• Title/Summary/Keyword: law of war

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Introduction to the Montreal Convention 1999 (New Warsaw Convention : Montreal Convention 1999 소개)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.9-28
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    • 2003
  • The Warsaw Convention of 1929 and the amendments thereto including the Hague Protocol, Montreal Protocols Nos. 1,2,3 and 4, the Guadalajara Convention and the IATA Intercarrier Agreements, which are the rules (as called "War saw System") have played as a major rule in the international air transportation for more than 70 years, will be replaced by the Montreal Convention of 1999 for its effectiveness on November 4, 2003. While a major portion of the Montreal Convention follows the language of the Warsaw System, the Montreal Convention makes significant changes to the scope and extent of the carrier's liability, expands the jurisdictions where the carrier can be sued, and recognizes the effect of code sharing on air carrier liability. The Montreal Convention heralds the single biggest change in the international aviation since the diplomatic efforts in the mid-1920's which resulted in the enactment of the Warsaw Convention. Until now, the legal liability of almost all the international air carriers has been governed by the Warsaw System. The Montreal Convention incorporates provisions of these instruments to create a single document and to set a uniform regime for carrier liability in international transportation. At the same time the issue of the low liability limits of the Warsaw has been resolved to a more satisfactory level in the Montreal Convention. The Convention has been hailed as consumer friendly and progressive in nature. If this Convention is ratified by Korea, the virtual elimination of the liability limits between the passengers and the airlines will become law by treaty. The airlines in Korea as well as Korean consumers of international air carriage will immensely benefit from the ratification. As opposed to the Warsaw Convention, the Montreal Convention has been described to be the one that is no longer a Convention for airlines, but it would serve the interests of both the consumers and the air carriers.

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EU Integration and Its Aviation Relationship with Third Countries (유럽연합(EU) 통합과 제3국과의 항공관계)

  • Lee, Jong-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.1
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    • pp.135-167
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    • 2006
  • Air service agreements between EU Member States and third countries concluded by Sweden, Finland, Belgium, Luxembourg, Austria, the Netherlands, Denmark and the United Kingdom after the Second World War infringe EU law. They authorize the third countries to withdraw, suspend or limit the traffic rights of air carriers designated by the signatory States. According to the Court of Justice of the European Communities (CJEC), these agreements infringe EU law in two respects. On the one hand, the presence of nationality clauses infringes the right of European airlines to non-discriminatory market access to routes between all Member States and third countries. On the other hand, only the EU has the authority to sign up to this type of commitment where agreements affect the exercise of EU competence, i.e. involve an area covered by EU legislation. The Court held that since the third countries have the right to refuse a carrier, these agreements therefore constitute an obstacle to the freedom of establishment and freedom to provide services, as the opening of European skies to third countries' companies is not reciprocal for all EU airlines. In the conclusion, in order to reconstruct these public international air law, The new negotiations between EU member states and third countries, especially the US, must be designed to ensure an adequate set of principles, so that Member States, in their bilateral relations with third countries in the area of air service, should consider following three models. The 1st, to develop a new model of public international air law such as a new Bermuda III. The 2nd, to reconstruct new freedoms of the air, for example, the 7th, 8th, and 9th freedoms. The 3rd, to explore new approaching models, such as complex system theory explored in the recent social sciences, to make access world-wide global problems instead of bilateral problems between EU member states and United States. The example will show any lessons to air talks between European Union and ROK.

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The Study on the Education and Training for the Personnel in the Military Acquisition Field in US (미국 국방획득인력의 교육·훈련체계 및 관련동향)

  • Kim, Myunghyun;Lee, Youngwoo;Kim, Kyoungrok
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.3
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    • pp.223-229
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    • 2020
  • The current technological advances are changing the way people live. In the history of war in the past, nations or people with an edge in military science and technology have always been the victor. The emergence of new technologies not only alters war patterns drastically but also affects military operational concepts and organizational systems. As the paradigm of the security environment changes, developed countries are investing heavily in defense R & D for their security. Therefore, the importance of professionalism of the defense acquisition personnel who perform their tasks from the exploration and development of weapon systems to mass production, deployment, and logistics support cannot be overemphasized. In the United States, an advanced country in this field, to improve the work efficiency of acquisition personnel in the defense field, the Directive of Ministry of Defense issued a law on education and training career development for personnel in 1990. The present study refers to related materials, such as the Desk Guide for the main education requirements for the US acquisition personnel in the military field, which contributes to the improvement of the workforce of the acquired manpower after the systematic education system.

What was the main factor in successful control of ascariasis in Korea?

  • Seung-Yull Cho;Sung-Tae Hong
    • Parasites, Hosts and Diseases
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    • v.61 no.2
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    • pp.103-126
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    • 2023
  • In the l950s, under the legacy of traditional agriculture, Ascaris lumbricoides, spread epidemically in the war-bitten society of Korea. Consensus on the parasite control was drafted in the Parasite Disease Prevention Act, which passed a parliamentary agreement in 1966, and established safe disposal of feces and mass chemotherapy as control strategies. Biannual stool examinations and treating infected schoolchildren were basic scheme of the control activity through which revenue could be secured for organized business. In the 27 years following 1969, a maximum of 16 million stool examinations had been done every year. Cellophane thick smear enabled the task. The infection declined remarkably in the 1970s when industrialization and green revolution proceeded. A population study of A. lumbricoides in the late 1970s helped us better understand its epidemiology. The data also settled down the understandable protest of teachers against the repeated stool examinations. In the 9 years following 1987, the target population was gradually reduced when the egg positive rate was below 0.1%. An article in the Korean Law, stipulating obligatory stool examinations, was made optional. Although the long-term Korean effort of Ascaris control was a success, the effect of mass chemotherapy was not as succinct in terms of lowering reinfection. In the period of control, Korean agricultural technology changed, and the economy grew and supplied sanitary facilities by which the vicious cycle was disconnected. Reduction of morbidity was a benefit of mass chemotherapy, which is the only control method feasible in economically difficult countries. The most important hurdle of parasite control in the 1960s was poverty of general population and limited financial resources in Korea but the society formed a consensus on the priority of intestinal helminthiasis control during the ordeal period. The national consensus in the 1960s was the critical milestone for Ascaris control in Korea. Under the social agreement, application of timely technical and research advancements in parasitology achieved the success of ascariasis elimination. The successful experience of ascariasis elimination in Korea can be a benchmark for countries where neglected tropical diseases are endemically recycled.

Specialization and Present Status of Doctor of Osteopathy in the U.S.A (미국의 D.O.의 전문화과정과 현황)

  • Taeyoung, Kim;Byungmook, Lim
    • Journal of Society of Preventive Korean Medicine
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    • v.26 no.3
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    • pp.1-16
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    • 2022
  • Backgrounds : Doctor of Osteopathy (D.O.) in the United States have drawn attention as one of the future models of Korean Medicine doctors in Korea in that they have their own fields of care and therapies that distinguish them from medical doctor (M.D.), but are also able to carry out the treatment of general doctors. By analyzing D.O.'s specialization strategy, this study intends to preview points for establishing the future role of Korean Medicine doctors. Methods : We searched books, research papers, reports, conference presentations, and media articles, and chronologically classified and organized the collected data. In addition, the latest update information on related institutions' web pages and expert opinions released were also reviewed. Results : The D.O. emerged as a form of doctor in alternative medicine, however it rapidly turned to an M.D. substitute during the pandemic of the 1910s and World War II in the 1940s. Through the American Osteopathic Association (AOA)'s organizational activity, curriculum specialization, research development, and financial support, D.O. now has secured the status of M.D. in 50 states and federal law in the US. It has its own and exclusive full practice rights, capable of prescribing drugs and practicing surgery, as well as manual therapy. Beginning in July 2020, M.D.-D.O. achieved the full integration-unification of the professional training and residency program. Conclusions : In order to introduce the D.O. model to Korean Medicine system, it is necessary to strengthen biomedicine in the curriculum, and significantly expand the educational infrastructure and faculty manpower.

Population Change and Future Direction of Population Policy in Korea (한국의 인구현황과 정책방향)

  • 이시백
    • Korea journal of population studies
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    • v.5 no.1
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    • pp.4-16
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    • 1982
  • The Korean Population Control Program has been implementing under the jurisdiction of the Ministry of Health and Social Affairs through an existing network of health centers. This arrangement was successful in bringing population growth down to targeted level by the end of the Fourth Five Year Economic Planning, 1981. It is expected, however, that future goal will be harder to reach due to difficulty of reducing traditional family size norms further and to the projected increasing the number of eligible couples as the past Korean war baby boom generation enters the reproductive activity in the next few years. The recognition of the need for modification of population policy is increasing. The 1980 census shows that the total number of population reached approximately 38.5 million with 1.57 per cent of the growth rate. It was projected that the size of Korean Population will reach around 42 million and 51 million in 1986 and 2000 respectively. Furthermore, there is some argument as to whether decline in the birth rate in Korea is too slow to meet government target. Hence, a new development of population policy and greatly increased amount of effort will be needed in order to achieve Zero Population Growth Rate before the year 2050. The development of future national population policy and its related area are recommended as follow: 1. It is highly recommended that the population planning law governing both vital events of birth and death and population migration should be legislated. 2. The National Population Policy Council, Chaired by Deputy Prime Minister should be activated to implement and coordinate population program within ministries. 3. Responsible organization of population and family planning program should be established as a Bureau unit at central government level. 4. For the improvement of national vital registration, an existing system should be studied and developed.

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A Study on Legal Protection and Welfare Facilities of Women Worker (근로여성의 법적보호와 복지시설에 대하여)

  • 서병숙
    • Journal of the Korean Home Economics Association
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    • v.11 no.1
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    • pp.75-91
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    • 1973
  • It is a general trend in the world that female workers are drastically increasing due to the facts that highly developed capitalism requires women's job, women are inspired to work, housewives can shorten their working hours for house-keeping and save their energy from their routine works, educational expenses of their children become larger, large among of modities has stimulated purchasing desire. Since the International Treaty on Prohibition of Female's Night Labor was agreed at the Bern's Conference in 1906, the International Labor Organization (I.L.O.) established after the World War II, has adopted innumerable international labor treaties. According to the laws of the advanced countries, the first priority of their protection has been placed on juvenile and female workers. The legal protection of female workers and equal treatments such as wage and promotion between men and women have become important world problems. In this thesis, the great principle of the Labor Standard Law, protection regarding working house, risk and harm in performance of jobs, protection of mother-workers, protection of women workers in advanced countries and the present status of welfare facilities for women workers in our country will be studied. The most important points this thesis has placed stress and appealed, are as follows : 1. The scope and variety of women workers' jobs should be broadened. 2. Opportunity for promotion should be guaranteed for women workers based upon the ability and capacity of individual woman worker. 3. Equal wage principle between men and women workers, should be established based upon the idea that men and women should be equal. 4. The age limit or marriage limit of employment applied only to female workers, should be abrogated. 5. The ability of middle and old aged women workers should be developed and utilized to the maximum extent. 6. Welfare facilities for women workers, should be urgently secured and guaranteed.

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The Liability on the Damage of Soil Pollution (토양오염의 피해에 대한 책임)

  • Cho, Eun-Rae
    • Journal of Soil and Groundwater Environment
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    • v.10 no.6
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    • pp.1-9
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    • 2005
  • Soil is polluted by an agricultural chemicals, the effluence of a crystal and sewage sludge, illegal discharging of waste water or waste matter and so on. Soil pollution that accompanies a groundwater and the crops contamination has a large effect on people's living. By polluters pay principle, when a soil was polluted, polluters take the responsibility of clean-up and compensation for damages. The character of the responsibility is a strict liability. When joint polluters exist in a soil pollution, they bear collective responsibility. But they are exempted from obligation in case of a natural calamity and war. The polluters who are poor contribution of pollution take a partition responsibility but it is not easy to prove that. The concerned parties of purification liability in a soil pollution are polluter, an owner or occupant of a contaminated site, and a grantee. But when we do not appoint the polluter or he cannot do a cleanup, municipal must put in effect the purification. In such a case, another parties who are related to the contamination should take upon themselves a liability. The province of responsible parties, therefore, is required to extend to an owner or operator of a facility, a carrier and lender.

A Study on the countermeasures and drones's threats in Military security (군보안상 드론위협과 대응방안)

  • Kim, Doo-hwan;Lee, Youn-hwan
    • Journal of Digital Convergence
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    • v.16 no.10
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    • pp.223-233
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    • 2018
  • The forces to protect people's life and property against the enemy attack is an organization which is regulated by the constitutional law. In terms of nature, its security is a significant factor to determine success or failure for the war. However, recently the 4th industrial revolution represents the rapid change in the advancement of civilization and technology. It can influence on the environment of military security which can make various changes. Unless taking proper action againsty these changes, it can inflict a vital harm for the organization of forces and its internal security. In this aspect, this study discuss new threats of the military security, above all, the most technical improvements and harms for the drones in terms of security. In addition, the advantages and disadvantages of drones which can influence on the ragions of military command and control, information operations, maneuvers, firepower, operation sustainment supports are analyzed. Moreover, this study set the purpose of developmental security measure for security threats in the aspects of military security.

Impacts of Golden Stock on Corporations (황금주가 회사에 미치는 영향)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.9 no.12
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    • pp.253-260
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    • 2009
  • Gold stock could include the U.K. in the European economy by the alternative plan of the problems that it was occurred while nationalizing industry and a company for economic recovery and national profit after the World War Ⅱ and it was wide and came to open in the country of European most. However, the negation was sentenced to it for the reason of the gold stock which the U.K. adopted in European many countries infringing "freedom of the capital movement" at a European court of law. However, I consider gold stock positively to protect it from hostile M&A of the company of the national strategy from the Middle East and an Asian national rich fund recently in France and Germany. If our country looks straight at reality, Urstatut or the agreement of the majority stockholder have a very strict matter assuming the protection of the existing shareholder and must be able to gain the favor if you look by the flow of such world economy.