• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.29 no.4
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• pp.562-570
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• 2019

Objectives: Rapid Intervention Crews (RIC) are indispensable for rescuing firefighters who are lost or trapped. They are included in Disaster Scene Standard Operating Procedures. This study was conducted to examine the use of RIC at emergency scenes in South Korea. Methods: We conducted a nationwide survey of 4,913 firefighters in South Korea. The firefighters' experiences of use of RICs were assessed by asking, "How often are RICs available at fires?" Results: A full 40.8% of firefighters answered that they 'never' have RICs available at fires. Another 8.4% responded that they 'always' have RICs available, which is much lower than the rate among US firefighters (19.9%). RICs are available more often for firefighters in the capital area than for firefighters outside the capital area (13.4% vs. 5.1%, p<0.001). The larger the jurisdiction served, the more likely the firefighters were to have RICs available (p<0.001). Conclusions: These results imply that firefighters in South Korea are at risk. It is necessary to recruit personnel to improve the use of RICs and to explicitly include RICs in SOPs, training, and business plans.

• Journal of the Korean Association of Geographic Information Studies
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• v.23 no.3
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• pp.161-173
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• 2020

This study analyzed local imbalances in the supply and demand of emergency medical services in Busan using the 119 emergency activity reports of the Busan Fire & Disaster Headquarters. The data for EMS activity reports in 2017 was converted into Jimgyegu units. The spatial distribution of the indicators representing the local imbalance of emergency demand and supply (number of reports, number of reports relative to the population, average coefficient of variation and outlier of on-site arrival time, and number of dispatches outside the jurisdiction) was analyzed using Hotspot analysis of GIS spatial statistics analysis. As a result of the analysis, the hot spot area and the cold spot area where both supply and demand of emergency services are concentrated were clearly distinguished. This means that the supply and demand of emergency services in Busan are locally unbalanced. In particular, there was a difference in the demand and supply of emergency services in the original downtown and its surrounding areas, and in the outskirts of Busan.

• Journal of Arbitration Studies
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• v.29 no.1
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• pp.3-29
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• 2019

A franchise business is a business in which the owners, or "franchisors," sell the rights to their business logo, name, and model to third party retail outlets, owned by independent, third party operators, called "franchisees." There are a number of features in franchising or terms in franchise agreements that may lead to disputes between franchisors and franchisees. These disputes may arise because of underlying risks in the franchise relationship, franchise agreement, or conduct of the parties. In this case, ADR is an effective way to resolve disputes in a quicker and often less costly way than having to go to court. If an agreement cannot be reached through mediation, then arbitration becomes the next step to resolving the differences. Whereas mediation is non-binding and focused on facilitating the parties to find a resolution that is acceptable to both, arbitration is binding and may result in a decision that is not acceptable to one of the parties. These situations can be resolved through experienced arbitration as arbitration allows franchisees to settle matters promptly and outside of the public eye. In addition, franchise dispute arbitration is usually less costly than going to traditional court. Considering all of these, reaching an agreement will also have typical clauses that address the issue of dispute resolution. It is again a more efficient process than going through the legal process and courts and is often less costly. By going through arbitration, the parties agree to give up their rights to pursue the dispute in the courts. However, there is a problem that the arbitration prior to the agreement and under the terms would be contrary to the restriction of jurisdiction under the "ACT ON THE REGULATION OF TERMS AND CONDITIONS" in Korea.

• Fire Science and Engineering
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• v.31 no.5
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• pp.107-116
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• 2017

Fires in tunnels are an international concern and fatal accidental fires in tunnels seem to occur on annual. They have the potential to become much worse int the future as more and longer tunnels are constructed and as traffic densities increase. This is a serious problem. The main purpose of this study is to develop operational procedures for fire brigades in road tunnel fires. This study discussed the past to see what can be learned from the incidents that have already done in tunnels. 73 cases of road tunnel fires domestic and outside of Korea were investigated and classified into 4 incident categories. Among them, 4 tunnel fires are highlighted, focusing on the activities of fire brigades and operation. Regarding the establishment of the strategies for fire fighting, 6 kinds of fire scenario curves have been deducted with regard to the relation between intervention time and heat release rate. It made the choice from the defensive or aggressive fire fighting activities depending on two criteria i.e. response limit and maximum response time. Road Tunnel Classification models can be useful when a fire brigade evaluates fire risk levels in the tunnels under its jurisdiction from the firefighting point of view and sets up preventive measures.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.2
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• pp.143-156
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• 2014

We reviewed investigation status on turbidity plume in the statement of marine environmental survey(2008 to 2012) associated with marine sand extraction projects. The survey statement from seven marine sand extraction sites (extraction area of Southern EEZ, extraction area of Western EEZ, relocation zone in the Western EEZ, sea area under jurisdiction of Taean-gun, sea area under jurisdiction of Ansan City, and two discrete sea areas under jurisdiction of Ongjin-gun) in the nearshore and offshore of Korea showed that in situ observations were carried out for the dispersion and transport of suspended sediments on two areas (One is a extraction area in the EEZs, the other is an area of coastal sites). However, sampling station and range have not been selected considering physical, geographical factors (tide, wave, stratification, water depth, etc.) and weather conditions (wind direction and velocity, fetch, duration, etc). Especially turbidity plumes originating from three sources, which include suspended sediments in overflow(or overspill) discharged from spillways and reject chutes of dredging vessel, and resuspended sediments from draghead at the seabed, may be transported to a far greater distance outside the boundary of the extraction site and have undesirable impacts on the marine environment and ecosystem. We address that behaviour of environmental pollutants such as suspended solids, nutrients, and metals should be extensively monitored and diagnosed during the dispersion and transport of the plume. Finally we suggest the necessity to supplement the current system of the sea area utilization consultation and establish the combined guidelines on marine sand extraction to collect basic data, to monitor cumulative effects, and to minimize environmental damages incurred by the aftermath of sand extraction.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.3-31
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• 2017

On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

• Journal of Legislation Research
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• no.53
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• Journal of the Korean Society for Library and Information Science
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• v.16
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• pp.281-327
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• 1989

This dissertation is presented in two major parts. The first part presented in Chapter 3 attempts to verify the major hypothesis of the present study that the research and development laboratories(hereafter referred to R&D laboratories), establishd withine industrial firms to develop new technologies needed for their own industrial activities, may have another but very important functions to bring information on the externally generated technologies to attention of their respective management decision makers, eventually resulting in the transfer of technology; and such information functions of the R&D laboratories may be better performed by well-organised laboratories than by poorly-organised ones. The second part presented in Chapters 4, 5, 6 and 7 discusses, after the preceding hypotheses has been verified, some desirable situations of the R&D laboratories in facilitating the flow of information on new technologies developed in the world into their industrial firms, centering on the organisational positions and the major fields of interest of the person in charge of the R&D centers, services of the library and technological information office supporting the R&D laboratories, and frequencies of direct contacts of research and development workers with experts in the world and of participation in various conferences, seminars, workshops, exhibitions, etc. Now that there is no recognised instrument and method available for direct measurement of volume of technological information transfered into a particular industrial firm, the number of technologies introduced into a given firm is employed in the present study as an analogous parametre indicating volume of technological information transfered into the firm during a particular period of time. A logical attempt to justify the use of the indirect paramentre is made in Chapter two. vidences needed to verify the hypotheses of the present study are collected through the various publications of the Korea Industrial Research Institutes and other agencies and institutions related to industrial research activities, and through responses to the questionnaire posted to a sample of the 66 R&D laboratories on 6 May 1987 and returned by 30 August of the same year. Some findings and conclusions made in the study are summarised as follows: (1) More information on externally developed technologies flows into the industrial firm with a R&D laboratory of its own than into the industrial firm without one, and naturally, more chances of transfer of technologies are given to the former than to the latter (see 3. 2) (2) After establishing an R&D laboratory, more technological information flows into the industrial firm than before establishing one (see 3. 3) (3) More technological information flows into the industrial firm with a well-organised R&D laboraory than into the firm with a poorly-organised one (see 3. 4) (4) More technological information flows into the ndustrial firm where the director of its R&D laboratory has status qualified to participate in the highest managerial decision making processes of the firm than into the industrial firm where the director does not have such status (see 4. 2) (5) More technological information flows into the industrial firm where the director of R&D laboratory does not hold other positions within the firm than into the industrial firm where the director holds other positions (see 4.3) (6) There is evidence showing that quantities of technological information transfered into industriali firms vary with the case that the major background of the director of the R&D laboratory is the same as the main field of R&D activities of his or her laboratery, the case that the director's background is partly related to the field of R&D activities of the laboratory, and the case that the director's major background is different from the field of R&D activities of the laboratory (see 4.4) (7) More technological information flows into the industrial firm with the director of its R&D laboratory appointed from among professional research and development workers than into the industrial firm with the director of its R&D laboratory appointed from among general managers (see 4.5) (8) More technological information flows into the industrial firm with its R&D laboratory which has established a library service unit within its own jurisdiction than into the industrial firm with its R&D laboratory which has established a library service unit within its own jurisdiction than into the industrial firm with its R&D laboratory which uses a library within the firm but outside the laboratory (see 5. 1) (9) More echnological information flows into the industrial firm with a technological information office of its own than into the industrial firm without such an office (see 5. 2) (10) More technological information flows into the industrial firm with a large research and development staff in its R&D laboratory than into the industrial firm with a small staff in its R&D laboratory (see 5. 2) (11) More technological information flows into the industrial firm with its R&D laboratory whose staff members more frequently contact experts in the conferences, seminars, symposiums, and workshops held in foreign countries and novelties in the world's major exhibitions than into the industrial firm with its R&D laboratory whose staff members less frequently contact such experts and novelties (see 6. 2 ; 6. 3)

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.261-301
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• 2016

Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.

• Korean Security Journal
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• no.29
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• pp.163-191
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• 2011

Recently, the problems in school violence did not stop on the crime between the members at the school and which developed into the invasion crime of the school caused by outsiders. The school is no more the safety zone from the crime. Particularly, in the case of the elementary school, because there are nearly no people who oppose to the outside attacker and can control this, it is the place where it is vulnerable to the invasion crime. The Metropolis of Seoul implements the School Sheriff system within the jurisdiction bureau, in the public elementary school. However, actually the School Sheriff business is being managed, never applying a rule in the Security Industry Law with the main content, that is the Security Industry Law application is excluded. Because the jurisdiction on the contract of Seoul City and operating company are run, the various issues is caused. First, since it is not being considered as a security business, the commercial liability insurance for security company has no chance to applicate when the operation company and the School Sheriff have related damage generation. So the security for the indemnification of loss of the victim is weak. Second, The task of the School Sheriff is ruled just by in the individual contracts. But it is insufficient with this thing. The related duties are required some supplement like a general rule application including the obligation of the guard in the security industry law. Third, the education of the School Sheriff needs to connect with the educational programme in the security industry law. The related professional education specially needed for the prevention of school violence ought to be reserved compensation. Forth, the citizens still demand the strengthening of police patrol for the surroundings of a school in spite of the result of Seoul City's public survey. Therefore, the active relation of cooperation with the police needs to be supported legally and institutionally with the Security Industry Law application. Fifthly, the success of the School Sheriff business can be more guaranteed with the supervision of the legal and institutional device like a the Security Industry Law application or police and all sorts of administrative execution's and etc.