• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.159-203
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• 2010

Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.3-29
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• 2008

The volume of air passengers and cargo transportation has increased rapidly in recent years. This trend will be even more noticeable as the high-tech service industry expands and the globalization progresses. In an effort to reflect and to cope with this trend, many conventions concerning international air transportation have been concluded. The Republic of Korea has also acceded to the Montreal Convention of 1999 on September 20th, 2007 which became effective on December 29th 2007. However, Korea currently does not provide any private law on the liability of domestic air carrier, leaving the regulation wholly to the general conditions of carriage of private air lines. These general conditions of carriage, however, are not sufficient to regulate the liabilities of domestic air carriers, because they cannot be fully recognized as a legitimate source of law applicable in the court. This situation is inconvenient for both air carrier and their customers. Thus, the Ministry of Justice of Korea has decided to enact a law that will regulate domestic air transportation, namely, "Domestic Carriage by Air Act", as a part of the Korean Commercial Code. So was composed a special committee for legislation of the Domestic Carriage by Air Act. This writer has led the committee as a chairman. The committee has held in total 10 meetings so far and has completed a draft bill for the part VI of the Korean Commercial Code, "Air Carriage." The essentials of the draft are as follows: First, the establishment of Part VI in the Commercial Code. The Korean Commercial Code already includes a series of provisions on road transportation in part II and carriage by sea in part V. In addition to these rules regulating different types of transportation, the Domestic Carriage by Air Act will newly establish part VI to regulate air carriages. Eventually, the Commercial Code will provide an integrated legal system on the transportation industry. Second, the acceptance of the basic liability system which major international conventions, such as Montreal Convention of 1999 and Guadalajara Convention of 1961, have adopted. This is very important, because the law of air carriage is unified worldwide through various international conventions, making it necessary and significant for the new act to achieve conformity between rules of international air carriage and that of domestic air carriage. Third, the acceptance of Rome Convention system on damage caused by foreign aircraft to third parties on the surface. Fourth, the application of rules on domestic road carriage or carriage by sea mutatis mutandis with necessary modifications. This very point is the merit of inserting domestic air transportation law into the Commercial Code. By doing so, the number of articles can be reduced and the rules on air carriage can conform to that of road transportation and carriage by sea. The bill is expected to be passed by the parliament at the end of this year and is expected to be effective by end of July 2009.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.137-172
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• 2008

The earliest safety data programs, the FDR and CVR, were electronic reporting systems that generate data "automatically." The FDR program, originally instituted in 1958, had no publicly available restrictions for protections against sanctions by the FAA or an airline, although there are agreements and union contracts forbidding the use of FDR data for FAA enforcement actions. This FDR program still has the least formalized protections. With the advent of the CVR program in 1966, the precursor to the current FAR 91.25 was already in place, having been promulgated in 1964. It stated that the FAA would not use CVR data for enforcement actions. In 1982, Congress began restricting the disclosure of the CVR tape and transcripts. Congress added further clarification of the availability of discovery in civil litigation in 1994. Thus, the CVR data have more definitive protections in place than do FDR data. The ASRS was the first non-automatic reporting system; and built into its original design in 1975 was a promise of limited protection from enforcement sanctions. That promise was further codified in an FAR in 1979. As with the CVR, from its inception, the ASRS had some protections built in for the person who might have had a safety problem. However, the program did not (and to this day does not) explicitly deal with issues of use by airlines, litigants, or the public media, although it appears that airlines will either take a non-punitive stance if an ASRS report is filed, or the airline may ignore the fact that it has been filed at all. The FAA worked with several U.S. airlines in the early 1990s on developing ASAP programs, and the FAA issued an Advisory Circular about the program in 1997. From its inception, the ASAP program contained some FAA enforcement protections and company discipline protections, although some protection against litigation disclosure and public disclosure was not added until 2003, when FAA Order 8000.82 was promulgated, placing the program under the protections of FAR 193, which had been added in 2001. The FOQA program, when it was first instituted through a demonstration program in 1995, did not contain protections against sanctions. Now, however, the FAA cannot take enforcement action based on FOQA safety data, and an airline is limited to "corrective action" under the program. Union contracts can exclude FOQA from the realm of disciplinary action, although airline practice may be for airlines to require retraining if there is no contract in place forbidding it. The data is protected against disclosure for litigation and public media purposes by FAA Order 8000.81, issued in 2003, which placed FOQA under the protections of FAR 193. The figure on the next page shows when each program began, and when each statute, regulation, or order became effective for that program.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.157-179
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• 2006

According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. So Republic of Korea Government enact the Law, Aviation Safety and Security. The Purpose of this Act is to prevent any unlawful act in airport facilities with international conventions, including the ICAO to provide for standards, procedures and mandatory matters needed to ensure the safety and security of civil aviation. But the Act has some error. So is this paper to review the revision of aviation security regulation and the changes of aviation security responsibilities and task assignment. There is the term "aviation security personnel", who are charged with the task of preventing any act of disrupting the order and safety in airport. But there is no term "security screening personnel" who performs to detect or search for dangerous object, such as weapons or explosives, which may be used for the unlawful obstruction.

• Journal of the Korean Institute of Gas
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• v.22 no.1
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• pp.37-44
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• 2018

As the international Maritime Organization is tightening up the emission regulation vessel, many countries and companies are pushing ahead the LNG fuel as one of long term solution for emission problems of ship. as a study on the way to conduct business for LNG bunkering around the world, this study was analyzed in view-point of business models focused on major countries such as Japan, China, Singapore, Europe and United States. The results of this study are as follows. China first established a nation-centered LNG bunkering policy. And then, the state and the energy company have been cooperating and carrying on LNG bunkering business for LNG fueled ships. Some countries in Europe and United States are in the process of LNG bunkering business mainly with private company. To obtain cheaper LNG fuel than bunker-C, the private company has a business model of LNG bunkering on their own LNG fueled ships, while securing LNG with high price competitiveness through partnership with middle class operators such us LNG terminal and natural gas liquefaction plant. Also, the LNG bunkering business around the world is focused on private companies rather than public corporations, but it was going to be focused on large energy companies because the initial cost required to build LNG bunkering infrastructure. Three models (TOTE model, Shell model, ENGIE model) of LNG bun kering business are currently being developed. It has been found that the way in which LNG bunkering business is implemented by different countries is applied differently according to the enterprise and national policy.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.61-114
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• 2018

Recently airspace became a hot issue considering today's international relations. However, there was no data that could be fully explained about a legal system of korean airspace, so I looked at law and practice about korean airspace together. The nation's aviation law sector is comletely separate from those related to civil and military aircraft, at least in legal terms. The Minister of Land, Infrastructure and Transport shall carry out his/her duties with various authority granted by the "Aviation Safety Act". The nation's aviation-related content is being regulated too much by the Ministry of Land, Infrastructure and Transport's notice or regulation, and there are many things that are not well known about which clauses of the upper law are associated with. The notice should be clearly described only in detail on delegated matters. As for the airspace system, the airspace system is too complex for the public to understand, and there seems to be a gap between law and practice. Therefore, I think it would be good to reestablish a simple and practical airspace system. Airspace and aviation related tasks in the military need to be clearly understood by distinguishing between those entrusted by the Minister of Land, Infrastructure and Transport and those inherent in the military. Regarding matters entrusted by the Minister of Land, Infrastructure and Transpor, it is necessary to work closely with the Minister of Land, Infrastructure and Transport when preparing related work guidelines, and to clarify who should prepare the guidelines. Regarding airspace control as a military operation, policies or guidelines that are faithful to military doctrine on airspace control are needed.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.37 no.2
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• pp.54-65
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• 2019

China government recently tries to preserve not only the famous national historic-culture cities, but also the small and medium-sized cities due to the damages and destruction of the cities by the rapid economic development, urban expansion and the development of tourism industry. Hence, this study chose 'Zhoucun ancient mall' which is one of the hotness of cultural heritage located in a mid-sized city named 'Zhoucun district Zibo city Shandong province' that has continuously cared historical landscapes by the protective policy regarding the city as a historic-culture resource from '80s, and considered the character of the city's development process on how the historical landscapes were well protected. In fact, the protection policy in Zhoucun ancient mall had been started in early '80s, however, the viable plan was established in 2001 entitled 'Historical block protection planning of Zhoucun Da street'. And then, 'Regulatory plan for the ancient mall site of Zhoucun Da street' established in 2008 has expanded the area of the blocks for protection. However, this plan organized area only block-by-block so that the small blocks couldn't have the unity when expanded. Later in 2015, 'Regulation Organization Plan' hastried to expanded the protect-area to solve the unity problem. As a result of the study, the historical landscape management plan of Zhoucun in Zibo city has been systematically changed in 2001 after. In other words, this 2001's plans established buffer zones for the maintenance of protected areas and the surrounding environment. And then the detailed regulatory plan for 2008 led to a concrete urban management plan. After that, in 2015, it was found that the expansion plan to protect and manage the whole area of Zhoucun disrict is to manage the landscape of the surrounding area including the historical landscape of 'Zhoucun ancient mall'.

• Journal of the Korea Organic Resources Recycling Association
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• v.27 no.2
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• pp.31-40
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• 2019

In Korea, 51,013 thousand tons of livestock manure was generated in 2018. A total of 46,530 thousand tons, which is 91.2% of the total amount of livestock manure generated, was treated by composting(40,647 thousand tons) or liquid fertilization(5,884 thousand tons) method. At present, the policy of livestock manure treatment in Korea is to make livestock manure into organic fertilizer(compost, liquid fertilizer) and then to applicate it on agricultural land. And this policy is very effective in terms of livestock manure treatment and nutrient recycling. However, considering the steadily declining farmland area for decades, the use of livestock manure compost could be limited in the future. There is also concern that local nutrient overloading, nutrient management regulation, and restrictions on the number of livestock may become serious problem for livestock manure treatment. In addition, there are some opinions that nutrient derived from livestock manure may flow into tributaries of major dams. In recent years, there has been a suspicion that fine dust may be generated from livestock manure compost. In recent years, the use of livestock manure fertilizer has been rapidly increasing, there is a growing demand of the development of new technologies for livestock manure treatment. Especially, cow excretes a larger amount of manure than other livestock, so that the efficiency of development of new technology for cow manure treatment will be high. Therefore, in this study, the combustion characteristics of cow manure pellet were investigated in order to analyzed whether cow manure could be used as source of solid fuel. During the combustion test, the weight loss of the cow manure pellet began to increase when the temperature of the combustion chamber reached $300^{\circ}C$. The ratio of $H_2$, $CH_4$, CO in the pyrolysis gas produced in the pyrolysis process of cow manure pellet were 6.65~11.62%, 0.58~1.54 and 11.47~14.07%, respectively.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

• The Korean Journal of Archival Studies
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• no.34
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• pp.221-250
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• 2012

This paper introduces the characteristics of the records and archives management of Korea from Joseon dynasty to now. This paper also explains historical background of making the records and archives management in Joseon dynasty. This paper introduces the process of establishment of modern records management system by adopting records management system and public administration of USA after liberation in 1945. The Joseon bureaucrats established systematic methodologies for managing and arranging the records. Jeseon dynasty managed its records systematically since it was a bureaucratic regime. It is also noticeable that the famous Joseonwangjosilrok(Annals of Joseon dynasty) came out of the power struggles for the control of the national affairs between the king and the nobility during the time of establishment of the dynasty. Another noticeable feature of the records tradition in Joseon dynasty was that the nobility recorded their experience and allowed future generations use and refer their experiences and examples when they performed similar business. The records of Joseon period are the historical records which recorded contemporary incidents and the compilers expected the future historians evaluate the incidents they recorded. In 1894, the reformation policy of Gaboh governments changed society into modernity. The policy of Gaboh governments prescribed archive management process through 'Regulation(命令頒布式)'. They revised the form of official documents entirely. They changed a name of an era from Chinese to unique style of Korean, and changed original Chinese into Korean or Korean-Chinese together. Also, instead of a blank sheet of paper they used printed paper to print the name of each office. Korea was liberated from Japanese Imperialism in 1945 and the government of Republic of Korea was established in 1948. In 1950s Republic of Korea used the records management system of the Government-General of Joseon without any alteration. In the late of 1950's Republic of Korea constructed the new records management system by adopting records management system and public administration of USA. However, understanding of records management was scarce, so records and archives management was not accomplished. Consequently, many important records like presidential archives were deserted or destroyed. A period that made the biggest difference on National Records Management System was from 1999 when was enacted. Especially, it was the period of President Roh's five-year tenure called Participation Government (2003-2008). The first distinctive characteristic of Participation Government's records management is that it implemented governance actively. Another remarkable feature is a nomination of records management specialists at public institutions. The Participation Government also legislated (completely revised) . It led to a beginning of developing records management in Republic of Korea.