• The Korean Journal of Air & Space Law and Policy
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• v.2
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• pp.31-67
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• 1990

One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

• Journal of Korea Technology Innovation Society
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• v.11 no.1
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• pp.1-22
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• 2008

The Korean government has tried to increase the total national R&D investment and, to streamline acts and regulations concerning national R&D activities. Korea's total R&D expenditure in the field of S&T for the year 2006 amounted to about 27.3 trillion won including government R&D of 8.9trillion won. The Korean government enacted several pieces of legislation concerning S&T: the "Technology Transfer Promotion Act (1999)" ; the "Framework Act on Science and Technology (2000)", and the "Presidential Regulation for Managing the Government R&D Programs (2001)." With these efforts the capacity of Korea S&T has made great strides recently. But for years Korea has run a severe deficit of technology trade. The Korea's balance ratio of technology trade is 0.36 (export/import). It means that Korean industry excessively depends on foreign resource in introducing new technologies. The Korean government has put a lot of effort into promoting the commercialization of technologies developed in universities. The public technology transfer policy of the government has improved the infrastructure of technology transfer and commercialization. However, the government has realized that these policies have not been as effective as they were anticipated. In spite of these various efforts, the technologies obtained from the government R&D Programs have not been transferred to the Korean industry properly. Only 13.6% of technologies developed in universities for the year 2005 were transferred to industry. The academic royalty revenues for the year was 0.15% of their total R&D expenditure It shows only a twentieth of the percentage of royalty revenues for the American universities. The reasons of poor commercialization of academic technologies are intermingled with imperfection of technology transfer system, lack of licensing experience, immaturity of socio-economic circumstance and inadequacy of legal system and government policy. In this study we analyzed the problems of legal system and policy in licensing of government R&D outputs and suggested proper alternatives.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.25 no.4
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• pp.482-492
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• 2015

Objectives: Exposure Assessment for workplace hazards where the exposure level is below occupational exposure limits(OELs) has been performed without considering either the degrees of risk or exposure levels and has failed to lead to intervention in many cases. The objective of this study was to suggest and test an application framework for risk assessment methodology under the current exposure assessment system in Korea. Materials: First, we investigated the exposure assessment systems in Korea and other countries. To adopt some risk assessment techniques, we also analyzed risk assessment systems and compared them to exposure assessment systems. A few suggestions were made. We held a public hearing during an industrial hygiene conference and took surveys using a questionnaire. Results: The first suggestion was to implement the risk assessment and exposure assessment through a "one-stop" system. In that case, one expected question would be who has been doing the jobs so far. In most cases, industrial hygiene consulting services or laboratories have been performing exposure assessment for business owners. Business owners are required to perform risk assessment. As two different groups of people will be required to implement two things in a one-stop system, they need to share information. As an information vehicle to share information, commonly filed survey checklists were suggested. The second suggestion was to categorize exposure level into four groups instead of the current binary divisions based on OELs. In the risk assessment system, exposure level is divided into four groups utilizing the cut-points of 10%, 50%, and 100% of OELs. The same schema can be adopted in the exposure assessment system and different levels of requirements can be assigned for each group. The third suggestion was regarding the regulation system. To provide the suggestions some thrust toward being implemented in the field, changes should be made in the legal system. Two different types of new exposure assessment result reporting forms were suggested. Some investigations such as an ergonomic survey are officially accepted as risk assessment under the current legal system. A few items were suggested to be included in the exposure assessment result reporting to be accepted as risk assessment. A pilot study in two small factories was performed and pointed out the strengths and weakness of our suggestions. Conclusions: Discussions and studies on the improvement of the exposure assessment system have been held for decades and no tangible changes have yet been made. We hope this result can help realize healthy lives for workers in Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.29-60
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• 2010

The incentive and reasons to publish FIDIC Conditions of Contract for Design, Build and Operate Projects(DBO Form) are manifold. It is partly a response to the increasing need for sophisticated project delivery methods in both the public and private sectors and the already widespread use of the FIDIC Yellow Book with operation and maintenance obligations and partly a response to the challenge to decrease maintenance cost to a minimum by means of a new procurement route. As a result, FIDIC has developed a new model form to meet this market place requirement. On the other hand, FIDIC did not simply adapt the Yellow Book but has developed a new form from it, whilst preserving the style of the already known FIDIC Forms and maintaining the wording where it was not necessary to change it for the purposes of a DBO Form. Moreover DBO Form fills up supposed gaps in other FIDIC Forms and ameliorates the claim management and dispute management framework. FIDIC DBO approach may be shortly summarized as follows. First, DBO Form provides for single project responsibility. Second, DBO Form has the clear objective of ensuring the use of a most reliable and efficient technology at the lowest life-cycle cost. Third, DBO Form is intended to operate as an effective quality increase in the design and construction of projects. Fourth, DBO Form is intended to provide significant benefits with regard to system integration and reduction of risks. Fifth, DBO Form accelerates and enhances completion schedule compliance. Sixth, DBO takes care of all three supporting pillars of sustainability(including economical, environmental and social elements). DBO Form is obviously a good starting point for negotiations and the preparation of calls for tenders, thus saving the parties time and money. However, existing cultural and legal differences, particular local conditions and the particular needs of some branches of the industry may require the form to be adapted according to the particular needs of a project. And Civil law practitioners are strongly recommended to verify carefully the underlying legal concepts and background of each clause of the General Conditions in order to avoid unnecessary and sometimes unnatural changes and amendments being made. Note that when preparing the Particular Conditions ensure that terminology is consistent and that existing inherent concepts should not be ignored.

• Korean Security Journal
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• no.49
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• pp.187-214
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• 2016

In the mordern society, the reliance on the cyber domain and the cyber connectivity has been increasingly strengthened. Due to this phenomenon, the cyberterror against critical infrastructures and state organs might lead to fatal consequences. Lately, North Korea's cyberattacks against South Korea's national organizations and financial computer networks are becoming more and more intelligent and sophisticated. The cyberattacks against such critical infrastructures have caused enormous economic loss and social disorder. This paper is designed to examine comparatively the cyberterror related laws and organizations of the advanced countries such as U.S. and U.K. and to draw implications. Although those countries are under different institutional and cultural backgrounds with varying security envrionments, they are identically pursuing measures by establishing government-wide counterterror system for coordination and cooperation. They are also commonly focusing upon creating new organizations equipped with new system and upon enhancing intelligence performance and devising punishment regulations. Korea is lack of framework laws regulating cyber security, having only scattered individual laws. Since such legal base is far from efficient counterterror activities, it is necessary that the legal and policy response of the advanced countries should be closely studied for selective introduction. That will eventually lead to legislation of cyber security law. With such legislation on hand, it is subsequently required to strengthen crisis management for prevention of cyberterror and to create joint response team, cooperating with private organizations.

• Journal of the Korean Association of Geographic Information Studies
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• v.19 no.1
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• pp.53-63
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• 2016

In this paper, we proposed the improvements for performance test and surveying equipment regulations, standards, methods and procedures, depending on the need of improving the legal system for surveying equipment in a diverse and sophisticated surveying industry. This research was performed first investigating the existing legal systems(Act on the establishment and management of spatial data, Framework act on national standards, ISO 17123, JIS B 7912) with respect to the surveying equipment performance testing and the research for IOS and KOLAS suggested the improvements on the application for the surveying equipment performance testing standard. More exactly, first, two years were presented for the surveying equipment performance testing cycle considering the precise accuracy of the instrument stability, purpose and frequency of use, etc. Second, the abolition of the measurement distance by grade and the upward or cross-grade adjustment of the single prism standards about the light wave rangefinder and total station were suggested for the improvement on survey equipment performance criteria. Third, since the main function of total station is focused on a three-dimensional coordinate measurement due to the improvement of surveying equipment performance testing, it was proposed to use the precision(repeatability) of the coordinate measuring method as an evaluation method.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.385-444
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• 2003

Current Military Airbase Law, in an effort to promote safety of military aircraft and security of military airbase, requires an administrative agency or its empowered branch to consult with the Secretary of Defense or the commander of the airbase before they issue a certain administrative approval or decision related to the installation. Although this consultation process purports itself in simplifying what can be an protracted administrative procedure, and in unifying objectives of the military and the administrative services, such procedural requirement is vulnerable inevitability of various legal problems whenever there is a conflict of interests among civil, military, government services. Nor is there sufficient studies done by academian in the area of bureaucratic issues of administrative resolution, and certainly not in the area of the military consultation procedure. This article, with such reality in mind attempts to constructively examine 1) when a consultation application is submitted, whether the discretionary power of the commander of the affected airbase is acknowledged at the outset; 2) if the content of the consultation is deemed unlawful, whether a civilian can institute an administrative lawsuit against it; 3) problems about the subject matters of the consultation requirement within the framework of military airbase law; 4) whether the issuing administrative agency must abide by and issue approval or decision in accordance with the opinion proposed by the said commander; 5) the legal problems of the remedial measure such as an order of removal, appellate review, notion to challenge authority, and etc. in cases such as administrative agency ignoring the commanders proposal or issuing final approval or decision that is inconsistent with what was consulted and agreed upon between both parties.

• Journal of Environmental Science International
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• v.27 no.5
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• pp.281-289
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• 2018

The Korean environmental impact assessment(EIA) system, and explored ways to improve it as a more efficient and viable institution relevant to the demand of our time and conditions in study. The first problem this study identified is found in the fact that the party to write up the assessment report is itself the business operator or the one who is planning to work out the business plan. This structure translates into placing an order with an agent for EIA report. The reporting job may br subcontracted to the agent at a cost far below the rate specified in the 'Standard for Estimate of Agency Fee for Environmental Impact Assessment.' This practice also causes the vicious circle of producing a report that is written to justify the project or business in question or it leads to rough-and ready and poor documentation to minimize the time required. Second, in order to achieve the goal of the plan or business, which is the target of EIA, the local residents tend to ve regarded as an obstacle. This means elimination of the local people from participating in the EIA or their opinion being frequently ignored. This is the seed of distrust and hostility that sometimes provoke disagreements or fierce conflicts. The first proposal to improve these problem is to improve the factors that cause poor documentation of the assessment report as well as improve the understanding of the EIA system. This study proposes the following measures for improvement. The agency cost for EIA should be paid by the business operator or a third party that can ensure faithful implementation of the payment. A system should be established to verify transparent estimation of the agency cost. In order to enhance the professional quality of EIA agents, there should be implementation of qualification test for industrial engineer of related engineers in addition to the current EIA Qualification Test. The second proposal for improvement is to improve the citizen participation process by instituting a legal framework to make clear the purpose of the briefing session for local residents, which is held as a procedure of EIA, and to ensure more positive publicity during the stage of listening to the opinion of the local community. For a smooth and rational communication process, a moderator and a communicator of opinion, as is the case in a public hearing, could be instituted to clearly get the purpose of the briefing session across to the residents and to help to carry out the explanation and Q & A sessions according to the categories of the opinion of the residents. At present, the notification of the public inspection of the draft of the assessment report and briefing session for the residents is made on the newspaper and internet network. But some people have difficulty with access to this method of announcement. A higher participation rate could be secured if a legal provision is added to specify putting up placards in specific places such as the entrance to the place for the briefing session for residents or the building of administrative agencies of the area concerned.

• Journal of Korea Port Economic Association
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• v.36 no.1
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• pp.1-22
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• 2020

The global container terminal market is predicted to see continued future volume growth. According to Drewry, global container shipments rose by 6.3% year-on-year to 750 billion twenty-foot equivalent units (TEUs) in 2017 and are forecast to experience continued growth to 9.3 billion TEUs in 2022. According to IHS Markit, the global terminal operator (GTO) market is forecast to grow more than 10% annually, up from $2.4 billion in 2017, to exceed $3 billion by 2022. However, Hyundai Merchant Marine is the only real GTO in Korea. In particular, the shipping and port markets are facing drastic changes, both at home and abroad, including a slowdown in the growth of domestic export and import shipments, environmental changes in the container market caused by the trade frictions between the US and China, and increased changes in container shipments caused by the trade frictions between Korea and Japan. In this study, we propose ways for domestic companies to participate in the continuously growing GTO market. After analyzing the current status of the global GTO market, the government expressed a desire to explore ways to establish GTOs through the Port Authority and the Korea Ocean Business Corporation. Therefore, four types of establishment plans were proposed, along with a legal framework for the establishment of GTOs.

• Korean Journal of Environment and Ecology
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• v.27 no.6
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• pp.777-793
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• 2013

The purpose of this study is to provide the basic reference for appropriate ecological park planning through investigation and analysis of inviting environment of Suncheon Bay Ecological Park within the framework of 'universal design'. For this, investigating items were selected through literature reviews and legal standard of ecological park suggested by laws. Field survey on Suncheon Bay Ecological Park was conducted, The results suggesting analytical and practical implications are as follows. First, guided handles of any facilities were not equipped, so urgent supplementation is needed with legal standard of universal design. Especially, detailed criterion of universal design focusing on visitors' convenience should be reflected. Second, all facilities for the blind were not equipped and the floor height of entrance was also unsuitable. It implies that the disabled and the senior are restrained from doing independent activity, therefore, appropriate standard focusing on 'universal design' for the wide open activity space such as the park area should be re-provided. Finally, guidelines for applicable universal design of the activity space for the experience on the ecological park should be re-established.