• Title/Summary/Keyword: reference standards

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The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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The Development of National Competency Standard(NCS) Regarding Casino Operations Management (카지노운영관리 직무에 관한 국가직무능력표준(NCS) 개발)

  • Kim, Dong-Yeon;Oh, Seung-Gyun;Koo, Ja-Gil;Kim, Jinsoo
    • 대한공업교육학회지
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    • v.39 no.1
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    • pp.143-163
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    • 2014
  • This study developed a National Competency Standard(NCS) regarding the casino operations management based on the manual for developing National Competency Standard of 13 years and a revised classification system chart of the National Competency Standard. For the research method, this study developed a national competency standard of relevant jobs after going through review, consultation, modification, supplementation, and reporting procedures 10 times with development experts of the National Competency Standard, the industrial setting professionals, education and training experts, qualification(job analysis) experts, facilitators, and a working group of job verification committee based on the phased range and DACUM procedure of study. The major development results of this study are as follows. First, this study selected and defined duties based on the revised classification system chart of the National Competency Standard, then drew and developed total 8 ability units based on the applicable duties. Secondly, based on the developed ability units, total 27 ability unit factors were deduced and developed. Thirdly, a standard system by ability unit factor was developed based on the level of the national competency standard and revised classification system chart, then this study deduced and developed a supra-domain of the standard system by competency units using the standard tranquility value by these competency unit factors. Based on such development contents and guidelines for the national competency standard ability unit classification number, this study deduced and developed category numbers by relevant competency unit. Fourthly, total 27 relevant performance standard by competency units and knowledge, skill, and attitude were deduced and developed. Fifthly, this study deduced and developed a scope of application, work situation, evaluation guide, core competency, and development history in reference to the total 8 relevant competency units based on the duties.

Recognition and Narrative Aspects of the History of Korean Classic Literature from Two Korean Literature History Works Written in China (중국 한국문학사 2종의 한국고전문학사 인식과 서술 양상: 남북한문학사와 자국문학사의 수용과 변용을 중심으로)

  • Lee, Deung-yearn
    • Cross-Cultural Studies
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    • v.48
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    • pp.67-106
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    • 2017
  • This study focuses on two specific history of Korean literature in Chinese: the outline of The History of Joseon Literature (2010) by Li Yan and The History of Joseon Literature (1988, 2008) by Wei Xu-sheng; it was conducted to compare narrative viewpoints to the history of South and North Korean literature and therefore identify distinguishable characteristics. As a result, the following was concluded. First, The History of Korean Literature by Cho Dong-il and The History of Korean Literature in North Korea (15 volumes) include thorough discussions on division of historical eras, concept of genres as well as individual literary works and applied such discussions on writing literary history. However, Wei Xu-sheng and Li Yan's The History of Korean Literature did not illuminate theoretical discussion of South and North Korea. Li Yan's outline of The History of Joseon Literature was published in 2010 and the first edition of Wei Xu-sheng's The History of Joseon Literature was published in 1986 and later was published as revised editions in 2000 and 2008. Regarding published dates, it is a matter of course to reference Cho Dong-il's The History of Korean Literature, published in the 1980s, or The History of Korean Literature in North Korea (15 volumes), published in the 1990s; nevertheless, neither Wei Xu-sheng nor Li Yan used those texts in their works. Their works were heavily influenced by the narrative tradition of the history of national literature and therefore, entailed unsophisticated discussion on the division of historical eras or the concept of genres. Second, those two texts also emphasized external factors such as politics, society, economy and culture and explicitly mention these factors in historical overview of each chapter. Such an approach is commonly used in narratives of literary history under socialist regimes, including The History of Korean Literature in North Korea (15 volumes). Accordingly, evaluations based on 'political standards' - stress of people, nationality, practicality and so forth - in main texts are particularly accentuated, akin to narratives of literary history under socialist regimes. Finally, since those two Korean literature history works are written by Chinese scholars, they focus on correlation between Chinese literature history and Korean literature history. However, several genre-related terminologies such as Xiaopin (a kind of essay), Yuefu (a kind of popular song/poem), Yuyan (fable), Shuochang (telling of popular stories with the interspersal songs), Shizhuan (biography or/and memoirs in history) were adopted directly from Chinese literature. In analyzing Korean literature using terminologies introduced from Chinese literature, differences between original and alternative definitions were not examined in detail. While some terminologies and concepts were adopted directly without further consideration as to state of the two nations, it is also interesting to note that dichotomy, mainly used in Korean literature history, was used to discuss the genre of Cheonki (romance tale), relevant to Suyichon and Keumosinhua, rather than follow traditions of Chinese literature history.

Development Process and Methods of Audit and Certification Toolkit for Trustworthy Digital Records Management Agency (신뢰성 있는 전자기록관리기관 감사인증도구 개발에 관한 연구)

  • Rieh, Hae-young;Kim, Ik-han;Yim, Jin-Hee;Shim, Sungbo;Jo, YoonSun;Kim, Hyojin;Woo, Hyunmin
    • The Korean Journal of Archival Studies
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    • no.25
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    • pp.3-46
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    • 2010
  • Digital records management is one whole system in which many social and technical elements are interacting. To maintain the trustworthiness, the repository needs periodical audit and certification. Thus, individual electronic records management agency needs toolkit that can be used to self-evaluate their trustworthiness continuously, and self-assess their atmosphere and system to recognize deficiencies. The purpose of this study is development of self-certification toolkit for repositories, which synthesized and analysed such four international standard and best practices as OAIS Reference Model(ISO 14721), TRAC, DRAMBORA, and the assessment report conducted and published by TNA/UKDA, as well as MoRe2 and current national laws and standards. As this paper describes and demonstrate the development process and the framework of this self-certification toolkit, other electronic records management agencies could follow the process and develop their own toolkit reflecting their situation, and utilize the self-assessment results in-house. As a result of this research, 12 areas for assessment were set, which include (organizational) operation management, classification system and master data management, acquisition, registration and description, storage and preservation, disposal, services, providing finding aids, system management, access control and security, monitoring/audit trail/statistics, and risk management. In each 12 area, the process map or functional charts were drawn and business functions were analyzed, and 54 'evaluation criteria', consisted of main business functional unit in each area were drawn. Under each 'evaluation criteria', 208 'specific evaluation criteria', which supposed to be implementable, measurable, and provable for self-evaluation in each area, were drawn. The audit and certification toolkit developed by this research could be used by digital repositories to conduct periodical self-assessment of the organization, which would be used to supplement any found deficiencies and be used to reflect the organizational development strategy.

A Study on Setup for Preliminary Decision Criterion of Continuum Rock Mass Slope with Fair to Good Rating (양호한 연속체 암반사면의 예비 판정기준 설정 연구)

  • Kim, Hyung-Min;Lee, Su-gon;Lee, Byok-Kyu;Woo, Jae-Gyung
    • The Journal of Engineering Geology
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    • v.29 no.2
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    • pp.85-97
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    • 2019
  • It can be observed that steep slopes ($65^{\circ}$ to $80^{\circ}$) consist of rock masses were kept stable for a long time. In rock-mass slopes with similar ground condition, steeper slopes than 1 : 0.5 ($63^{\circ}$) may be applied if the discontinuities of rock-mass slope are distributed in a direction favorable to the stability of the slope. In making a decision the angle of the slope, if the preliminary rock mass conditions applicable to steep slope are quantitatively setup, they may be used as guidance in design practice. In this study, the above rock mass was defined as a good continuum rock mass and the quantitative setup criterion range was proposed using RMR, SMR and GSI classifications for the purpose of providing engineering standard for good continuum rock mass conditions. The methods of study are as follows. The stable slope at steep slopes ($65^{\circ}$ to $80^{\circ}$) for each rock type was selected as the study area, and RMR, SMR and GSI were classified to reflect the face mapping results. The results were reviewed by applying the calculated shear strength to the stable analysis of the current state of rock mass slope using the Hoek-Brown failure criterion. It is intended to verify the validity of the preliminary criterion as a rock mass condition that remains stable on a steep slope. Based on the analysis and review by the above research method, it was analyzed that a good continuum rock mass slope can be set to Basic RMR ${\geq}50$ (45 in sedimentary rock), GSI and SMR ${\geq}45$. The safety factor of the LEM is between Fs = 14.08 and 67.50 (average 32.9), and the displacement of the FEM is 0.13 to 0.64 mm (average 0.27 mm). This can be seen as a result of quantitative representation and verification of the stability of a good continuum rock mass slope that has been maintained stable for a long period of time with steep slopes ($65^{\circ}$ to $80^{\circ}$). The setup guideline for a good continuum rock mass slope will be able to establish a more detailed setup standard when the data are accumulated, and it is also a further study project. If stable even on steep slopes of 1 : 0.1 to 0.3, the upper limit of steep slopes is 1 : 0.3 with reference to the overseas design standards and report, thus giving the benefit of ensuring economic and eco-friendlyness. Also, the development of excavation technology and plantation technology and various eco-friendly slope design techniques will help overcome psychological anxiety and rapid weathering and relaxation due to steep slope construction.

A Study on Flammability Risk of Flammable Liquid Mixture (가연성 액체 혼합물의 인화 위험성에 관한 연구)

  • Kim, Ju Suk;Koh, Jae Sun
    • Journal of the Society of Disaster Information
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    • v.16 no.4
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    • pp.701-711
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    • 2020
  • Purpose: In this study, the risk of flammability of a liquid mixture was experimentally confirmed because the purpose of this study was to confirm the increase or decrease of the flammability risk in a mixture of two substances (combustible+combustible) and to present the risk of the mixture. Method: Flash point test method and result processing were tested based on KS M 2010-2008, a tag sealing test method used as a flash point test method for crude oil and petroleum products. The manufacturer of the equipment used in this experiment was Japan's TANAKA. The flash point was measured with a test equipment that satisfies the test standards of KS M 2010 with equipment produced by the company, and LP gas was used as the ignition source and water as the cooling water. In addition, when measuring the flash point, the temperature of the cooling water was tested using cooling water of about 2℃. Results: First of all, in the case of flammable + combustible mixtures, there was little change in flash point if the flash point difference between the two substances was not large, and if the flash point difference between the two substances was low, the flash point tended to increase as the number of substances with high flash point increased. However, in the case of toluene and methanol, the flash point of the mixture was lower than that of the material with a lower flash point. Also, in the case of a paint thinner, it was not easy to predict the flash point of the material because it was composed of a mixture, but as a result of experimental measurement, it was measured between -24℃ and 7℃. Conclusion: The results of this study are to determine the risk of mixtures through experimental studies on flammable mixtures for the purpose of securing the effectiveness of the details of the criteria for determining dangerous goods in the existing dangerous goods safety management method and securing the reliability and reproducibility of the determination of dangerous goods Criteria have been presented, and reference data on experimental criteria for flammable liquids that are regulated in firefighting sites can be provided. In addition, if this study accumulates know-how on differences in test methods, it is expected that it can be used as a basis for research on risk assessment of dangerous goods and as a basis for research on dangerous goods determination.

A Study on the Structural Reinforcement of the Modified Caisson Floating Dock (개조된 케이슨 플로팅 도크의 구조 보강에 대한 연구)

  • Kim, Hong-Jo;Seo, Kwang-Cheol;Park, Joo-Shin
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.1
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    • pp.172-178
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    • 2021
  • In the ship repair market, interest in maintenance and repair is steadily increasing due to the reinforcement of prevention of environmental pollution caused by ships and the reinforcement of safety standards for ship structures. By reflecting this effect, the number of requests for repairs by foreign shipping companies increases to repair shipbuilders in the Southwest Sea. However, because most of the repair shipbuilders in the southwestern area are small and medium-sized companies, it is difficult to lead to the integrated synergy effect of the repair shipbuilding companies. Moreover, the infrastructure is not integrated; hence, using the infrastructure jointly is a challenge, which acts as an obstacle to the activation of the repair shipbuilding industry. Floating docks are indispensable to operating the repair shipbuilding business; in addition, most of them are operated through renovation/repair after importing aging caisson docks from overseas. However, their service life is more than 30 years; additionally, there is no structure inspection standard. Therefore, it is vulnerable to the safety field. In this study, the finite element analysis program of ANSYS was used to evaluate the structural safety of the modified caisson dock and obtain additional structural reinforcement schemes to solve the derived problems. For the floating docks, there are classification regulations; however, concerning structural strength, the regulations are insufficient, and the applicability is inferior. These insufficient evaluation areas were supplemented through a detailed structural FE-analysis. The reinforcement plan was decided by reinforcing the pontoon deck and reinforcement of the side tank, considering the characteristics of the repair shipyard condition. The final plan was selected to reinforce the side wing tank through the structural analysis of the decision; in addition, the actual structure was fabricated to reflect the reinforcement plan. Our results can be used as reference data for improving the structural strength of similar facilities; we believe that the optimal solution can be found quickly if this method is used during renovation/repair.

Experimental Study on Ignition and Explosion Hazard by Measuring the Amount of Non-volatile (NVR) and Explosion Limit of Biodiesel Mixture (바이오디젤 혼합물의 가열잔분측정과 폭발한계 측정을 통한 발화 및 폭발위험성에 대한 실험적인 연구)

  • Kim, Ju Suk;Koh, Jae-Sun
    • Journal of the Society of Disaster Information
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    • v.18 no.1
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    • pp.182-193
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    • 2022
  • Purpose: By measuring and evaluating the risk of biodiesel through non-volatile residue (NVR) and flash point and explosion limit measurement at a specific temperature according to ASTM test standards, the risk of chemical fire causative substances is identified and a universal evaluation method By derivation and securing the risk-related data of the material, it can be used for the identification and analysis of the cause of the fire, and it can be applied to the risk assessment of other chemical substances Method: In order to measure the risk of biodiesel, it was measured using the non-volatile residue(NVR) measurement method, which measures how much flammable liquid is generated at a specific temperature. Heating was tested by applying KS M 5000: 2009 Test Method 4111. In addition, the flash point was measured using the method specified in ASTM E659-782005, and the energy supply method was measured using the constant temperature method. In addition, the explosion limit measurement was conducted in accordance with ASTM E 681-04 「Standard test method for concentration limits of flammability of chemicals(Vapors and gases)」 test standard. Result: As a result of checking the amount of combustible liquid by the non-volatile residue (NVR)measurement method, the non-volatile residue(NVR) of general diesel when left at 105±2℃ for 3 hours was about 30% (70% of volatile matter) and about 4% of biodiesel. In addition, similar results were obtained for the non-volatile residue(NVR)heating temperature of 150±2℃, 3 hours and 200±2℃ for 1 hour, and white smoke was generated at 200℃ or higher. In addition, similar values were obtained as a result of experimentally checking the explosion (combustion) limits of general diesel, general diesel containing 20% biodiesel, and 100% biodiesel. Therefore, it was confirmed that the flammability risk did not significantly affect the explosion risk. Conclusion: The results of this study suggested the risk judgment criteria for mixtures through experimental research on flammable mixtures for the purpose of securing the effectiveness, reliability, and reproducibility of the details of the criteria for determining dangerous substances in the existing Dangerous Materials Safety Management Act. It will be possible to provide reference data for the judgment criteria for flammable liquids that are regulated in the field. In addition, if the know-how for each test method is accumulated through this study, it is expected that it will be used as basic data in the research on risk assessment of dangerous substances and as a basis for research on the determination of dangerous substances.

Biological Toxicity Assessment of Sediment at an Ocean Dumping Site in Korea (폐기물 배출해역 퇴적물의 생물학적 독성평가 연구)

  • Seok, Hyeong Ju;Kim, Young Ryun;Kim, Tae Won;Hwang, Choul-Hee;Son, Min Ho;Choi, Ki-young;Kim, Chang-joon
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.1
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    • pp.1-9
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    • 2022
  • The effect of sediments in a waste dumping area on marine organisms was evaluated using sediment toxicity tests with a benthic amphipod (Monocorophium acherusicum) and bioluminescent bacterium (Vibrio fischeri) in accordance with the Korean Standard Method for Marine Wastes (KSMMW). Nine sites in the East Sea-Byeong, East Sea-Jeong, and Yellow Sea-Byeong areas were sampled from 2016 to 2019. The test results showed that the relative average survival rate (benthic amphipods) and relative luminescence inhibition rate (luminescent bacteria) were below 30%, which were judged to be "non-toxic." However, in the t-test, a total of 12 benthic amphipod samples (6, 1, 1, and 4 in 2016, 2017, 2018, and 2019, respectively) were significantly different (p<0.05) from the control samples. To identify the source of toxicity on benthic amphipods, a simple linear regression analysis was performed between the levels of eight heavy metals (Cr, As, Ni, Cd, Cu, Pb, Zn, and Hg) in sediments and the relative average survival rate. The results indicated that Cr had the highest contribution to the toxicity of benthic amphipods (p = 0.000, R2 = 0.355). In addition, Cr was detected at the highest concentration at the DB-85 station and exceeded the Marine Environment Standards every year. Although the sediments were determined as "not toxic" according to the ecotoxicity criteria of the KSMMW, the results of the statistical significance tests and toxicity identification evaluation indicated that the toxic effect was not acceptable. Therefore, revising the criteria for determining the toxic effect by deriving a reference value through quantitative risk assessment using species sensitivity distribution curves is necessary in the future.

Analysis of Heavy Metal Contamination and Shellfish Poisoning Toxins in Marketed Shellfishes (유통 패류의 중금속 및 패류독소 분석)

  • Kim, Jeong-Eun;Hwang, Seon-Il;Lee, Seong-Bong;Shin, Sang-Woon;Kwon, Hye-Jung;Lee, Ji-Yeon;Lee, Byoung-Hoon;Mo, A-Ra;Choi, Ok-Kyung
    • Journal of Food Hygiene and Safety
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    • v.37 no.3
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    • pp.159-165
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    • 2022
  • In this study, heavy metals (lead, cadmium, and mercury) and shellfish poisoning toxins (diarrhetic shellfish poisoning toxins, amnesic shellfish poisoning toxins) were investigated in a total of 104 shellfishes. According to the analysis of heavy metals, lead (Pb) was detected in the range of 0.0177-0.5709 mg/kg, cadmium (Cd) was detected in the range of 0.0226-1.4602 mg/kg, and mercury (Hg) was detected in the range of 0.0015-0.0327 mg/kg. Levels of Pb, Cd, and Hg were acceptable by Korean standards. Okadaic acid (OA) and dinophysistoxin-1 (DTX-1) were investigated for monitoring of diarrhetic shellfish poisoning toxins and OA and DTX-1 were not detected. As a result of monitoring of amnesic shellfish poisoning toxins, domoic acid was detected in 5 of 104 samples and detection ratio was 4.8%. The detection period was found as follows; 1 case in January, 1 case in February, 1 case in May, 2 cases in September. These showed that continuous monitoring for the management of shellfish poisoning toxins and heavy metals is required. In addition, this study can be used as reference data to strengthen managing heavy metals in fishery products.