• Title/Summary/Keyword: international regime

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A Study on the Legal Issues in Space Tourism (우주여행의 법적문제에 대한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.215-239
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    • 2011
  • We are now entering the era of Commercial Space Transportation with the rapid commercialization of space. Commercial Space Tourism will be realized first of all in the commercial space transportation and the spacecraft is developing for it led by private enterprise such as Virgin Galatic and XCOR Aerospace. The spacecraft for space tourism is developed as Reusable Launch Vehicle(RLV). RLV Spaceship I & II manufactured by the Scaled Composites for Virgin Galatic had completed experimental flight successfully and is going to put to the operation for space travel around the year 2012. In our country, Yecheon Astro-Space Center located in Yecheon, Kyungbuk Province, signed a binding-MOU with XCOR Aerospace and going to start space travel in the year 2013 with the spacecraft LYNX MARK-II. Thus, now space travel has become a reality to us. But it is also reality that there's no study by legal basis preparing for the space tourism domestically and internationally. In this regards, this thesis dealt with legal issues related to space tourism. These are as follows : (1) the applicabe law issue that is which law between air law and space law will apply, (2) the status of space tourist issue that is space tourist can be considered as personnel of a spacecraft and/or space flight participant and has the duty to obey the order of the captain of spacecraft, (3) the responsibility of the government for the non-governmental entities such as private enterprise which involved in space tourism in case space accident occurs during the space travel, (4) license permit and supervision issue by the government (In this point, for activating the market of the space tourism, I think it is essential to guarantee the safety of the spacecraft by the government authority, though U. S. government declared that it has not certified the launch vehicle as safe for carrying crew or space flight participants), (5) registration issue, (6) space insurance issue. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and New IGA of 1998 and concluded that uniform legal regime to govern these issues should be established domestically and internationally in the near future.

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An Investigation on the Periodical Transition of News related to North Korea using Text Mining (텍스트마이닝을 활용한 북한 관련 뉴스의 기간별 변화과정 고찰)

  • Park, Chul-Soo
    • Journal of Intelligence and Information Systems
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    • v.25 no.3
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    • pp.63-88
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    • 2019
  • The goal of this paper is to investigate changes in North Korea's domestic and foreign policies through automated text analysis over North Korea represented in South Korean mass media. Based on that data, we then analyze the status of text mining research, using a text mining technique to find the topics, methods, and trends of text mining research. We also investigate the characteristics and method of analysis of the text mining techniques, confirmed by analysis of the data. In this study, R program was used to apply the text mining technique. R program is free software for statistical computing and graphics. Also, Text mining methods allow to highlight the most frequently used keywords in a paragraph of texts. One can create a word cloud, also referred as text cloud or tag cloud. This study proposes a procedure to find meaningful tendencies based on a combination of word cloud, and co-occurrence networks. This study aims to more objectively explore the images of North Korea represented in South Korean newspapers by quantitatively reviewing the patterns of language use related to North Korea from 2016. 11. 1 to 2019. 5. 23 newspaper big data. In this study, we divided into three periods considering recent inter - Korean relations. Before January 1, 2018, it was set as a Before Phase of Peace Building. From January 1, 2018 to February 24, 2019, we have set up a Peace Building Phase. The New Year's message of Kim Jong-un and the Olympics of Pyeong Chang formed an atmosphere of peace on the Korean peninsula. After the Hanoi Pease summit, the third period was the silence of the relationship between North Korea and the United States. Therefore, it was called Depression Phase of Peace Building. This study analyzes news articles related to North Korea of the Korea Press Foundation database(www.bigkinds.or.kr) through text mining, to investigate characteristics of the Kim Jong-un regime's South Korea policy and unification discourse. The main results of this study show that trends in the North Korean national policy agenda can be discovered based on clustering and visualization algorithms. In particular, it examines the changes in the international circumstances, domestic conflicts, the living conditions of North Korea, the South's Aid project for the North, the conflicts of the two Koreas, North Korean nuclear issue, and the North Korean refugee problem through the co-occurrence word analysis. It also offers an analysis of South Korean mentality toward North Korea in terms of the semantic prosody. In the Before Phase of Peace Building, the results of the analysis showed the order of 'Missiles', 'North Korea Nuclear', 'Diplomacy', 'Unification', and ' South-North Korean'. The results of Peace Building Phase are extracted the order of 'Panmunjom', 'Unification', 'North Korea Nuclear', 'Diplomacy', and 'Military'. The results of Depression Phase of Peace Building derived the order of 'North Korea Nuclear', 'North and South Korea', 'Missile', 'State Department', and 'International'. There are 16 words adopted in all three periods. The order is as follows: 'missile', 'North Korea Nuclear', 'Diplomacy', 'Unification', 'North and South Korea', 'Military', 'Kaesong Industrial Complex', 'Defense', 'Sanctions', 'Denuclearization', 'Peace', 'Exchange and Cooperation', and 'South Korea'. We expect that the results of this study will contribute to analyze the trends of news content of North Korea associated with North Korea's provocations. And future research on North Korean trends will be conducted based on the results of this study. We will continue to study the model development for North Korea risk measurement that can anticipate and respond to North Korea's behavior in advance. We expect that the text mining analysis method and the scientific data analysis technique will be applied to North Korea and unification research field. Through these academic studies, I hope to see a lot of studies that make important contributions to the nation.

A Study on Seeking a Multilateral Cooperation Framework for the Inter-Korean Exchange of Intangible Cultural Heritage - Through a Multinational Nomination of a Representative List of Intangible Cultural Heritage of Humanity - (남북 무형유산 교류 협력의 다자간 협력 틀 모색 - 유네스코 인류무형문화유산 남북 공동 등재 사례 -)

  • Kim, Deoksoon
    • Korean Journal of Heritage: History & Science
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    • v.52 no.3
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    • pp.252-269
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    • 2019
  • Since the inauguration of the Kim Jong-un regime in 2012, the safeguarding and management system of cultural heritage in the Democratic People's Republic of Korea (DPRK) has been changing to a form similar to that of a democratic country's legal system. In addition, the National Authority for the Protection of Cultural Heritage (NAPCH) has continuously recorded and cataloged intangible cultural heritage elements in the DPRK, listing Arirang, kimchi-making, and ssireum on the UNESCO Intangible Cultural Heritage Representative List. In particular, the multinational nomination of ssireum in October 2018 is symbolic in terms of inter-Korean exchanges and cooperation for peace and reconciliation, raising expectations for the further multinational nomination of the two Koreas' intangible cultural heritage. Currently, South Korea lists 20 items on its Representative List of the Intangible Cultural Heritage of Humanity, three of which are shared by various countries with multinational nominations such as falconry, tug-of-war, and ssireum. However, when comparing the process of applying for multinational nomination in the three elements that follow, it is necessary to discuss whether these cases reflect the nature of multinational nomination. In particular, in the case of ssireum, without a working-level consultation between the two Koreas to prepare an application for a multinational nomination, each applied for a single registration; these applications were approved exceptionally as a multinational nomination by the Intergovernmental Committee under the leadership of the Secretary-General of UNESCO, and no bilateral exchanges have taken place until now. This is symbolic, formal, and substantially similar to the individual listings in terms of the spirit of co-listing on the premise of mutual exchange and cooperation. Therefore, the only way to strengthen the effectiveness of the multinational nomination between the two Koreas and to guarantee the spirit of multinational nomination is to request multilateral co-registration, including the two Koreas. For this, the Korean government needs a strategic approach, such as finding elements for multilateral co-listing; accumulating expertise, capabilities, and experience as a leading country in multilateral co-listing; and building cooperative governance with stakeholders. Besides, to reduce the volatility of inter-Korean cultural exchanges and cooperation depending on political situations and the special nature of inter-Korean relations, measures should be taken toward achieving inter-Korean cultural heritage exchanges and cooperation under a multilateral cooperation system using UNESCO, an international organization.

Chinese Agrarian Resistance and A New Mediation of State-Society Relationship (중국 농민저항과 국가-사회 관계의 새로운 조정)

  • Lee, Ki-Hyun
    • Journal of International Area Studies (JIAS)
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    • v.15 no.1
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    • pp.61-82
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    • 2011
  • Public resistance is an essential factor of the democratization process. Due to this, public resistance has been recognized as an important element in discussing the democratization of China. Recently in China, and a new era of resistance especially the agrarian resistance has been being expanded. This paper identifies trends and characteristics of that. With searching changes in the relationship between the nation and the societies in China, we will check whether democratization can be built from the whole bottom of the nation's ideology or not. It is a paradox of china's economic growth that the peasant uprising increased is a factor to the growth. The farmers' smoldering discontent exploded with rage because rural communities have been forced to sacrifice during the growth. The authoritarian party-state system in China has been faced with the limits in calming the peasant revolt down with the traditional suppression and restriction. Even though the party-state system in China has accepted farmers' dissatisfaction somewhat, and it has tried to improve its image of a benevolent government and pursued buying stability strategy, the gap between urban and rural areas has been expanded in the sustainable economic development and modernization process, therefore the authorities could not soothe the farmers' sense of alienation. Accordingly, the peasant revolt has not flickered out easily, and has been getting uncontrolled across China. Resistance characteristics of Chinese farmers have also changed. In the past, they had been sporadic and indirect ways, whereas in recent years, they have changed into organized and active ways. Of course, it is generally evaluated that the party-state system has sustained a strong social control so far. Buying stability strategy has prevented farmers' complaints from spreading to a threat to its regime, because civil societies in rural areas have still weak foundations from being formed. The party-state system, because of tensions and conflicts, will control the growing powers of civil societies in rural areas with institutionalization of interaction between the nation and the societies, and they will induce street protests to legalized struggle for a while. However, the relationship between the state and the societies has already started new rearrangement, in terms of that the conflicts between the state and rural communities have continued, and the changes of resistance ways.

A Preliminary Study of Flume Experiments on the Flow Velocity for Initial Formation of Bedforms on Bimodal Sand-sized Sediments (이정 사질 퇴적물의 층면구조 형성 속도에 대한 수조 실험 예비 연구)

  • Kim, Hyun Woo;Choi, Su Ji;Choi, Ji Soo;Kwon, Yoo Jin;Lee, Sang Cheol;Kwak, Chang Hwan;Kwon, Yi Kyun
    • Journal of the Korean earth science society
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    • v.37 no.4
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    • pp.218-229
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    • 2016
  • The bedform stability diagram indicates the shape and size of bedforms that will occur to a given grain size and flow velocity. The diagram has been constructed from experimental data which have been mostly acquired by flume experiments. Generally, the flume experiments have been performed on well sorted sediments with unimodal grain size distribution, in order to understand relationship between grain size and flow velocity. According to the diagram, a ripple structure initiates to be formed from lower flow regime flat bed, as the flow velocity increases on the surface of fine-sand or medium-sand sediments. This study aims to verify that the experimental result of bedform stability diagram will be reproduced in our flume experimental systems, and also to confirm that the result is consistent not only on well-sorted sand sediments but also on poorly-sorted sand sediments with bimodal grain size distribution. The experimental results in this study show that initiation of 2D or 3D ripple structure on poorly-sorted sand sediments requires higher flow velocity and shear stress than those for initiation of the structure on well-sorted sand sediments. In general, carbonate sediments are characterized by poor sorting due to inactive hydraulic sorting and bimodal grain size distribution with allochems and matrices. The results suggest that the carbonate depositional system possibly need a higher flow velocity for initial formation of 2D or 3D bedform structures. The reason might be the fact that pulling off and lifting of a grain in poorly sorted sediments require more energy due to sorting, friction, stabilization, armour effects, and their complex interaction. This preliminary study warrants additional experiments under various conditions and more accurate analysis on the relationship between formation of bedforms and grain size distribution.

On the Novel Concept of "Accident" in the 1999 Montreal Convention -GN v. ZU, CJEU, 2019. 12. 19., C-532/18- (1999년 몬트리올 협약상 "사고"의 새로운 개념에 대한 고찰 - GN v. ZU, CJEU, 2019.12.19., C-532/18 -)

  • An, Ju-Yun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.3-40
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    • 2020
  • The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

The Correlations between Renminbi Fluctuations and Financial Results of Venture Companies in the Floating Exchange Rate (변동환율제도하의 위안화 환율변동과 벤처기업의 재무성과 간 상관관계 연구)

  • Sun, Zhong-Yuan;Chang, Seog-Ju;Na, Seung-Hwa
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.5 no.1
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    • pp.45-67
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    • 2010
  • On July 21st in 2005, People's Bank of China (PBOC) turned the currency peg against the U.S. dollar into managed currency system based on a basket of unnamed currencies under China's exchanged rate regime. This change means that China's enterprises are not free from currency fluctuations. The purpose of this study is to analyze the relations between Renminbi fluctuations in the floating exchange rate and financial results of venture companies. The process and outcomes of this study are as follows, First, in order to measure the financial results of venture companies, I choose venture companies in Shandong Province listed on the Shanghai Stock Exchange (SSE) at random and several quarter financial sheets according to safety ratios, profitability ratios, growth ratios, activity ratios. Second, I arrange the daily Renminbi exchange rate data announced from July 21st, 2005 to December 31st, 2008 by PBOC into the quarterly data. Third, in order to confirm the relations between Renminbi fluctuations and financial results of venture companies, I carry out Pearson's correlation analysis. As a result, the revaluation of the Chinese Renminbi has weakly negative effects on debt ratio, total assets turnover ratio and equity turnover ratio in statistics. But the revaluation of the Chinese Renminbi is not related to other financial index in statistics. The result of this study is that the revaluation of the Chinese Renminbi has little influence on the export and import of Chinese venture companies and certifies the fact that Chinese venture companies have much foreign currency assets. In addition to avoid the currency exposure risk, this study shows the effective method about currency exposure risk which adjusts proportion of Renminbi to foreign currency.

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The Correlations between Renminbi Fluctuations and Financial Results of Venture Companies in the Floating Exchange Rate (변동환율제도하의 위안화 환율변동과 벤처기업의 재무성과 간 상관관계 연구)

  • Sun, Zhong Yuan;Chang, Seog-Ju;Na, Seung-Hwa
    • 한국벤처창업학회:학술대회논문집
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    • 2010.08a
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    • pp.139-160
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    • 2010
  • On July 21st in 2005, People's Bank of China (PBOC) turned the currency peg against the U.S. dollar into managed currency system based on a basket of unnamed currencies under China's exchanged rate regime. This change means that China's enterprises are not free from currency fluctuations. The purpose of this study is to analyze the relations between Renminbi fluctuations in the floating exchange rate and financial results of venture companies. The process and outcomes of this study are as follows, First, in order to measure the financial results of venture companies, I choose venture companies in Shandong Province listed on the Shanghai Stock Exchange (SSE) at random and several quarter financial sheets according to safety ratios, profitability ratios, growth ratios, activity ratios. Second, I arrange the daily Renminbi exchange rate data announced from July 21st, 2005 to December 31st, 2008 by PBOC into the quarterly data. Third, in order to confirm the relations between Renminbi fluctuations and financial results of venture companies, I carry out Pearson's correlation analysis. As a result, the revaluation of the Chinese Renminbi has weakly negative effects on debt ratio, total assets turnover ratio and equity turnover ratio in statistics. But the revaluation of the Chinese Renminbi is not related to other financial index in statistics. The result of this study is that the revaluation of the Chinese Renminbi has little influence on the export and import of Chinese venture companies and certifies the fact that Chinese venture companies have much foreign currency assets. In addition to avoid the currency exposure risk, this study shows the effective method about currency exposure risk which adjusts proportion of Renminbi to foreign currency.

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Compensation for flight delay and Regulation (EC) No. 261/2004 - Based on recent cases in Royal Courts of Justice - (항공기 연착과 Regulation (EC) No. 261/2004의 적용기준 - 영국 Royal Courts of Justice의 Emirates 사건을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.3-31
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    • 2017
  • On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

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Interrelationship between the Shipowner's Limitation of Liability and the Coverage of Liability Insurance: Focus on the Judgment of the Supreme Court of Canada in the Realice Case (선주의 책임제한과 책임보험의 보상 간의 상호관계: Realice호 사건에서 캐나다 대법원 판결을 중심으로)

  • Lee, Won-Jeong
    • Journal of Korea Port Economic Association
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    • v.31 no.2
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    • pp.41-53
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    • 2015
  • In Paracomon Inc. v. Telus Communication, Realice's anchor became entangled with a working fiber-optic submarine cable during its voyage and are presentative of the shipowner(the captain) cut the cable. The owner of the cable brought a claim for the repair cost against the shipowner. The shipowner then advanced a third party claim against a liability insurance underwriter. The Supreme Court of Canada (SCC) held that the shipowner was entitled to limit its liability under the 1976 Convention on the Limitation of Liability for Maritime Claims. The SCC also ruled that even though the misdeed of the shipowner was insufficient to break its right to limitation of liability, its wrongdoing constituted willful misconduct under the 1993 Canada Marine Insurance Act, allowing the underwriter to deny coverage for the incident. Thecasewasthefirsttoaddresstheinterrelationship between the shipowner's right to limit liability under the international convention regime and the availability of liability insurance with respect to such limited liability. This study analyzes the reasoning behind the SCC's judgment and evaluates the appropriateness of this court's decision based on the current maritime industry as well as prevailing maritime law. It concludes that the SCC's decision to declare that the shipowner retained the right to limit its liability is appropriate under the Limitation Convention (1976). However, its declaration that the liability insurer was discharged from liability is not correct in due consideration of the common recognition in the maritime industry, the intended purpose of a third party's right against the liability insurer, and the adoption process of the conduct barring limitation. Based on the SCC's decision, this study finally reviews the issue of the shipowner's right to limit and the coverage of the liability insurer in the Sewol case (2014).