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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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Hightechnology industrial development and formation of new industrial district : Theory and empirical cases (첨단산업발전과 신산업지구 형성 : 이론과 사례)

  • ;Park, Sam Ock
    • Journal of the Korean Geographical Society
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    • v.29 no.2
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    • pp.117-136
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    • 1994
  • Contemporary global space economy is so dynamic that any one specific structural force can not explain the whole dynamic processes or trajectories of spatial industrial development. The major purpose of this paper is extending the traditional notion of industrial districts to functioning and development of new industrial districts with relation to the development of high technology industries. Several dynamic forces, which are dominated in new industrial districts in the modern space economy, are incorporated in the formation and dynamic aspects of new industrial districts. Even though key forces governing Marshallian industrial district are localization of small firms, division of labor between firms, constructive cooperation, and industrial atmosphere, Marshall points out a possibility of growing importance of large firms and non-local networks in the districts with changes of external environments. Some of Italian industrial districts can be regarded as Marshallian industrial districts in broader context, but the role of local authorities or institutions and local embeddedness seem to be more important in the Italian industrial districts. More critical implication form the review of Marshallian industrial districts and Italian industrial districts is that the industrial districts are not a static concept but a dynamic one: small firm based industrial districts can be regarded as only a specific feature evolved over time. Dynamic aspects of new industrial districts are resulting from coexistence of contrasting forces governing the functioning and formation of the districts in contemporary global space economy. The contrasting forces governing new industrial districts are coexistence of flexible and mass production systems, local and global networks, local and non-local embeddedness, and small and large firms. Because of these coexistence of contrasting forces, there are various types of new industrial districts. Nine types of industrial districts are identified based on local/non-local networks and intensity of networks in both suppliers and customers linkages. The different types of new industrial districts are described by differences in production systems, embeddedness, governance, cooperation and competition, and institutional factors. Out of nine types of industrial districts, four types - Marshallian; suppliers hub and spoke; customers hub and spoke; and satellite - are regarded as distinctive new industrial districts and four additional types - advanced hub and spoke types (suppliers and customers) and mature satellites (suppliers and customers) - can be evolved from the distinctive types and may be regarded as hybrid types. The last one - pioneering high technology industrial district - can be developed from the advanced hub and spoke types and this type is a most advanced modern industrial district in the era of globalization and high technology. The dynamic aspects of the districts are related with the coexistence of the contrasting forces in the contemporary global space economy. However, the development trajectory is not a natural one and not all the industrial districts can develop to the other hybrid types. Traditionally, localization of industries was developed by historical chances. In the process of high technology industrial development in contemporary global space economy, however, policy and strategies are critical for the formation and evolution of new industrial districts. It needs formation of supportive tissues of institutions for evolution of dyamic pattern of high technology related new industrial districts. Some of the original distinctive types of new industrial districts can not follow the path or trajectory suggested in this paper and may be declined without advancing, if there is no formation of supportive social structure or policy. Provision of information infrastructure and diffusion of an entrepreneurship through the positive supports of local government, public institutions, universities, trade associations and industry associations are important for the evolution of the dynamic new industrial districts. Reduction of sunk costs through the supports for training and retraining of skilled labor, the formation of flexible labor markets, and the establishment of cheap and available telecommunication networks is also regarded as a significant strategies for dynamic progress of new industrial districts in the era of high technology industrial development. In addition, development of intensive international networks in production, technology and information is important policy issue for formation and evolution of the new industrial districts which are related with high technology industrial development.

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A Measure of Improvement of the Shell Egg Grading System (계란등급제 개선방안에 관한 연구)

  • Kim, Dong Jin;Lim, Sung Soo
    • Korean Journal of Poultry Science
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    • v.42 no.3
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    • pp.223-230
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    • 2015
  • Eggs are an important source of protein for the human diet. Consumers want fresher, more delicious and more sanitary eggs. In Korea, the Shell Egg Grading system (EGS) was employed in 2001. The portion of graded shell eggs has increased every year, but graded shell eggs account for only 6% of all eggs. The EGS should satisfy producers, distributors and consumers. However, the EGS does not have an official function because of many problems. Consumers cannot select various graded shell eggs in the market, and producers do not receive enough profit even though they produce top-quality graded shell eggs. There are few studies on the EGS, Therefore, this study was performed to improve the EGS. We surveyed the EGS, GP Centers and farmers. Large companies (farmers) are more satisfied than small companies with the EGS. There was a high tendency for the companies (farmers) that are not involved with the EGS to think that graded and ungraded shell eggs are similar, in contrast to the companies (farmers) connected to the EGS. We should have to change the grading system of grade shell eggs, establish of the cold chain system, change of the law for the school meals, minimize payment for the grading shell eggs for developing EGS. Based on this study, the egg industry can benefit through the improvement of the EGS.

Studies on the Rapid Discrimination of Yellow Pigments Colored on Yellow Croakers and Natural Yellow Pigment of Croakers (참조기의 천연색소와 인위적으로 착색된 황색색소류 판별법에 관한 연구)

  • Kim, Hee-Yun;Hong, Jin-Hwan;Kim, Dong-Sul;Han, Sang-Bae;Lee, Eun-Ju;Lee, Jeung-Seung;Kang, Kil-Jin;Chung, Hyung-Wook;Song, Kyung-Hee;Park, Hye-Kyung;Park, Jong-Seok;Kwon, Yong-Kwan;Chin, Myung-Shik;Park, Hee-Ok;Oh, Sae-Hwa;Shin, Il-Shik;Lee, Chang-Kook;Park, Hee-Yul;Ha, Sang-Chul;Jo, Jae-Sun
    • Korean Journal of Food Science and Technology
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    • v.34 no.6
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    • pp.977-983
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    • 2002
  • This study was performed to establish the precise and rapid method to distinguish croakers through the pigment analysis of colored imported white croakers for adultration. We surveyed the coloring behaviors, extraction test by water and organic solvent and using pigments such as targeting, curcumine, and azo dye products. The pigment of yellow croaker is not stained on wet cloth or tissue which is rubbed on epidermis of yellow croaker and was not eluted in water extraction test, while adulterated pigments were easily extracted by water and acetone, but edible diluted yellow, Yellow No. 4 and Yellow No. 5 were not extracted. Reactive pigment was detected easily by extraction with water and dispersed pigment was also detected by extraction test. As a result of discoloring characteristics of carotene having similar structure to yellow croaker and azo dye by oxidation and reduction, azo dyes were not discolored by oxidation with sodium percarbonate or peracetic acid but that were discolored by oxidation with Fenton reagent after 1hr and by hypochlorite promptly. On the other hand, carotenes were not discolored by sodium precarbonate and Fenton reagent but discolored by sodium hypochlorite after 2 hr and by peracetic acid promptly. Azo dyes were discolored by reduction with sodium hydrosulfite and sodium carbonate but carotenes were not discolored by these reagents. This discoloring test was applicable to detect adulterated pigments and other marine product.

Studies on Microbiological and Chemical Characteristics of Gamma-Irradiated Soybean Powder (감마선 조사된 대두분의 미생물학적 및 이화학적 특성 연구)

  • Kim, Hee-Yun;Song, Kyong-Hee;Hong, Jin-Hwan;Kim, Dong-Sul;Han, Sang-Bae;Lee, Eun-Ju;Kang, Kil-Jin;Chung, Hyung-Wook;Im, Moo-Hyeog;Kim, Chang-Min;Kwon, Yong-Kwan;Chin, Myung-Shik;Song, In-Hwan;Byun, Myung-Woo;Bae, Dong-Ho;Shin, Il-Shik;Ha, Sang-Chul
    • Korean Journal of Food Science and Technology
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    • v.34 no.6
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    • pp.962-968
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    • 2002
  • Effects of gamma-irradiation of 1 to 10 kGy on the microbial growth, contents of amino acids, fatty acids, and free sugars, and changes in acid values in soybean powder were studied. Irradiation doses at $3{\sim}5\;kGy$ inhibited the mold growth completely in two kinds of imported soybean powders. Contents of sulfur-containing amino acids, such as cysteine, in both soybean powders decreased with irradiation, whereas no significant changes in free amino acid and fatty acid contents of both soybean powders were observed. Free sugar contents of stachyose and sucrose in Chinese soybean powder decreased with increasing irradiation dose level, whereas, those of other sugars remained unchanged. Results of this study confirm that $3{\sim}5\;kGy$ irradiation can be safely applied to apply to soybean powder without causing significant quality deteriorations microbiologically and chemically.

The Relationship between Internet Search Volumes and Stock Price Changes: An Empirical Study on KOSDAQ Market (개별 기업에 대한 인터넷 검색량과 주가변동성의 관계: 국내 코스닥시장에서의 산업별 실증분석)

  • Jeon, Saemi;Chung, Yeojin;Lee, Dongyoup
    • Journal of Intelligence and Information Systems
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    • v.22 no.2
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    • pp.81-96
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    • 2016
  • As the internet has become widespread and easy to access everywhere, it is common for people to search information via online search engines such as Google and Naver in everyday life. Recent studies have used online search volume of specific keyword as a measure of the internet users' attention in order to predict disease outbreaks such as flu and cancer, an unemployment rate, and an index of a nation's economic condition, and etc. For stock traders, web search is also one of major information resources to obtain data about individual stock items. Therefore, search volume of a stock item can reflect the amount of investors' attention on it. The investor attention has been regarded as a crucial factor influencing on stock price but it has been measured by indirect proxies such as market capitalization, trading volume, advertising expense, and etc. It has been theoretically and empirically proved that an increase of investors' attention on a stock item brings temporary increase of the stock price and the price recovers in the long run. Recent development of internet environment enables to measure the investor attention directly by the internet search volume of individual stock item, which has been used to show the attention-induced price pressure. Previous studies focus mainly on Dow Jones and NASDAQ market in the United States. In this paper, we investigate the relationship between the individual investors' attention measured by the internet search volumes and stock price changes of individual stock items in the KOSDAQ market in Korea, where the proportion of the trades by individual investors are about 90% of the total. In addition, we examine the difference between industries in the influence of investors' attention on stock return. The internet search volume of stocks were gathered from "Naver Trend" service weekly between January 2007 and June 2015. The regression model with the error term with AR(1) covariance structure is used to analyze the data since the weekly prices in a stock item are systematically correlated. The market capitalization, trading volume, the increment of trading volume, and the month in which each trade occurs are included in the model as control variables. The fitted model shows that an abnormal increase of search volume of a stock item has a positive influence on the stock return and the amount of the influence varies among the industry. The stock items in IT software, construction, and distribution industries have shown to be more influenced by the abnormally large internet search volume than the average across the industries. On the other hand, the stock items in IT hardware, manufacturing, entertainment, finance, and communication industries are less influenced by the abnormal search volume than the average. In order to verify price pressure caused by investors' attention in KOSDAQ, the stock return of the current week is modelled using the abnormal search volume observed one to four weeks ahead. On average, the abnormally large increment of the search volume increased the stock return of the current week and one week later, and it decreased the stock return in two and three weeks later. There is no significant relationship with the stock return after 4 weeks. This relationship differs among the industries. An abnormal search volume brings particularly severe price reversal on the stocks in the IT software industry, which are often to be targets of irrational investments by individual investors. An abnormal search volume caused less severe price reversal on the stocks in the manufacturing and IT hardware industries than on average across the industries. The price reversal was not observed in the communication, finance, entertainment, and transportation industries, which are known to be influenced largely by macro-economic factors such as oil price and currency exchange rate. The result of this study can be utilized to construct an intelligent trading system based on the big data gathered from web search engines, social network services, and internet communities. Particularly, the difference of price reversal effect between industries may provide useful information to make a portfolio and build an investment strategy.

Current Development of Company Law in the European Union (유럽주식회사법의 최근 동향에 관한 연구)

  • Choi, Yo-Sop
    • Journal of Legislation Research
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    • no.41
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    • pp.229-260
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    • 2011
  • European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

Denied Boarding and Compensation for Passengers in the EU Air Transport Legal Framework and Cases (항공여객운송에서의 탑승거부와 여객보상기준)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.203-234
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    • 2019
  • The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

The Definition and Regulations of Drone in Korea (韓国におけるドロ?ンの定義と法規制)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.235-268
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    • 2019
  • Under the Aviation Safety Act of Korea, any person who intends to operate a drone is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of drones in the daytime, (ii) Operation of drones within Visual Line of Sight, (iii) Maintenance of a certain operating distance between drones and persons or properties on the ground/ water surface, (iv) Do not operate drones over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by drone, (vi) Do not drop any objects from drones. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes legal issues as to definition and regulations of drones in Korean Aviation Safety Act. This paper, also, offers some implications and suggestions for regulations of drones under Korean Aviation Safety Act by comparing the regulations of drones in Japanese Civil Aeronautics Act.

Current Status of Ship Emissions and Reduction of Emissions According to RSZ in the Busan North Port (부산 북항에서의 선박 배출물질 현황과 선속제한에 의한 배출량 감소 연구)

  • Lee, Bo-Kyeong;Lee, Sang-Min
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.25 no.5
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    • pp.572-580
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    • 2019
  • In view of the numerous discussions on global environmental issues, policies have been implemented to limit emissions in the field of marine transport, which accounts for a major part of international trade. In this study, a ship's emissions were calculated by applying the engine load factor to determine the total quantity of emissions based on the ship's speed reduction. For ships entering and leaving the Busan North Port from 1 January to 31 December 2017, emissions were calculated and analyzed based on the ship's type and its speed in the reduced speed zone (RSZ), which was set to 20 nautical miles. The comparison of the total amount of emissions under all situations, such as cruising, maneuvering, and hotelling modes revealed that the vessels that generated the most emissions were container ships at 76.1 %, general cargo ships at 7.2 %, and passenger ships at 6.8 %. In the cruising and maneuvering modes, general cargo ships discharged a lesser amount of emission in comparison with passenger ships; however, in the hotelling mode, the general cargo ships discharged a larger amount of emission than passenger ships. The total emissions of nitrogen oxides (NOx), sulphur oxides (SOx), particulate matter (PM), and volatile organic compounds (VOC), were 49.4 %, 45 %, 4 %, and 1.6 %, respectively. Furthermore, the amounts of emission were compared when ships navigated at their average service speed, 12, 10, and 8 knots in the RSZ, respectively. At 12 knots, the reduction in emissions was more than that of the ships navigating at their average service speed by 39 % in NOx, 40 % in VOC, 42 % in PM, and 38 % in Sox. At 10 knots, the emission reductions were 52 %, 54 %, 56 %, and 50 % in NOx, VOC, PM, and Sox, respectively. At 8 knots, the emission reductions were 62 %, 64 %, 67 %, and 59 % in NOx, VOC, PM, and Sox, respectively. As a result, the emissions were ef ectively reduced when there was a reduction in the ship's speed. Therefore, it is necessary to consider limiting the speed of ships entering and leaving the port to decrease the total quantity of emissions.