• 항공우주정책ㆍ법학회지
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• 제1권
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• pp.147-162
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• 1989

The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

• Asian Pacific Journal of Cancer Prevention
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• 제17권sup1호
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• pp.1-9
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• 2016

In Vietnam, the WHO Framework Convention on Tobacco Control (WHO FCTC) took effect in March 2005 while MPOWER has been implemented since 2008. This paper describes the progress and challenges of implementation of the MPOWER package in Vietnam. We can report that, in term of monitoring, Vietnam is very active in the Global Tobacco Surveillance System, completing two rounds of the Global Adult Tobacco Survey (GATS) and three rounds of the Global Youth Tobacco Survey (GYTS). To protect people from tobacco smoke, Vietnam has issued and enforced a law requiring comprehensive smoking bans at workplaces and public places since 2013. Tobacco advertising and promotion are also prohibited with the exception of points of sale displays of tobacco products. Violations come in the form of promotion girls, corporate social responsibility activities from tobacco manufacturers and packages displayed by retail vendors. Vietnam is one of the 77 countries that require pictorial health warnings to be printed on cigarette packages to warn about the danger of tobacco and the warnings have been implemented effectively. Cigarette tax is 70% of factory price which is equal to less than 45% of retail price and much lower than the recommendation of WHO. However, Vietnam is one of the very few countries that require manufacturers and importers to make "compulsory contributions" at 1-2% of the factory price of cigarettes sold in Vietnam for the establishment of a Tobacco Control Fund (TCF). The TCF is being operated well. In 2015, 67 units of 63 provinces/cities, 22 ministries and political-social organizations and 6 hospitals received funding from TCF to implement a wide range of tobacco control activities. Cessation services have been starting with a a toll-free quit-line but need to be further strengthened. In conclusion, Vietnam has constantly put efforts into the tobacco control field with high commitment from the government, scientists and activists. Though several remarkable achievements have been gained, many challenges remain. To overcome those challenges, implementation strategies that take into account the contextual factors and social determinants of tobacco use in Vietnam are needed.

• 수산경영론집
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• 제33권2호
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• pp.127-152
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• 2002

This study intends to review the development of Large Purse Seine Fisheries in Korea and Japan, and subsequent changes in the fisheries regime as well as management conditions and to examine reorganization directions. In the Northeast Asian Fishing Area, each country has done mutual operation, which causes the fishery competition and controls fishery development. Besides, Exclusive Economic Zon(EEZ) established in 1996 resulted in the prominent changes of fishery development as well as fishery relationship among each country, demands reorganization of fisheries. In the Large Purse Seine fisheries, Korea and Japan are not decreasing, they are stable. In other words, the increase in one country does not necessarily make the decrease in the other country. This is a difference from the case of the bottom fishery. Japan is the highest in the cost, the management is getting worse due to decreasing fish price and shortage of labor. In the case of Korea, the stagnant productivity has been compensated by the rising fish price, but the fishery of low productivity to cut down the size. In addition, during the 1990s the environment of fishery is getting worse because of the free import fishery, shortage of labor, etc. Following the new fisheries paradigm, each country should reorganize its fisheries structure. The principle for reorganization of fisheries structure in each country should be focused on the establishment of sustainable fisheries. The reorganization of fisheries structure for each country by EEZ establishment does not mean only dividing fishing ground and fisheries resources by countries, but means that countries should cooperate together in fisheries management for long-run benefits from fisheries.

• 수산경영론집
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• 제36권1호
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• pp.103-120
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• 2005

This study aims to examine the change of fish market(魚物市場) and inland brokers(客主, kaegju) on Gunsan(群山), (1899-1919). The increasement of productive capacity in the agriculture and the development of exchange economy in the late period of Chosun Dynasty activated the distribution of fishery products. As a result, the inland brokers who participated in the production and distribution of fishes grew largely. They made the basement of fishery modernization by providing the funds for the fisheries and making the national distribution network. But Japanese fishermen began to hold the domestic market as the Japan government supported legislatively and economically after the opening ports of Korea. On the contrary, the distribution of fishery products had the characteristics different from the production of some. The case of Gunsan which opened in 1899 showed these characteristics as Gunsan is a short distance from Kangkyung(江景), one of three biggest markets and was a base of fishery, That is to say, though the fishery merchants from Japan set up 'a fish market'(魚市場), they didn't hold the sales network on Gunsan, Because the inland brokers on Gunsan had a sales network and began the socio-economic movement. It goes without saying that the instability of price, the difficulties of charge and the racial taste difference in fish made the fish sales from Japan confronted with the difficulties. After Japanese Imperialism enforced the Company Law, the Market Regulation, the Chamber of Commerce Law before or after 1910, Korean inland brokers were disprited and Japanese 'fish market' began to grow largely. These phenomena appeared on Gunsan, too. Especially, the opening of a railway was the main factor which strengthened Japanese 'fish market'. After 1915, Japanese 'fish market' on Gunsan defeated the distribution network of inland brokers.

• 무역상무연구
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• 제40권
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• pp.3-30
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• 2008

This article attempts to describe and analyze the rules on the buyer's remedies for lack of conformity under PELS. It shows that such remedies under the PELS operate in a two-tier remedial scheme which is alien to both domestic and international legal systems. That is, repair and replacement take the position of primary remedy, whereas termination, price reduction and damages are secondary remedies which are available only where the primary remedies cannot be invoked. Notwithstanding its superiority, the PELS have some drawbacks in several aspects. First, the PELS seems to place its focus on the factor of cost except the other factors, for instance, the significance of the lack of conformity, when one decides whether the first tier remedies cause the seller unreasonable effort or expense. It is argued that the factors can be considered by referring to art. 1:302 PECL. Second, the PELS does not expressively provide any exclusion of the seller's right to choose between repair or replacement on the basis of unreasonable uncertainty in reimbursing the expenses advanced by the buyer. It argues that if there is such uncertainty, it should be regarded as causing the buyer an unreasonable inconvenience under art. 4:204(1). Third, the PELS does not seem to properly reflect the consumer's interests in that most consumers prefer to have the absolute right of termination as against the commercial sellers who have a relatively stronger bargaining position. The reasons for that is that there is a big hurdle, i.e., a hierarchy of remedies, to be overcome by the consumer to battle with the commercial seller, and that unavoidable vagueness in defining a minor lack of conformity has been often used against the consumer, but in favour of the commercial seller with a strong bargaining position.

• 한국중재학회지:중재연구
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• 제24권1호
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• pp.45-58
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• 2014

It is a well recognised rule in international law that the property of aliens cannot be taken. The question of whether indirect expropriation and government regulatory measures require compensation is an important issue in international investment law. Bilateral investment treaties and other investment agreements contain brief and general indirect expropriation provisions. These focus on the effect of government action and do not address the distinction between compensable and non-compensable regulatory actions. It is generally accepted that a state is not responsible for loss of property or for other economic disadvantages resulting from bona fide general taxation accepted as within the police power of states, provided it is not discriminatory. Yukos Oil Company is a Russian oil and gas company engaged in exploration, refining, and marketing activities. It is one of the largest oil and gas companies in the world. Yukos Oil Company has its production operations in Russia and markets its products in Europe. An international tribunal ordered the Russian government to compensate a group of Spanish investors for the losses they suffered when Russia seized the Yukos Oil Company on July 26, 2012. This has been the subject of several judicial proceedings and academic publications. This paper explores which circumstances do not lead to taxation amounting to expropriation. The author suggests that under the following circumstances, taxation would not amount to expropriation. First, taxation should be non-discriminatory. Also a lawful exercise of the taxation powers of governments would not amount to expropriation.

• 한국지진공학회논문집
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• 제9권1호통권41호
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• pp.51-59
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• 2005

본 연구에서는 위의 어려움을 해결하기 위해, 스마트 수동제어 시스템을 제안하였다. 스마트 수동제어 시스템은 MR댐퍼와 EMI시스템으로 구성되며, EMI시스템은 영구자석과 솔레노이드 코일로 이루어진다. EMI시스템은 MR댐퍼의 왕복운동에너지를 전기에너지로 변환하므로, 스마트 수동제어 시스템은 외부 전원 없이 외부하중에 따라 댐퍼의 점성을 바꾸는 적응성을 갖는다. 따라서 간단하고 효율적인 장치로써, 대형토목구조물에 적용 가능하다. 이의 확인을 위해 예제를 통한 수치해석을 수행하였으며, 스마트 수동제어 시스템이 강진에 대해서는 기존의 반능동 제어 MR댐퍼 시스템 보다 우수한 성능을 보인다.

• 디지털융복합연구
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• 제8권2호
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• pp.103-114
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• 2010

영화산업을 정확히 이해하기 위해서는 공급측면 뿐만 아니라 수요측면도 분석할 필요가 있다. 이 연구는 한국영화산업에서 1991-2008년까지의 수요측면 변수(영화 관람료, 근로일수, 근로시간, 개인소득, 프로스포츠 관중, 케이블 TV, 개봉영화편수, 스크린 수)를 분석하였다. 수요의 법칙에 따르면 가격의 인상은 수요의 감소를 가져오는데, 연구결과, 영화 관람료 인상과 영화 관객 증가가 함께 이루어졌다 영화에 대한 수요는 소득수준 및 여가시간과 갚은 상관관계를 보여 주였다. 여가와 소득의 증가는 영화에 대한 수요를 높였다. 한편, 프로스포츠가 활성화되면 영화에 대한 수요가 줄어들 것으로 기대되었으나 여가시간 증가와 함께 영화 및 스포츠 관람이 동시에 늘었다. 다양한 장르의 영화가 개봉되면 사람들의 다양한 취향을 만족시켜 영화 관람객이 늘어날 것으로 예상되었으나 실제로는 그렇지 않았다. 한편, 복합상영관 형태의 스크린 수는 영화관객의 수와 상관관계가 높았다.

• 대한토목학회논문집
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• 제28권5D호
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• pp.695-703
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• 2008

중국 수처리 시장의 지속적 성장세 가운데 국내 환경기업은 BOT 방식을 통한 환경산업의 중국진출이라는 측면에 많은 관심을 가지고 있다. 그러나 중국 시장은 2000년 이후 중국기업들의 급성장과 동시에 많은 해외기업이 후퇴한 결과 소수 해외기업의 시장 독점화 현상을 보이고 있다. 본 연구는 이러한 해외기업의 시장탈피 현상과 관련하여 해외기업의 중국 수처리 BOT시장 참여의사결정에 부정적 결과를 초래하는 주요 시장참여 위험요인을 도출하고 국내건설기업의 관점에서 개별 요인이 의사결정에 미치는 영향력을 분석하였다. 분석결과 고정수익 금지조항 발효 및 낮은 물 사용료와 같은 수익 불확실성과 관련된 요인들의 영향력이 가장 높은 것으로 조사되었고, BOT사업에서 EPC업체 선정시 경쟁입찰의 의무화와 건설법인의 설립 의무화 등도 주요 영향변수로 조사되었다. 후자가 문제시 되는 원인은 현지의 대표적 다국적 전문 수처리 기업은 BOT사업 모델을 투자를 수반한 운영사업으로 인식하는 반면에 국내기업은 대다수 시장후퇴 기업들과 마찬가지로 해외 BOT 진출시 EPC사업 수주를 통한 조기 투자회수를 목표로 하고 있다는 점에 기인하는 것으로 조사되었다. 중국 정부는 본 연구결과물을 근거로 중국내 중장기 수처리시설 수요목표를 달성하기 위한 시장경쟁률 향상 메커니즘에 대한 이해를 높일 수 있으며 국내기업은 중국내 수처리 BOT시장 진입시 주요 의사결정 판단기준과 사업 참여의사결정 시스템 개정 방안으로 활용할 수 있다.

• 한국유통학회지:유통연구
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• 제14권1호
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• pp.67-86
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• 2009

2004년에 설립된 강서도매시장은 하나의 시장을 둘로 나누어 한쪽은 상장경매제, 또 다른 한쪽은 시장도매인제를 동시에 운영하는 실험적인 시장이다. 정부는 경매제에 비해 유통단계가 줄어든 시장도매인제가 출하자에게 보다 안정적이고 높은 가격을 제공할 것을 기대하여 이 제도를 도입하였고, 이 시범사업의 결과를 평가하여 향후 전국 도매시장에 시장도매인제를 확대할 계획을 가지고 있다. 본 연구는 시장도매인제의 설립목적을 가설로 설정하여 검정하였다. 연구결과 정부의 기대나 일반적인 믿음과 달리 시장도매인제가 경매제에 비해 출하자에게 더 좋은 가격을 제공하지 못하는 것으로 분석되었다. 시장도매인제가 소기의 역할을 하기 위해서는 제도적 보완과 함께 보다 투명하고 효율적인 운영이 선행되어야 할 것이다.