• Title/Summary/Keyword: legal regulations

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A Study on the Liability of Air Carrier for Damages of the Third Parties (지상제삼자(地上第三者)의 손해(損害)에 대한 공중운송인(空中運送人)의 책임(責任)에 관한 고찰(考察))

  • Park, Heon-Mok
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.163-191
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    • 1989
  • The accident of the midair collision, passengers' falling or goods' dropping occurs or supersonic aircraft make a sonic boom during their conveying passengers or goods to the destination. The accident in transmit damages the their parties on the surface or their properties. In these cases, the third parties who were harmed to their lives or properties have the right to claim damages against the air carrier who caused them. These matters have become one of the important things since aircraft conveyed passengers and goods. Therefore, it is a great concern to settle these matters by law. But the Safety of the present aircraft has been much increased and the aircraft have become larger in size. Its flight altitude became higher than before. So the relationship of the aircraft to the third parties is much different from that of the earlier aircraft. The air transport is now indispensable to our life. It is not so easy to control these matters. In the early part of 20th century, when the third parties suffered the damage, many European countries made laws on the basis of the principle of liability without fault. But each country had a variety of its own law, and different kinds of difficulties have been brought about. Accordingly, the Rome Convention on Surface Damage (1933, 1952, 1978) has been made and revised. In spite of being revised, it contains many problems, and is not carried into effect world-wide. On the other hand, there are no regulations about the compensation of the third parties damaged in Korean existing laws. In case the damage is brought about to them, it is obviously true that the settlement of the liability of compensation for damage should be made by the general principle on the tort in domestic laws. At this point, it is urgent that we make a special law though the domestic legislation as a preliminary measure before we sign the international convention to save third damaged. It is desirable that we should, for the responsibility of the air carriage for the demage of the third parties on the surface, bring in the theory of the absolute liability in view of the legislation of many conutries. As the aircraft fly in the sky, their flight always contains some danger. It is very difficult to prove the fault, and the operator should suffer the principle of liability without fault or the similiar one. In case the liability without fault will be imposed upon the operator for the damage of the third parties, it is necessary to bring in the liability protection system for the protection and up upbringing of the air carriage. The Burden of danger of the air carriage will be reduced by introducing the system. A domestic legislation measure should be necessarily taken as soon as possible as a legal security measure on these matters.

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A Study on the Legal Issues of Proposed Korean Airport Facility Act (공항시설법 제정(안)의 내용과 쟁점)

  • Kim, Tae-Han
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.101-124
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    • 2011
  • Since 1961, Aviation Act has regulated all aspects related to air transport business, aviation safety and airport. However, we are to face the new challenges that have to support air transport business more efficiently and air transportation services to the people effectively in condition of the globally competitive air transport industry. In this sense, the government proposed to devide "Aviation Act" into 'Air Transport Business Act', 'Aviation Safety Act', 'Airport Facility Act' in a timely manner. At first I am to take a look about the laws of traffic-related legislation and national laws of Japanese aviation system, and to evaluate implications. In addition, the background, the organization and the main information of the Act (Draft) will be introduced. And I would like to discuss the issues raised and suggest an alternative. In particular, the name of the Act (Draft), the specifying of airport manager operater, accounting method of airport development projects belong to the nation, the delegation of the authority and other issues are discussed to provide a starting point. In conclusion, the division of current "Aviation Act" is considered absolutely necessary. To stimulate fair competition, safety regulations and efficiency, the legislation process would be desirable in the direction of the total development of the aviation industry as well as ensuring aviation safety.

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A Comparative Study on the Compliance Program(CP) of Strategic Export Control System between Korea and Japan (전략물자 수출통제 자율준수제도(CP)에 관한 한.일 비교 연구)

  • Shim, Sang-Ryul;Shao, Dan;Joo, E-Wha
    • International Commerce and Information Review
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    • v.13 no.4
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    • pp.297-321
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    • 2011
  • Under the UN Security Council Resolution 1540/1810 in 2004 to restrict the proliferation of WMD (weapons of mass destruction) and their means of delivery, many countries have taken great efforts to, control the export of strategic items, thereby preventing the transfer of ABCM (atomic, biological, chemical weapons, missiles) and technologies and goods related to conventional weapons or dual-use items, Compliance Program (CP) in Korea or Internal Compliance Program(ICP) in Japan refers to a company's internal system or rules to comply with the export control laws and regulations, and is to prevent the unintentional illegal export of strategic items. This paper analyzes the Compliance Program (CP) of strategic export control system between Korea and Japan. Both countries have very similar legal frameworks under the guiding principles of multilateral export control regimes. However, there are some differences in actual procedures, classification service, supporting system, export license, sanctions for illegal exporters, etc. Korea should take more active and customer-oriented measures to promote the Compliance Program (CP) into Korean export companies for better awareness and positive attitude, practical information and education, smoothy government-firm communication, closer cooperation between Korea and Japan, etc.

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Enactment of the Fundamental Act on Cooperatives and Its Implications for Rural Development Policy (협동조합기본법 제정 및 시행의 시사점과 농촌 정책의 과제)

  • Kim, Jeong Seop;Ma, Sang Jin;Kim, Mee Bok
    • Journal of Agricultural Extension & Community Development
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    • v.20 no.1
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    • pp.1-39
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    • 2013
  • The Cooperatives Act was enacted. This enabled people to establish easily cooperatives at various fields. A cooperative is an important vehicle for rural community development. Therefore, the enactment of the Cooperatives Act can be a significant chance for rural policy. The Cooperatives Act have made three significant changes. First, cooperatives can start businesses at all the fields except for financial and insurance business. Second, requisites for people to establish cooperatives have been alleviated exceptionaly. Third, the Cooperatives Act introduced a new cooperative organization, social cooperative which aims to serve the socially excluded class. The self-help approach places rural community members at the core of a development process with two goals: to improve the quality of life within the community and to facilitate the community's capacity building. Community cooperatives contribute to accomplish those goals. One of the roles for cooperatives is to provide products and services at competitive prices. Providing a good or service at a competitive price bcomes increasingly important in some rural communities declines. Cooperative development processes have bic impacts on the ablility of community members to increase human asset and social capital. We conducted a survey targeting rural community businesses to grasp inclinations toward establishing cooperatives. The Cooperatives Act has gained low level of recognition. But so many community businesses wanted to establish cooperatives. This means there is a possibility for many community businesses to establish cooperatives without sufficient understanding. We suggested some policy issues for coping with this situation, as followings. First, the governments should provides rural community residents with opportunities to learn about cooperatives. Second, the current legal systems and regulations about business and social service should be reviewed to do away with the possible discrimination between the new cooperatives and the other forms of incoporation. Third, the cooperation of cooperatives should be encouraged and facilitated in rural communities.

The Legal and the Official Management System Status of the Agricultural Disease, Injury, and Accidents of Korean (한국 농업인 업무상 재해에 대한 법적 행정적 지원체계 고찰)

  • Lee, Kyung-Suk;Choi, Jeong-Wha;Kim, Hyo-Cher;Kang, Tae-Sun
    • Journal of agricultural medicine and community health
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    • v.31 no.3
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    • pp.219-236
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    • 2006
  • Objectives: To develop a model of a official management system for agricultural disease, injury and accidents, We analyzed current Korean status and management system about occupational injury and accident of farmers. Methods: For national management systems of industry safety and health and current status of occupational injuries and accidents of farmers, related literature such as books, theses, articles, and web documents were collected and analyzed. Results and Conclusion: The regulations of protecting occupational injury and accidents of farmers are suggested as follows: (1)insurance and compensation act for occupational injury and accident of farmers, (2)setting standards of occupational injuries and accidents of farmers, (3)mandating the usage of safety devices for agricultural vehicles and equipments, (4)reporting occupational injuries and accidents that occur among farmers, (5)registering pesticides and assessing safety usage, (6)implementing safety training, (7)supporting personal protective equipments and agricultural safe facilities etc.

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A Study on the Mediation and Arbitration of Lease Dispute (임대차 분쟁의 조정과 중재에 관한 연구)

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.25 no.4
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    • pp.119-136
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    • 2015
  • The contracting parties must be provided a litigation scheme in order to resolve a dispute. This means taking advantage of effective measures for mediation or arbitration. A lease transaction is likely to occur mainly after a dispute. It is necessary to take the appropriate measures in advance. In general, when a variety of contracts are created, conflicts arise and disputes have to be resolved through mediation and arbitration documents, and adjustment or intervention is called for. Arbitration system is a system that is established based on the trust of the arbitral tribunal. For such system, quality education for enhancing professionalism required of the arbitrator is important. A party responding to an arbitration agreement presents a problem. The current system must ensure that there are no disadvantaged parties. However, a party must depend on an arbitration agreement that is part of the law rescue system. A litigation support by the local Bar Association must be carried out. It should be notified of the contents of the contract to select a strategy that will best resolve the conflict. In the case of lease transactions, there is a need to create a scheme to make a standard agreement that inserts an arbitration clause. Lease sale and purchase agreement or lease agreement is a form of contract that has been frequently used. Here, the arbitration agreement clause for a lawyer that will serve as arbitrator should be inserted. It is a scheme that can be activated for individuals in poor areas. In addition, it is possible to see it taking a scheme to take advantage of the lawyer system for the future of the town. The Attorney System of a town is a system that the Korean Bar Association, Legal Department has put in place since 2013. If a real estate trade dispute occurs, the role of the intermediary attorney should be to carry out his duties efficiently. In the case of real estate transaction conflicts, the lawyer of the village should be registered as the arbitrator. It is important to establish a basis of regulations through this type of real estate transaction accident analysis. Before proceeding with various adjustment systems, it is desirable to expand the arbitration region. Now we need a realtor amendment. It is the part where fragmentation of intermediary qualification is required, along with the eligibility of a subdivision.

Experimental Study on the Self-extinguishing Performance of Extruded Polystyrene Insulation for Buildings and Suggestions on Institutional Management (건축용 압출법 단열판(XPS)의 자기소화성에 대한 실험적 연구 및 제도적 관리에 관한 제언)

  • Kang, Jung Ki;Choi, Don Mook
    • Fire Science and Engineering
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    • v.34 no.3
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    • pp.141-149
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    • 2020
  • The Korea Industrial Standards (KS) stipulates methods and test procedures for measuring the horizontal combustibility of cellular plastics exposed to small flames (KS M ISO 9772:2018) and recommendations regarding the magnetic digestion of extruded polystyrene insulation (XPS) for measurement results (KS M 3808:2020). Although products that are certified to conform to KS standards must have burning characteristics (self-extinguishing), they are incinerated and spread by welds at construction sites, causing significant human and property damages. In this study, XPS produced by five companies, certified by KS, and sold in the market were purchased and tested for ignition and diffusion caused by a weld bullion at a construction site. The results showed that the five products had differences in performance. Three out of the five products were found to be self-saturated, but the other two were easily ignited and diffused, making it difficult for them to be self-extinguishing. Based on the result of this experimental investigation in line with the KS regulations, all the three types of products, including two types of products that were incinerated through weld defects, were found to be non-self-extinguishing, as specified in KS M 3808.

Accuracy Analysis of Cadastral Control Point and Parcel Boundary Point by Flight Altitude Using UAV (UAV를 활용한 비행고도별 지적기준점 및 필지경계점 정확도 분석)

  • Kim, Jung Hoon;Kim, Jun Hyun
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.36 no.4
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    • pp.223-233
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    • 2018
  • In this study was classified the cadastral control points and parcel boundary points into 40m, 100m by flight altitude of UAV (Unmanned Aerial Vehicle) which compared the coordinates extracted from the orthophoto with the parcel boundary point coordinates by GNSS (Global Navigation Satellite System) ground survey. As a results of this study, first, in the spatial resolution analysis that the average error of the orthoimage by flight altitude were 0.024m at 40m, and 0.034m at 100m which were higher 40m than 100m for spatial resolution of orthophotos and position accuracy. Second, in order to analyze the accuracy of image recognition by airmark of flight altitude that was divided into three cases of nothing, green, and red of RMSE (Root Mean Square Error) were X=0.039m, Y=0.019m and Z=0.055m, the highest accuracy. Third, the result of the comparison between orthophotos and field survey results that showed the total RMSE error of the cadastral control points were X=0.029m, Y=0.028m, H=0.051m, and the parcel boundary points were X=0.041m, Y=0.030m. In conclusion, based on the results of this study, it is expected that if the average error of flight altitude is limited to less than 0.05m in the legal regulations related to orthophotos for cadastral surveying, it will be an economical and efficient method for cadastral survey as well as spatial information acquisition.

Analysis on the actual condition of consciousness for related regulations with revised Water Leisure Safety Regulation (수상레저안전법의 개정에 따른 관련규제에 관한 의식실태분석)

  • Kim Jun-Hoon;Gug Seung-Gi
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2005.10a
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    • pp.189-194
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    • 2005
  • The interest of people is rising on water leisure and the population of water sports is increasing with expanded nationwide roads and 5-day work system for income elevation. However, there are many discussions about the way to prevent the accident related to water leisure activities. Water Leisure Safety Regulation was enacted in 1999 as a part of the way and revised in 2005. Therefore it needs to grasp the present state of water leisure activities and analyze the actual condition of consciousness. For the analysis. the question survey was conducted on water leisurers in the focus with regulation of the revised so that the degree of relevance and correlation between mutual variables were analyzed by Frequency and Crosstabs. From this study we found that more than $60\%$ of water leisurers thought registration, safety instruction, insurance, and safety inspection necessary and there was a characteristic common inclination to all for necessity to impose legal controls on water leisure activities as the level of dissatisfaction for water leisure apparatus and cognition for necessity of insurance was high.

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A Study on the Current Situation and Improved Method for the Smombie through Field Survey and ICT Trend Analysis (현장 조사와 ICT 동향 분석을 통한 스몸비 현황과 개선 방안 연구)

  • Lee, Dong Hoon;Oh, Hye Soo;Jang, Jae Min;Jeong, Jong Woon;Yang, Sang Oon
    • Journal of the Korean Society of Safety
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    • v.35 no.5
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    • pp.74-85
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    • 2020
  • Smart phone zombie or Smombie means pedestrians who walk without attention to their surroundings because they are focused upon their smart phone. Because the traffic accidents and injuries caused by Smombie have been increased rapidly in recent years, the social attention and policies are needed to prevent it. This study was conducted to analyze Smombie's current status and some solutions used before and to propose new improved method through the latest ICT trend. In this study, we did the field survey to check Smombies at several places in Seoul through people counting, and found that a lot of pedestrians still use the smart phone while walking. And we analyzed many case studies about some solutions to prevent Smombies previously. The case studies include legal regulations, government policies, smart phone app services and facilities that are used before. We studied them through internet searches and reference studies and we also checked the current operating situation as visiting several places that the solutions actually has been operated. Therefore, we found there are some limitations in previous solutions in terms of effectiveness and management. To consider new solution that can be expected to overcome the limitations, we analyzed the latest ICT trends focused on features to utilize the Smombie prevention, especially video recognition and digital signage. In these days, video recognition has been developed rapidly with assistance of AI technology and it can recognize the specific pedestrian's characteristics such as holding smart phone as well as hair style, clothes, backpack and etc. On the other hands, the digital signage is the convergence device that includes big display, network connection and various IoT sensors. It can be used as public media in many places for public services as well as advertising. Through these analysis results, we show the requirements and the user scenario for the improved method to prevent Smombie. Finally, we propose to develop R&D technology to recognize Smombie exactly as pedestrian attributes and to spread creative contents to increase pedestrian's interest and engagement for Smombie prevention through digital signage.