• Title/Summary/Keyword: traffic law

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A Study on the Legal and Institutional Military UAV Rules in Korea (한국의 군용 무인항공기 비행규칙에 관한 법적.제도적 운용 연구)

  • Lee, Kang-Seok;Park, Won-Tae;Im, Kwang-Hyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.117-144
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    • 2013
  • The MOLIT is also establishing the flight safety standards for UAV within the current Aviation Law. Accordingly the required flight criteria includes operator location, mission operation limit, equipment, etc. which are the principle and standard applied based on the airspace use for UAV. Also, general flight rules, visual flight rules, instrument flight rules are required to be applied to the actual flight. Besides, an appliance regulation needs to be arranged regarding two-way communication, ATC and communication issue, airspace and area in-flight between UAS(Unmanned Aircraft System) users. An operation of the UAV in the air significantly requires the guarantee of the aircraft's capacity, and also the standardized flight criteria. A safe and smooth use is ensured only if this criteria is applied and understood by the entire airspace users. For the purpose, a standardized military UAV flight operations criteria and a law complementary scheme.

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Comparison of Traffic Crash Characteristics Using Spatio-temporal Analysis in GIS-T (GIS-T 환경에서 시공간분석을 이용한 교통사고 특성 비교 - 도로 폐쇄 전후비교를 중심으로-)

  • Kim, Ho-Yong;Baik, Ho-Jong;Kim, Ji-Sook
    • Journal of the Korean Association of Geographic Information Studies
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    • v.13 no.2
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    • pp.41-53
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    • 2010
  • Traffic safety assessment is often accomplished by analyzing the number of crashes occurring in some geographic space over certain specific time duration. In this paper, we introduce a procedure that can efficiently analyze spatial and temporal changes in traffic crashes before-and-after implementation of a certain traffic controlling measure. For the analysis, crash frequency data before-and-after closing a major highway around St. Louis in Missouri was collected through Transportation Management System(TMS) database that is maintained by Missouri Department of Transportation (MoDOT). In order to identify any spatial and temporal pattern in crashes, each crash is pinpointed on a map using the dynamic segmentation in GIS. Then, the identified pattern is statistically confirmed using an analysis of variance table. The advantage of this approach is to easily assess spatial and temporal trend of crashes that are not readily attainable otherwise. The results from this study can possibly be applied in enhancing the highway safety assessment procedure. This paper also makes several suggestions for future development of a comprehensive transportation data system in Korea which is similar to MoDOT's TMS database.

Analysis of Highway Hazardous Area by Sun Glare Intensity Using GIS Simulation (GIS Simulation을 이용한 태양광에 의한 교통사고 위험지역 분석)

  • Kim, Ho-Yong;Baik, Ho-Jong
    • Journal of the Korean Association of Geographic Information Studies
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    • v.13 no.4
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    • pp.91-100
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    • 2010
  • Existing traffic safety studies have focused on identifying the relationship among roadway crashes, highway design and incremental weather condition such as rainy/ice weather. However, it is hard to find researches that studied the effect of sun glare on traffic safety although there are abundant evidences demonstrating that fatal traffic crashes are attributed to the sun glare. Affecting drivers'vision particularly during the morning or the evening time when the sun positions close to the horizon, sun glare directly deteriorate drivers'judgmental capability. In this paper, we numerically analyze the effect of sun glare on the drivers'vision in time and space domains. Applied to the roadways around St Louis area in the United States, the GIS based simulation analysis identifies the time of day in a year and the segments of highways that are potentially influenced by the sun glare. This study evidentially confirms the fact that roadway bounded for West and East directions have longer time influenced by sun glare particularly during Spring and Fall season than other roadways. The computational result provides risky time periods of day at intersections or pedestrian crossings where the sun glare potentially endangers traffic safety, which be utilized to reduce the crashes due to the sun glare.

Estimation of Parking Lot Planning and, Suggestion of Parking Planning Methods Considering Vehicle Types (차종을 고려한 주차 계획단위 산정 및 주차계획 방법 제시)

  • Kwon, Sung-Dae;Park, Je-Jin;Kim, Joong-Hyo;Ha, Tae-Jun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.31 no.6D
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    • pp.755-764
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    • 2011
  • At the present, planning and installation of parking space sections and lane width are implemented in accordance with the installation standard and parking lot structure by the enforcement regulations of the Parking Act. While large and RV (Recreational Vehicle) vehicles have increased in number recently, parking is complex with improper installation standards. It causes serious problems, including vehicle vandalism, increased civil complaints, travel inconveniences for parking lot users, management and maintenance issues for parking lots, and so forth. The study, therefore, determined that the practical and appropriate realignment of parking unit adjustment and lane width regulations are essential. The study conducted prior review on domestic parking sections and change cases of composition by vehicle types, including the component ratio of domestic and foreign vehicles, width of vehicle by types in order to examine the parking problems that account for a increasing social issues, and provided parking plan methods by types of vehicle, as well as reform and reaction plans for parking unit adjustment and lane width considering security and smooth traffic flow. After comparing and analyzing between estimated installation of parking space and lane width and internal and external cases, the study suggests the improvement that considers expenses and convenience of a driver. Also, it shows installation of parking space that considers traffic safety, improvement of lane width, and parking way depends on vehicle types. By providing estimation for parking planning and parking planning methods that secure safe and smooth traffic flow within a parking lot, the study will contribute to the development of improved alternatives for cost-effective traffic safety and set-up structure, including installation standards of parking lots.

Introduction to Maritime Safety Audit(MSA) and it's Guidelines (해상교통안전진단제도 및 기술기준 소개)

  • Cho, Ik-Soon;Lee, Sang-Jin;Kim, In-Chul;Hwang, Eui-Seon;Lim, Kwang-Tae
    • Proceedings of KOSOMES biannual meeting
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    • 2009.06a
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    • pp.79-84
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    • 2009
  • Recently, the degree of navigating vessel's risk is increasing significantly by growing of vessel's volume and increasing of marine facilities, marine bridges and port development etc. As a result, Ministry of Land, Transport and Maritime Affairs generalized formal Maritime Safety Audit as a comprehensive maritime traffic safety management system in order to ensure safety improvements from the planing to maintaining of the development which influence to maritime traffic environment. A MSA is a formal safety performance examination of an existing or future fairway by an audit team. It qualitatively estimates and reports on potential risk of Maritime traffic safety and identifies the measure for improving in safety of human life and preservation of environment. This paper introduced the outline of MSA policy as the guideline for making audit reports is on its developing which is mainly processed by Maritime Safety Research Center, KST in cooperation with KMU, MMU and KORDI.

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A Study on the Development of Marine Traffic Risk Model for Mariners (선박운항자 해상교통위험도 모형 개발에 대한 연구)

  • Heo, Tae-Young;Park, Young-Soo;Kim, Jong-Sung
    • Journal of Korean Society of Transportation
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    • v.30 no.5
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    • pp.91-100
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    • 2012
  • Although Korea's coastal areas increasingly experience marine accident due to frequent ship encounters, increased vessel traffic and large vessel, there is a no specific model to evaluate the navigating vessel's risk for the given situation. The maritime transport environmental assessment is necessary due to the amended marine traffic law. However, marine safety diagnosis is now evaluated by foreign models. In this paper, therefore, we suggest a domestic model catering to and reflecting the characteristics of Korea's costal areas as well as those of vessel navigator's risk. We can evaluate subjective risks using this model, and can establish the model output as maritime risk exposure assessment system. We have performed analyses of variance and multiple comparison to identify the factor affecting subjective risks. As a result, measurable subjective risks of maritime traffic accident based on our suggested model can be expressed using the maritime risk exposure assessment system with geographic information system.

Study on the Evaluation Method of Autonomous Vehicle Driving Ability Based on Virtual Reality (가상환경 기반 자율주행 운전능력 평가방안 연구)

  • Kim, Joong Hyo;Kim, Do Hoon;Joo, Sung Kab;Oh, Seok Jin
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.20 no.5
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    • pp.202-217
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    • 2021
  • Following the fatal accident of pedestrians caused by Autonomous Vehicle by Uber, the world's largest ride-hailing company, two people were killed in a self-driving car accident by Tesla in April. There is a need to ensure the safety of road users. Accordingly, in order to secure the safety of Autonomous Vehicle driving, it is necessary to evaluate Autonomous Vehicle driving technologies in various situations based on the road and traffic environment in which the Autonomous vehicle will actually drive. Therefore, this study used UC-win/Road ver.14.0 based on general driver's license test questions to present a virtual reality-based Autonomous Vehicles driving ability evaluation tool among various driving ability test method. Based on this, it was intended to test driving ability for unexpected situations in complex and diverse driving environments, and to confirm its practical applicability as an optimal tool for Autonomous vehicle ability test and evaluation.

The International Civil Aviation Organization and Recent Developments of Air Law in a Changing Environment (변환기(變換期)에 있어서의 국제민간항공기구(國際民間航空機構)(ICAD)와 항공법(航空法) 발전(發展)의 최근(最近) 동향(動向))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.7-35
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    • 1992
  • The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

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A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • Journal of Legislation Research
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    • no.55
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    • pp.167-191
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    • 2018
  • Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

The Present State of Domestic Acceptance of Various International Conventions for the Prevention of Marine Pollution (해양오염방지를 위한 각종 국제협약의 국내 수용 현황)

  • Kim, Kwang-Soo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.12 no.4 s.27
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    • pp.293-300
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    • 2006
  • Domestic laws such as Korea Marine Pollution Prevention Law (KMPPL) which has been mae and amended according to the conclusions and amendments of various international conventions for the prevention a marine pollution such as MARPOL 73/78 were reviewed and compared with the major contents of the relevant international conventions. Alternative measures for legislating new laws or amending existing laws such as KMPPL for the acceptance of major contents of existing international conventions were proposed. Annex VI of MARPOL 73/78 into which the regulations for the prevention of air pollution from ship have been adopted has been recently accepted in KMPPL which should be applied to ships which are the moving sources of air pollution at sea rather tlnn in Korea Air Environment Conservation Law which should be applied to automobiles and industrial installations in land. The major contents of LC 72/95 have been accepted in KMPPL However, a few of substances requiring special care in Annex II of 72LC, a few of items in characteristics and composition for the matter in relation to criteria governing the issue of permits for the dumping of matter at sea in Annex III of 72LC, and a few of items in wastes or other matter that may be considered for dumping in Annex I of 96 Protocol have not been accepted in KMPPL yet. The major contents of OPRC 90 have been accepted in KMPPL. However, oil pollution emergency plans for sea ports and oil handling facilities, and national contingency plan for preparedness and response have not been accepted in KMPPL yet. The waste oil related articles if Basel Convention, which shall regulate and prohibit transboundary movement of hazardous waste, should be accepted in KMPPL in order to prevent the transfer if scrap-purpose tanker ships containing oil/water mixtures and chemicals remained on beard from advanced countries to developing and/or underdeveloped countries. International Convention for the Control if Harmful Anti-Fouling Systems on the Ships should be accepted in KMPPL rather tlnn in Korea Noxious Chemicals Management Law. International Convention for Ship's Ballast Water/Sediment Management should be accepted in KMPPL or by a new law in order to prevent domestic marine ecosystem and costal environment from the invasion of harmful exotic species through the discharge of ship's ballast water.

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