plan for a future direction now; and consider the therapeutic spaces as exclusive properties. Second, the disaster of the MV Sewol have embedded collective trauma to not only direct victims, but extensive groups such as parents, brothers and sisters, relatives, friends and neighbors as noted earlier. Therefore, the therapeutic spaces support comprehensive target groups; but each therapeutic space is not overlapped each other. However, to solve collective trauma in a local community effectively, the therapeutic spaces are networked closely and build a regular cooperative system. Third, a continuous memory is mentioned as an important point to overcome collective trauma, but some phenomena such as fatigue and conflict with neighbors, out-migrants and a faded atmosphere as time passes act as risk factors in Ansan-si. To keep a continuous memory, the therapeutic spaces attempt the recovery of local communities and devise various events, for example, cultural performances; furthermore, are closely connected with external organizations.