• Title/Summary/Keyword: law and safety principles

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Applying QDRD for Safety Products Design (제품안전설계를 위한 QDRD의 적용)

  • Jung, Won;Kim, Jun-Hong;Yoo, Wang-Jin
    • Journal of Korean Society for Quality Management
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    • v.30 no.4
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    • pp.164-173
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    • 2002
  • The first product liability laws went into effect in Korea in July 2002. A person who suffers personal injury or damage to property due to defects in a product may sue both the manufacturer and the seller of the product under the principles of Korea tort law. This paper presents an integrated methodology which is called the QDRD(Quality deployment and reliability deployment) for hazards analysis in new product designs. QDRD applies QFD, FMEA and FTA to identify the hazards component, hazardous situations and hazardous events which could lead to an accident. An example is provided to demonstrate hazards analysis on a product using the QDRD method.

A Case study on the Escape Performance of Apartment Buildings (사례를 통한 공동주택의 피난성능에 관한 연구)

  • 이용재;이범재
    • Fire Science and Engineering
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    • v.12 no.4
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    • pp.59-69
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    • 1998
  • As high-rise Apartment buildings increase the importance of fire prevention and escape performance. While these buildings provide dwellers with much more houses, they have the basic escape safety problem in their apartment buildings. In these respect, this study aims to present the Principles of Fire protection for the escape performance of apartment buildings. This study reviews basic theories of escape in apartment buildings. I figure out the characteristics of the fires in apartment buildings by case studying the fire in the apartment buildings, and find out the existing problems for escape performance and fire prevention by surveying. In this study, the major findings are as follows: The planning method should be based on the escape performance. In the planning stage, fire safety should be considered more seriously than law and economic factors.

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Study of the Introduction on the Aviation Safety Data Protection System (항공안전데이터 보호제도 도입 방안 연구)

  • Kim, Eun-jung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.81-120
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    • 2018
  • To promote the aviation safety reporting system that is operated to enhance aviation safety and to utilize related information, it should first be preceded by standards for non-punishment and data protection. It is because the purpose of collection and analysis of aviation safety related data through the aviation safety reporting system is to prevent recurrence of accidents by investigating their causes through collection and analysis of diverse types of information related to aviation safety. Both mandatory and voluntary reporting systems are in operation for aviation safety under the current Aviation Safety Act. It is said that they were introduced to survey causes for accidents and to prevent recurrences. In fact, however, it is hard to expect active implementation of the reporting system for aviation safety unless the reporters are firstly exempted from punishment. Therefore, the system should be improved so that it can satisfy its purpose and the purposes of data collection concerning aviation safety through examination of the purposes of the reporting system. One of the matters that needs to be considered to promote the reporting system should be the scope of aviation safety hindrances presupposed under the current institution. The voluntary aviation safety reporting system differs from the systems of ICAO or the key advanced countries, including the USA and the UK as it limits the target accidents subject to reporting to minor aviation safety hindrances only. That being said, improvements should be made by requiring mandatory reporting of aviation safety hindrances based on their severity while recognizing a greater variety of aviation safety concerns like international standards. Safety actions and sharing of information based on collection and analysis of diverse data related to aviation safety will greatly contribute to enhance aviation safety as the purposes of the reporting system are to explore causes for accidents and to prevent their recurrences. What is most important in this regard is strict data protection and non-punishment principles; compliance with them should be secured. We can hardly expect the successful operation of the system unless the reporter is exempted from punishment and the relevant data is protected as promotion of voluntary reporting is an essential factor for enhancing the safety culture. Otherwise, the current system may induce hiding of relevant facts or data to evade punishment. It is true that the regulation for enhancing safety tends to have limitations or blind spots; nevertheless, it should still be enforced strictly and completely. Technological progresses and mistakes of operators appear in different forms based on individual cases. The consequential damages may amount to a truly severe level. Therefore, we have studied and suggested to the methods of activiation and amendments on the aviation safety reporting system, which is referred for one of the proactive safety management systems. The proposed improvement of the reporting system and introduction of non-punishment for collection of aviation safety data for deploying a preemptive prevention system would serve as the backbone for enhancing aviation safety in Korea.

A Comparative Legal Study on Safety and Transportation Convenience of Mobility Disadvantaged Persons (항공교통약자 안전 및 이용편의를 위한 비교법적 연구)

  • Hwang, Ho-Won;Cho, Jeong-Hyeon
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.63-97
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    • 2016
  • Ago the passenger who using a wheelchair was denied boarding from the airline. The ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST DISABLED PERSONS prohibits discriminatory treatment of persons with disabilities in transportation. But there are situations that limits the movement on persons with reduced mobility. The international community promote to protect disabled persons and persons with reduced mobility against discrimination and to provide them with assistance when travelling by air. According to news report, the governing Council of the International Civil Aviation Organization (ICAO) has established new global core principles on air transport consumer protection. The principles cover three phases of a customer's experience: before, during and after travel, and will now be considered by ICAO's 191 Member States when they develop or review their applicable national regimes. The international community are recognizing that passengers can benefit from a competitive air transport sector, which offers more choice in fare-service trade-offs and which may encourage carriers to improve their offerings, passengers, including those with disabilities, can also benefit from consumer protection regimes. In accordance with these we will also be provided to regulations that can prevent and protect the air passenger. In this paper analyze the regulations of the international air passenger rights, point out the lack of policy.

A Study on the Trends in the Studies on Marine Spatial Planning: Focusing on Topic Modeling (해양공간계획 연구동향 분석 연구: 토픽 모델링을 중심으로)

  • Hwang, Kyu Won;Jang, Ah Reum;Lee, Moon Suk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.7
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    • pp.954-966
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    • 2021
  • With regards to the marine spatial plannings of the world, the spaces are being managed through the integration of various uses and the establishment of systems and laws in the perspective of the utilization of spaces. In the perspective of policy establishment, the policy readiness level is applied to analyze the trends in the studies on South Korea's marine spatial plans. The scope of the study included analyzing marine spatial plan as a keyword in articles published over the period from 2010 to 2020. The methods of analysis included the analyses of the frequency of word appearance, word clouds, and appearance intensity, which were used to identify key issues. Five keywords that were related to the topics were identified, and were again used to identify the key themes. The core themes were changing in all phases, such as the principles development phase, institutionalization phase, policy verification phase. For future benefit, this requires more research in South Korean public organizations and universities.

AI-Enabled Business Models and Innovations: A Systematic Literature Review

  • Taoer Yang;Aqsa;Rafaqat Kazmi;Karthik Rajashekaran
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.18 no.6
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    • pp.1518-1539
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    • 2024
  • Artificial intelligence-enabled business models aim to improve decision-making, operational efficiency, innovation, and productivity. The presented systematic literature review is conducted to highlight elucidating the utilization of artificial intelligence (AI) methods and techniques within AI-enabled businesses, the significance and functions of AI-enabled organizational models and frameworks, and the design parameters employed in academic research studies within the AI-enabled business domain. We reviewed 39 empirical studies that were published between 2010 and 2023. The studies that were chosen are classified based on the artificial intelligence business technique, empirical research design, and SLR search protocol criteria. According to the findings, machine learning and artificial intelligence were reported as popular methods used for business process modelling in 19% of the studies. Healthcare was the most experimented business domain used for empirical evaluation in 28% of the primary research. The most common reason for using artificial intelligence in businesses was to improve business intelligence. 51% of main studies claimed to have been carried out as experiments. 53% of the research followed experimental guidelines and were repeatable. For the design of business process modelling, eighteen AI mythology were discovered, as well as seven types of AI modelling goals and principles for organisations. For AI-enabled business models, safety, security, and privacy are key concerns in society. The growth of AI is influencing novel forms of business.

Development of a Web-based Diagnostic Evaluation Program for Prevention of Nurse Malpractice Liability (간호과오책임 예방을 위한 웹기반 진단평가 프로그램 개발)

  • Kim, Ki-Kyong
    • Journal of Korean Academy of Nursing Administration
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    • v.17 no.1
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    • pp.33-43
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    • 2011
  • Purpose: This study was done to develop a web-based diagnostic evaluation program for nurses to prevent malpractice liability. Methods: A comprehensive review of the literature and 9 specialist interviews were used to search for learning goals and content for protection for nurses from malpractice. Data on needs for learning goals were collected from 56 hospital nurses who agreed to complete a self-report questionnaire. The diagnostic program was evaluated between September 2008 and August 2009 by 35 new hospital nurses using an application of the web-based program evaluation tools by Chung (2000). Results: A comprehensive review of the literature and interviews were used to search for learning goals and content. The evaluation program was composed of the 73 questions for diagnostic evaluation under 23 learning goals and 6 grand learning goals which included the principles of law, patient's rights, legal responsibility, patient's safety, regulation on nursing practice and patient's rights protection. Evaluation of the program showed that the mean for program evaluation was 3.43 (SD=.37). Conclusion: This diagnostic evaluation program could be an efficient method for teachers and learners to improve nurses' behavior in protecting the patient's rights and preventing malpractice claims.

A study on the potential market conditions and the road map of Korean vehicles for people with disabilities (장애인 복지차 시장현황과 한국형 장애인 복지차 로드맵에 관한 연구)

  • Rhee, K.M.;Kim, D.O.
    • Journal of rehabilitation welfare engineering & assistive technology
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    • v.7 no.1
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    • pp.29-37
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    • 2013
  • The purpose of this study is to suggest the potential domestic and international market conditions vehicles for people with disabilities through a review of the literature and internet resources, and to propose a road map developing South Korean vehicles for people with disabilities taking into consideration the current state of domestic and international technology and the usage of the vehicles for people with disabilities depending on the type of disability. The results of the study are as follows: First, vehicles for people with disabilities safety standards of South Korea do not meet the safety standards of developed countries and the technology of development related vehicles for people with disabilities is not as advanced as that of developed countries. Vehicles for people with disabilities installation methods, specifications, features and safety standards should be designed to be more similar to those of Japan and the United States. Second, vehicle modifications for people with disabilities will become more common as measures directed at promoting the welfare of people with disabilities, such as travel and transportation measures, employment opportunities, education, and funding for vehicle modifications, are implemented along with laws, such as The Americans with Disabilities Act, The British Disability Discrimination Act, and Japan's barrier-free transport law, that protect people with disabilities generally. Third, through a comparative analysis of domestic and international market conditions and demands of people with disabilities in vehicle modifications, important things to pay attention by purchasing a modified vehicle for people with disabilities are the employment rate for people with disabilities and monthly income. To enable this, government agencies and industry bodies should work together through the revision of the current Disability Welfare Act or the enactment of the special law for guiding principles of Disability Welfare Act. Through the future changes in vehicles for people with disabilities-related system or society of South Korean, the annual demand of the vehicles is expected to be more than 10,000.

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The Need for Modernization of the Tokyo Convention(1963) on the Issue of Unruly Passengers and the Inadequacy of Korean Domestic Legal Approaches (기내 난동승객관련 도쿄협약의 개정필요성과 한국국내법적 접근의 한계)

  • Bae, Jong-In;Lee, Jae-Woon
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.3-27
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    • 2012
  • Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

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'Open Skies' Agreements and Access to the 'Single' European Sky;Legal and Economic Problems with the European Court of Justice's Judgment in 'Commission v. Germany'(2002) Striking Down the 'Nationality Clause' in the U.S.-German Agreement (항공(航空) 자유화(自由化)와 '단일(單一)' 유럽항공시장(航空市場) 접근(接近);유럽사법재판소(司法裁判所)의 미(美) ${\cdot}$ 독(獨) 항공운수협정(航空運輸協定)상 '국적요건(國籍要件)' 조항(條項)의 공동체법(共同體法)상 '내국민대우(內國民待遇)' 규정 위반(違反) 관련 '집행위원회(執行委員會) 대(對) 독일연방(獨逸聯邦)' 사건 판결(判決)(2002)의 문제점을 중심으로)

  • Park, Hyun-Jin
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.15 no.1
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    • pp.38-53
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    • 2007
  • In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

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