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A Study on the Australian Law Regarding RPAS (Remotely Piloted Aircraft System): Need for an International Approach

  • Wheeler, Joseph;Lee, Jae-Woon
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.311-336
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    • 2015
  • This article surveys the current international law with respect to RPAS from both the public air law and private air law perspectives. It then reviews current and proposed Australian domestic RPAS regulation while emphasizing the peculiar risks in operation of RPAS; and how they affect concepts of liability, safety and privacy. While RPAS operations still constitute only a small portion of total operations within commercial aviation, international pilotless flight for commercial air transport remains a future reality. As the industry is developing so quickly the earlier the pursuit of the right policy solutions begins, the better the law will be able to cope with the technological realities when the inevitable risks manifest in accidents. The paper acknowledges that a domestic or regional approach to RPAS, typified by the legislative success of the Australian experience, is and continues to be the principal measure to deal with RPAS issues globally. Furthermore, safety remains the foremost factor in present and revised Australian RPAS regulation. This has an analogue to the international situation. Creating safety-related rules is imperative and must precede the creation or adoption of liability rules because the former mitigates the risk of accidents which trigger the application of the latter. The flipside of a lack of binding airworthiness standards for RPAS operators is potentially a strong argument that the liability regime (and particularly strict liability of operators) is unfair and unsuited to pilotless flight. The potential solutions the authors raise include the need for revised ICAO guidance and, in particular, SARPs with respect to RPAS air safety, airworthiness, and potentially liability issues for participants/passengers, and those on the ground. Such guidance could then be adapted swiftly for appropriate incorporation into domestic laws bypassing the need for or administrative burden and time it would take to activate the treaty process to deal with an arm of aviation that states know all too well is in need of safety regulation and monitoring.

Satisfaction of Elementary School Students's Parents with the Pit & Fissure Sealing Program in Some Regions (일부지역 초등학생 학부모의 치면열구전색에 관한 만족도)

  • Hwang, Ji-Min;Han, Ji-Hyoung
    • Journal of dental hygiene science
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    • v.9 no.4
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    • pp.469-474
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    • 2009
  • The purpose of this study was to examine the satisfaction level of parents with elementary school students in some metropolitan areas with the pit and fissure sealing program in a bid to raise awareness of the importance of the preventive treatment and accelerate the spread of it. The subjects in this study were 231 parents who had school children and resided in Seoul and Gyeonggi Province. After a self-administered survey was conducted in October and November 2008, the collected data were analyzed. The findings of the study were as follows; 1. As to places for receiving the preventive treatment, 111 respondents (48.1%) experienced pit and fissure sealing in dental clinics, and 88 respondents(38.1%) did that in dental hospitals. 177 people(76.6%) received that treatment from dentists, and 16 respondents(11.3%) did that from dental hygienists. 2. Concerning whether to be for or against the pit and fissure sealing program, more than half that numbered 143(61.9%) supported that program, and 88 respondents(38.1%) didn't. As for satisfaction level, they expressed the biggest satisfaction with the preventive effect of that treatment($3.92{\pm}.85$), and were least satisfied with the cost($1.91{\pm}.86$). 3. Regarding links between general characteristics and satisfaction level, they were statistically significantly different in satisfaction level with the cost according to residential area and the number of child, and age made a statistically significant difference to their satisfaction level with the preventive effect of it. 4. As for relationship between warranty term and whether to be for the pit and fissure sealing program or not, 45(31.5%) out of those who supported the program were provided with no warranty, and 32(36.4%) out of those who took a stand against it were provided with no warranty, either. Warranty was provided to 12(8.4%) respondents of the former group without a fixed term, but that's not the case for any of the latter. The warranty term made statistically significant differences to their agreement or disagreement to the program(p<0.05).

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On a "duality" of the Corps-actant structure in Misaeng: with Jang Geurae as the central figure (『미생』에 나타난 신체 행위소 구조의 이중성에 관한 고찰 - 장그래를 중심으로)

  • Song, Taemi
    • 기호학연구
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    • no.57
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    • pp.211-255
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    • 2018
  • This paper attempts to "re-read" the webtoon Misaeng, which was once an important issue in the field of public discourse on "labor". Our hypothesis was that the dual actactial structure of Misaeng's hero Jang Geurae gave a dual structure to the entire text, which leads to the discovery of text meaning that was not mentioned in the existing discourse. This is based on the concept of 'meta-story character', which Hiroki Azuma talked in his postmodern literary theory. To verify this hypothesis we analyzed the text by applying the Parisian semiotics, more specifically J. Fontanille's theory. Jang Geurae is observed to be a actant of dual structure divided into 'character' of the enunciated level and 'player' of the enunciation level. Considering this characteristic of the hero, Misaeng can be interpreted as a metafiction that shows the 'shifting' between the subject of the enunciated level and the subject of the enunciation level. On the level of 'character' Jang's existence mode turns out to be "Deficiency (actualized)", but on the level of 'player' Jang 's existence mode turns out to be "Inanity(potentiallized)." His somatic responses also show a duality, which is represented by Fontanille's corps-actant model, where on the level of 'character' the somatic actant of Jang consists of 'Moi-chair(ego-flesh)' and 'Soi-idem(self-idem)', and on the level of 'player' it consists of 'Moi-chair(ego-flesh)' and 'Soi-ipse(self-ipse)'. The former mainly acts as a 'role' and takes charge of exteroceptive perception, while the latter mainly acts as 'attitude' and takes charge of interoceptive perception. Because of this dissociative nature of actant, Jang's two 'self' draw the re-adjustment of values without serious conflict between the collective norms and the individual identity. This is in sharp contrast with other characters who struggle with the conflict between the environment and "self". It becomes customary to adopt norms that are suspected to ineffective, but if you raise questions, the normative system can be updated. On one axis of Misaeng there are characters who have lost themselves in customs. On the other axis, there is Jang who can not help dismantling the existing ineffective norms and updating the normative system. Jang's existence mode seems to be one of many possible modes generated by this era where people share no longer solid community values, His actantial structure also communicates with readers of these days who put themselves more in subject of enunciation level than of enunciated level.

An origin and development, the thought and understanding of actual world of Noron (노론의 연원과 전개, 철학사상과 현실인식)

  • Kim, Moon Joon
    • The Journal of Korean Philosophical History
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    • no.32
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    • pp.79-112
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    • 2011
  • Since Noron(老論) had organized in the period of Sookjong(肅宗), it constantly had led the political situation of Choson until Choson(朝鮮) perished as the grasping political power. Studies and thoughts development of Noron can be devided into four periods. First, the term of politics of faction of the period of Sookjong. Second, a period of Youngjo(英祖) and Joungjo(正祖). Third, a period of politics of power(勢道政治). Fourth, the latter term of 19century. We can look into an origin and development aspect in outline by dividing like this. The general character of Noron can be summarized by the respect of Song Si-yeol(宋時烈, 1607-1689), the theory of a party of a man of virtue(君子黨論) based on the theory of moral civilization of Choson(朝鮮中華論), the succession of Lee i(李珥; 1636-1684)'s neo-confucianism, rejecting all teaching that does not conform to neoconfucianism and protecting right studies, and oppression of Roman Catholic. The noticeable scholars of Noron were Kwon sang Ha(權尙夏; 1641~1721), Kim chang hyup(金昌協; 1651~1708), Lee jea(李縡; 1680~1746) etc. These scholars of Noron following Song Si-yeol had tried to raise "Learning of the Way"(正明道) by respecting Zushi and removing injustice(尊朱子攘夷狄), also believed people should embody moral values in their society and country. and possessed an will guiding to stabilize the country by rejecting uncivilization(尊王攘夷). Above all, they insisted, the King of Choson should rule with 'lighting heavenly reason'(明天理). Also they insisted the King and countrymen should together strive to recover civilization of moral humanity and destroy uncivilzation. But gradually they lost the motive and purpose of moral politics in the seventeenth century. Finally Noron Byeokpa(?派) take over the reins of government. It resulted in the bad effect of politics of autocrat(勢道政治) having their own way to use power of authority after death of Jungjo(正祖). The peculiar character of Noron politics can valued as the extreme aspect of 'according of politics and scholarship'(政學一致).

A Study on Forest Insurance (산림보험(山林保險)에 관한 연구(硏究))

  • Park, Tai Sik
    • Journal of Korean Society of Forest Science
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    • v.15 no.1
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    • pp.1-38
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    • 1972
  • 1. Objective of the Study The objective of the study was to make fundamental suggestions for drawing a forest insurance system applicable in Korea by investigating forest insurance systems undertaken in foreign countries, analyzing the forest hazards occurred in entire forests of Korea in the past, and hearing the opinions of people engaged in forestry. 2. Methods of the Study First, reference studies on insurance at large as well as on forest insurance were intensively made to draw the characteristics of forest insurance practiced in main forestry countries, Second, the investigations of forest hazards in Korea for the past ten years were made with the help of the Office of Forestry. Third, the questionnaires concerning forest insurance were prepared and delivered at random to 533 personnel who are working at different administrative offices of forestry, forest stations, forest cooperatives, colleges and universities, research institutes, and fire insurance companies. Fourth, fifty three representative forest owners in the area of three forest types (coniferous, hardwood, and mixed forest), a representative region in Kyonggi Province out of fourteen collective forest development programs in Korea, were directly interviewed with the writer. 3. Results of the Study The rate of response to the questionnaire was 74.40% as shown in the table 3, and the results of the questionaire were as follows: (% in the parenthes shows the rates of response; shortages in amount to 100% were due to the facts of excluding the rates of response of minor respondents). 1) Necessity of forest insurance The respondents expressed their opinions that forest insurance must be undertaken to assure forest financing (5.65%); for receiving the reimbursement of replanting costs in case of damages done (35.87%); and to protect silvicultural investments (46.74%). 2) Law of forest insurance Few respondents showed their views in favor of applying the general insurance regulations to forest insurance practice (9.35%), but the majority of respondents were in favor of passing a special forest insurance law in the light of forest characteristics (88.26%). 3) Sorts of institutes to undertake forest insurance A few respondents believed that insurance companies at large could take care of forest insurance (17.42%); forest owner's mutual associations would manage the forest insurance more effectively (23.53%); but the more than half of the respondents were in favor of establishing public or national forest insurance institutes (56.18%). 4) Kinds of risks to be undertaken in forest insurance It would be desirable that the risks to be undertaken in forest insurance be limited: To forest fire hazards only (23.38%); to forest fire hazards plus damages made by weather (14.32%); to forest fire hazards, weather damages, and insect damages (60.68%). 5) Objectives to be insured It was responded that the objectives to be included in forest insurance should be limited: (1) To artificial coniferous forest only (13.47%); (2) to both coniferous and broad-leaved artificial forests (23.74%); (3) but the more than half of the respondents showed their desire that all the forests regardless of species and the methods of establishment should be insured (61.64%). 6) Range of risks in age of trees to be included in forest insurance The opinions of the respondents showed that it might be enough to insure the trees less than ten years of age (15.23%); but it would be more desirous of taking up forest trees under twenty years of age (32.95%); nevertheless, a large number of respondents were in favor of underwriting all the forest trees less than fourty years of age (46.37%). 7) Term of a forest insurance contract Quite a few respondents favored a contract made on one year basis (31.74%), but the more than half of the respondents favored the contract made on five year bases (58.68%). 8) Limitation in a forest insurance contract The respondents indicated that it would be desirable in a forest insurance contract to exclude forests less than five hectars (20.78%), but more than half of the respondents expressed their opinions that forests above a minimum volume or number of trees per unit area should be included in a forest insurance contract regardless of the area of forest lands (63.77%). 9) Methods of contract Some responded that it would be good to let the forest owners choose their forests in making a forest insurance contract (32.13%); others inclined to think that it would be desirable to include all the forests that owners hold whenerver they decide to make a forest insurance contract (33.48%); the rest responded in favor of forcing the owners to buy insurance policy if they own the forests that were established with subsidy or own highly vauable growing stock (31.92%) 10) Rate of premium The responses were divided into three categories: (1) The rate of primium is to be decided according to the regional degree of risks(27.72%); (2) to be decided by taking consideration both regional degree of risks and insurable values(31.59%); (3) and to be decided according to the rate of risks for the entire country and the insurable values (39.55%). 11) Payment of Premium Although a few respondents wished to make a payment of premium at once for a short term forest insurance contract, and an annual payment for a long term contract (13.80%); the majority of the respondents wished to pay the premium annually regardless of the term of contract, by employing a high rate of premium on a short term contract, but a low rate on a long term contract (83.71%). 12) Institutes in charge of forest insurance business A few respondents showed their desire that forest insurance be taken care of at the government forest administrative offices (18.75%); others at insurance companies (35.76%); but the rest, the largest number of the respondents, favored forest associations in the county. They also wanted to pay a certain rate of premium to the forest associations that issue the insurance (44.22%). 13) Limitation on indemnity for damages done In limitation on indemnity for damages done, the respondents showed a quite different views. Some desired compesation to cover replanting costs when young stands suffered damages and to be paid at the rate of eighty percent to the losses received when matured timber stands suffered damages(29.70%); others desired to receive compensation of the actual total loss valued at present market prices (31.07%); but the rest responded in favor of compensation at the present value figured out by applying a certain rate of prolongation factors to the establishment costs(36.99%). 14) Raising of funds for forest insurance A few respondents hoped to raise the fund for forest insurance by setting aside certain amount of money from the indemnity paid (15.65%); others wished to raise the fund by levying new forest land taxes(33.79%); but the rest expressed their hope to raise the fund by reserving certain amount of money from the surplus money that was saved due to the non-risks (44.81%). 15) Causes of fires The main causes of forest fires 6gured out by the respondents experience turned out to be (1) an accidental fire, (2) cigarettes, (3) shifting cultivation. The reponses were coincided with the forest fire analysis made by the Office of Forestry. 16) Fire prevention The respondents suggested that the most important and practical three kinds of forest fire prevention measures would be (1) providing a fire-break, (2) keeping passers-by out during the drought seasons, (3) enlightenment through mass communication systems. 4. Suggestions The writer wishes to present some suggestions that seemed helpful in drawing up a forest insurance system by reviewing the findings in the questionaire analysis and the results of investigations on forest insurance undertaken in foreign countries. 1) A forest insurance system designed to compensate the loss figured out on the basis of replanting cost when young forest stands suffered damages, and to strengthen credit rating by relieving of risks of damages, must be put in practice as soon as possible with the enactment of a specifically drawn forest insurance law. And the committee of forest insurance should be organized to make a full study of forest insurance system. 2) Two kinds of forest insurance organizations furnishing forest insurance, publicly-owned insurance organizations and privately-owned, are desirable in order to handle forest risks properly. The privately-owned forest insurance organizations should take up forest fire insurance only, and the publicly-owned ought to write insurance for forest fires and insect damages. 3) The privately-owned organizations furnishing forest insurance are desired to take up all the forest stands older than twenty years; whereas, the publicly-owned should sell forest insurance on artificially planted stands younger than twenty years with emphasis on compensating replanting costs of forest stands when they suffer damages. 4) Small forest stands, less than one hectare holding volume or stocked at smaller than standard per unit area are not to be included in a forest insurance writing, and the minimum term of insuring should not be longer than one year in the privately-owned forest insurance organizations although insuring period could be extended more than one year; whereas, consecutive five year term of insurance periods should be set as a mimimum period of insuring forest in the publicly-owned forest insurance organizations. 5) The forest owners should be free in selecting their forests in insuring; whereas, forest owners of the stands that were established with subsidy should be required to insure their forests at publicly-owned forest insurance organizations. 6) Annual insurance premiums for both publicly-owned and privately-owned forest insurance organizations ought to be figured out in proportion to the amount of insurance in accordance with the degree of risks which are grouped into three categories on the basis of the rate of risks throughout the country. 7) Annual premium should be paid at the beginning of forest insurance contract, but reduction must be made if the insuring periods extend longer than a minimum period of forest insurance set by the law. 8) The compensation for damages, the reimbursement, should be figured out on the basis of the ratio between the amount of insurance and insurable value. In the publicly-owned forest insurance system, the standard amount of insurance should be set on the basis of establishment costs in order to prevent over-compensation. 9) Forest insurance business is to be taken care of at the window of insurance com pnies when forest owners buy the privately-owned forest insurance, but the business of writing the publicly-owned forest insurance should be done through the forest cooperatives and certain portions of the premium be reimbursed to the forest cooperatives. 10) Forest insurance funds ought to be reserved by levying a property tax on forest lands. 11) In order to prevent forest damages, the forest owners should be required to report forest hazards immediately to the forest insurance organizations and the latter should bear the responsibility of taking preventive measures.

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