• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.55-89
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• 2003

What are the international aviation regimes? It is said that they are sets of principles, norms, rules, and decision-making procedures of international aviation around which aviation actors' (states-actors, intergovernmental aviation organization, international aviation conventions, airlines and their organizations etc.) expectations converge in a given aviation issue-area for the purposes of the human welfare and the operations of the stable civil aviation. In this regards, the purposes of this study are focused on the aviation actors' shifts. Chronologically, international aviation regimes have been developed by some stages as followings; The 1st stage is the period from 1944 Chicago Convention to 1978 US Deregulation Act, when the aviation regulations and rules within the international aviation relations were implemented by Chicago-Bermuda regimes as Christer Jonsson pointed out. In this first stage, the sovereignty for the airspace over their countries is absolute. The second stage is the period from 1978 to '1992 Open Skies Agreement' between US and Netherlands. In this regime, airlines' activities as well as state-actors' have been actuated. The third stage is the period from 1992 to the contemporary. In this stage, airlines' activities for the consumers such as 'Open Skies Agreements', 'e-commerce business', 'airspace open policy within EU area', 'service open policy of WTO', and 'airlines' strategic alliance' are the central focal points in the world aviation relationship. In the conclusion, this phenomenon of the core actors in the international aviation rules has been shifted from the states-actors to the non-states actors especially, operating airlines, or consuming customers. Finally, I' d like to suggest that international aviation regimes should be developed to promote and facilitate the globalized level for the people's movements among the global aviation society. That is the way to proceed to the welfare and peace for all human beings of the World.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.105-137
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• 2009

International Civil Aviation Convention contracted in 1944 adopted International Standards and Recommended Practices(SARPs) as Annexes to Convention for safety and order of International Air Transport and each contracting State shall establish and amend the law on the basis of the SAPRs. However, Any State which find it impracticable to comply in all respects with any such SARPs, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by SARPs shall give immediate notification to the ICAO of the differences between its own practice and that established by the SARPs and ICAO publish these difference notices as a supplement to annexes. Korea and neighboring countries contracting States with International Civil Aviation Convention are accomplishing standardization of regulation on the basis of SARPs in each State. Air Law of each State need to study on the trait and differences for safety of frequent air transport services around the Korean Peninsula, However, because Korea and Neighboring countries have differences of Air Law by reason of cultural differences and circumstance of each State. Korea and Neighboring countries mean Republic of Korea, The People's Republic of China, Japan and The Domestic People's Republic of Korea and study on Air Law of each state in this study. One of purposes of this study is to analyze the history and organization of each state and then to review how establishing own air law affect air law of each state. Another purpose is to make comparative study on differences between own regulation in Korea and neighboring countries and SARPs and then to review how the differences notice of each state affect air law of each state.

• Journal of the Korean Institute of Landscape Architecture
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• v.44 no.2
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• pp.25-36
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• 2016

This paper discusses the character of communication among participating stakeholders in the Improving Alley Landscapes in Residential Neighborhoods project. The participation of diverse stakeholders in conventional urban redevelopment is considered to delay and complicate the progress of a project. However, in urban regeneration, a field-oriented operating system and collaboration between diverse stakeholders is considered critical to building a sustainable community. A stakeholder is defined as "a person or organization that can influence decision-making or be influenced by it." This paper uses a case study to examine what types of stakeholders participate and what communicative processes and ideas are shared among them. Six neighborhoods were selected out of a total of 26 of Seoul's 2014 Improving Alley Landscapes project. This research was developed through interviews and a review of the literature. The character of communication among stakeholders in the case study is as follows. Firstly, the administration initiated the project but did not show leadership. This was caused by a gap in understanding about the project between city and borough administrations, Further, the city administration lacked experience with projects that placed an emphasis on fieldwork. Tongjand and Banjang, at ancillary institutions, acted as spokespersons and helped people in the community to understand the administrative process. However, because they led communication and used personal relationships to ensure they communicated effectively, the communication process had limits from the perspective of democratic process. Diverse stakeholders expressed their opinions in the public sphere and communicated about them using diverse media. Finally, experts produced the output, facilitated communication, and mediated in conflicts. Because new experts acted as facilitators and mediators, there was a great deal of trial and error. This project has particular significance: Seoul's city government deals with urban space rather than parks and green space, which are limited by boundaries; and whether "green" can be used for urban renovation was tested by several landscape architects, who sought to identify a new role in urban renovation, namely, the role of landscape and landscape architecture. However, the project has some limitations, including an insufficiently detailed project plan, a lack of common understanding among stakeholders, and a short timeframe. A number of stakeholders overcame these limitations to a certain degree. Officials of the Borough and the Dong managed the project and resolved civil complaints. Experts provided special information, and contributed to the design and construction of improvements.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.97-136
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• 2004

The Northeast Asian air cargo market has expanded tremendously as a result of the opening up of the Chinese market. The importance of the Asia-Pacific region in the global air transport has also increased. The exchange of human and material resources, services, and information in Northeast Asia, which is expected to increase in the near future, requires that the airlines operating within this region adopt a more liberalized approach. This paper introduced alternatives which can be applied to the Northeast Asian airlines industry so as to bring about the integration of regional air transport: First, this paper found a need for individual Northeast Asian nations to alter their policies towards the airlines industry. Second, each country should further liberalize their respective domestic air transport. Third, there is a need for freer air service agreements to be signed between the nations of Northeast Asia. Fourth, the strategic alliances between the airlines operating in Northeast Asia should be further strengthened. Fifth, this liberalization process should be carried out in an incremental manner, beginning with more competitive airports and routes, or with less-in-demand routes. Sixth, there is a need for a shuttle system to be put into place between the main airports in China, Korea, and Japan. Seventh, these three nations jointly develop aviation safety and security systems that are in accordance with international standards. Eighth, the liberalization process of the aviation industry should be undertaken in conjunction with other related fields. Ninth, organizations linking together civil aviation organization in the Asia-Pacific area should be formed, as should each government linking together. By doing so, these countries will be able to establish regular venues through which to exchange opinions on the integration and liberalization of the air cargo market so as to induce the gradual liberalization of the actual market. The liberalization of the air transport in Northeast Asia will prove to be a daunting task in the short term. However, if the Chinese airlines continue to exhibit continuous growth and Japanese airlines are able to complete their move towards a low-cost structure, this process could be completed earlier than expected. Over the last twenty five years the air transport has undergone tremendous changes. The most important factor behind these changes has been the increased liberalization of the market. As a result, rates have decreased while demand has increased. This has resulted in turning the air transport industry, which was long perceived as an industry in decline, into a high-growth industry. The only method of increasing regional exchanges in the air transport is to pursue further liberalization. The country which implements this liberalization process at the earliest date may very well emerge as a leading force within the air transport industry.

• Journal of the Korean Institute of Landscape Architecture
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• v.39 no.3
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• pp.83-97
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• 2011

The purpose of this study is to perform a gap analysis between public-private partnership urban parks of Korea currently in their initial stage and various foreign cases that have been established in terms of planning(formation of public-private partnership${\rightarrow}$creation of parks${\rightarrow}$operation and management of parks) and to propose improvements for each process of planning. As a result of the gap analysis on domestic and foreign public-private partnership urban parks, the future course to be followed by urban Korean parks can be summarized as follows. First, if the public-private urban parks that exist at present were led by a single or small number of partners centered on local government entities, urban parks from that point on must be created and managed based on efficient multi-sector partnerships. Since urban parks are public spaces where public benefit is more important than profit, diverse voices of public-private sectors must be reflected with a long-term perspective. Second, urban parks are not a place to be completed but a public space which continues to develop. Therefore, they must be approached with a focus on the process instead of the result. The existing concept of domestic public-private partnership is inclined to creation of urban parks. This suggests than the government had been focusing only on quantitative increase in urban parks. In order to create values as a public space for local communities, public-private partnership is also required in operation and management of urban parks. Third, public-private partnership management of urban parks can become more effective through active community participation. Participation by local communities takes long time because transition in the consciousness about values of urban parks must be presumed. Thus in Korea, non-profit organization like Seoul Green Trust should accumulate successful creation and management of small and large urban parks through public-private partnership will settle in our nation.

• Journal of the Korean Institute of Landscape Architecture
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• v.46 no.5
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• pp.1-9
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• 2018

The purpose of this study was to identify differences of perceptions for gardens and parks between experts and the general public concerning several aspects including scope, scale, publicity, artistic and scientific nature, main materials, practicality and aesthetics, executive and management systems as well as legal understanding of garden and park. The properties of garden and park were derived through literature research, and the concept, similarity, and difference of gardens and the parks were recognized by the experts and the public viewpoint was clarified by questionnaire. As for the difference in the scope of the gardens and the parks, the expert group recognized it more widely than the general public. In general, the space recognized as a garden was the rooftop green space, and urban forests were recognized as a park. In addition, the general public recognized urban forests as gardens the same as they recognized parks, and the distinction was unclear. In the expert group, the perception that gardens were small and the parks were large was more prevalent. It was generally recognized that gardens were private spaces and the parks were public spaces. In the expert group, the gardens were more personal and the parks were more apparent to the public. In the general population, functional and scientific aspects rather than artistic creativity in both gardens and parks. In addition, both the general public and experts found that parks are more complex than gardens. The garden was centered on plant material, and the park was recognized as a center where the sculptural facilities were centered, or the plant material and the sculptural facilities were properly balanced. To the experts the view of the gardens was positive. Expert groups emphasized the aesthetics of the garden, and the parks were more practical, and the general population showed similar perceptions of utility and aesthetics when comparing gardens and parks. In addition, the utility of gardens in the general publics is more emphasized than the aesthetics of the park. Regarding the executive system the park was recognized as the public sector, and the difference was larger in the expert group. As for the management system, both experts and the general public perceive the management of the park or the garden to be carried out by the supporting organization, and it is necessary to discuss the diversification of the management subject. It is found that there is a certain difference in recognition with the mixture of concepts, and there is still a big difference in legal system and perception.

• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.53-75
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• 1993

This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.135-161
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• 2014

An unmanned aerial vehicle (UAV), commonly known as a drone and also referred to as an unpiloted aerial vehicle and a remotely piloted aircraft (RPA) by the International Civil Aviation Organization (ICAO), is an aircraft without a human pilot aboard. ICAO classify unmanned aircraft into two types under Circular 328 AN/190. Unmanned aircraft, which is the core of the development of the aviation industry. However, there are also elements of the legal dispute. Unmanned aircraft are manufactured in small size, it is possible to shoot a record peripheral routes stored in high-performance cameras and sensors without the consent of the citizens, there is a risk of invasion of privacy. In addition, the occurrence of the people of invasion of privacy is expected to use of civilian unmanned aircraft. If the exposure of private life that people did not want for unmanned aircraft has occurred, may occur liability to the operator of unmanned aircraft, this is a factor to be taken into account for the development of unmanned aircraft industry. In the United States, which is currently led by the unmanned aircraft industry, policy related to unmanned aircraft, invasion of privacy is under development, is preparing an efficient measures making. Unmanned aircraft special law has not been enforced. So there is a need for legal measures based on infringement of privacy by the unmanned aircraft. US was presented Privacy Protection Act of unmanned aircraft (draft). However Korea has many laws have been enacted, to enact a new law, but will be able to harm the legal stability, there is a need for the enactment of laws for public safety of life. Although in force Personal Information Protection Law, unmanned aerospace, when the invasion of privacy occurs, it is difficult to apply the Personal Information Protection Law. So, it was presented a privacy protection bill with infringement of privacy of unmanned aircraft in the reference US legislation and the Personal Information Protection Act.

• Journal of the Korean Geographical Society
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• v.31 no.2
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• pp.213-254
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• 1996

The Korean Geographical Society was founded in 1945, when Korea was liberated from the Japanese rule. And The Journal of the Korean Geography activated academic studies of geography by publishing research papers in it. Professor Kang, Dae-Hyun wrote the first two specialized papers of rural geography in 1966: " Flood Plain Settlements on the Han River" and "The Location and Form of the Dispersed Villages around Dae-Cwan-Ryung". The early studies of rural geography were not based on serious academic foundations, such as the adjustment of theoretical notions and a good grasp of subjects. After choosing subjects that came to hand without academic consideration. they simply enumerated generalized items of the results of the field work investigation such as the location the landscape and the process of formation of the settlements. In the 1970s and 1980s, however, rural settlement studies progressed remarkably in Korea. More than 80% of 318 dissertations, theses, or papers collected for this review were written in the late 1980s, and the subjects and methodology became diversified. As may be expected, recent studies are found very systematic and problem-solving in the various fields - contexual understanding spatial structure, the development of clan villages according to the socialization process, the effects of rural-out migration on the change of villages etc. Such a trend can be understood as a reaction to the circumstances under which, as the Western society already experienced, rural villages become washed out by the waves of industralization and urbanization and hardly continue to exist. In this paper, geographical studies of rural settlement which have been carried out in Korea last fifty years will be reviewed under the four headings on the studies related to a) farming villages; b) fishing villages; c) mountain villages: and d) special function villages. Studies of farming villages and related ones are very diverse. The results of the studies carried out last fifty years can be classified into sixteen subjects. Just as, in the West, studies of rural settlement have been mainly concerned with farming villages since rural geography came into being, so, in Korea, they have been centred on farming villages. It is a natural result considering the history of human life. Even in Korea, however the rural settlement is no more an isolated life space which keeps unique traditions of old life style, but it begins to form a dynamic life space connected to big cities by heavy traffic. Because the modern farming villages of Korea have an undetachable connection with the cities, special methodology to solve new problems has been posed in the studies of rural settlement. Many scholars have produced a lot of studies of farming villages, and three of them are prominent: Oh. Hong-Seok, Choi, Ki-Yeop, and Lee, Moon-Jong. Oh, Hong-Seok is a versatile and hard-working scholar who has published more papers than anyone else in the various fields of rural geography such as farming villages, fishing villages, mountain villages, and reclamation villages. And he has expanded his concerns to environment issues in recent years. Choi, Ki-Yeop has maintained that the prototype of Korean rural villages is clan villages continuing to write a series of good papers in which he pursues their regionalizion in the process of socialization. Lee, Moon-Jong divides the spatial organization of side settlement, sahachon (settlement near the temple), religion settlement, orchard settlement, settlement near the foreign military camp, displaced people's settlement. Chung Gam Lok settlement, etc. Though The Korean Geographical Society has half a century's history, academic activties in the field of rural settlement have been performed no more than thirty years. We cannot help saying that it is admirable that in such a rather short time we have five academical schools of the rural geography in Korea. geography in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.193-222
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• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.