• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.203-203
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• 2017

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2023.05a
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• pp.175-175
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• 2023

해상구획선의 정밀도는 연안에서의 법 집행, 경제권, 해양환경 보호와 밀접한 연관이 있다. 하지만 기술적 한계로 인해 일정 수준의 오차가 존재한다. 이 연구에서는 각 분야 마다 분쟁 가능성을 살펴보고 대응방안에 대한 제안하였다.

• Journal of Science and Technology Studies
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• v.3 no.1 s.5
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• pp.105-156
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• 2003

This paper aims to explore the cause and aspect of inter-ministerial policy conflict and its coordination in science and technology policy-making with the case of science and technology basic law-making process in Korea. This law-making processes are analysed through the three periods for the last 10 years starting 1992, such as law-formulation(1st) period, interim law-making (2nd) period, and final law-making(3rd) period. Based on these steps, it tries to concretely describe the phenomenon of policy conflict and the coordination mechanism among government departments and analyses the characteristics of dynamic interaction and mutual adjustment among the related agencies. The analysis is mainly focussed on the underlying causes and determinants of policy conflict, the development and coordination process of the conflict, the strategies and logics of the conflict participants, and eliciting some policy implications for effective policy coordination among government departments. Research results are summarized as follows. First, in science and technology policy-making the main causes of policy conflict among government departments are attributed to the difference of policy-orientation and jurisdiction-orientation of each agency. During the first period, the main aspect of policy conflict was policy-oriented, during the second, the main aspects of policy conflict were both policy-oriented and jurisdiction-oriented, and during the third, policy-oriented conflict was dominant. Second, the dominant typology and strategies of policy coordination which the participants used were vertical-political and horizontal-analytic approach. During the first period, horizontal and analytical approach were used, during the second, horizontal and political approach are mixedly used, and during the third, vertical and political approach were dominantly used. Third, The Korean National Assembly and the ruling party played a pivotal role in science and technology policy-making process(the basic law-making process) in particular during the final period.

• The Journal of the Korea Contents Association
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• v.19 no.2
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• pp.121-134
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• 2019

The areas be affected maritime police authority of the Republic of Korea, are largely classified as inland waters, territorial waters, exclusive economic zone and continental shelf(hereinafter referred to as "domestic sea area") and high seas. Of these, the maritime police authority in domestic sea area follows a municipal law that accommodates the United Nations Convention on the Law of the Sea(UNCLOS). In addition, this Convention shall apply on the high seas. Meanwhile, on the high seas, foreign vessels other than domestic vessels are allowed to be subject to limited jurisdiction only for the anti-mankind criminal acts, such as piracy etc. this is in accordance with the principle of "Freedom of the high seas" and "maritime flag state," under this Convention. However, the illegal acts of foreign vessels that threaten the security of coastal states and the safety of ships on the high seas can cause many types of crimes other than anti-mankind criminal acts, and the jurisdiction of the coastal states exercised may lead to conflicts between countries. Therefore, this article would like to suggest a plan for institutional improvement to maintain international maritime order on the high seas and secure maritime police authority in coastal states.

• Proceedings of the Korean Society of Fisheries Technology Conference
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• 2002.10a
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• pp.131-132
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• 2002

새로운 UN해양법 협약의 발효로 연안국 관할권이 확대됨에 따라 해양은 자유 이용의 시대에서 분할 관리의 시대로 전환되고 있다. 이와 동시에 우리나라의 수산업은 한ㆍ일, 한ㆍ중 어업협정의 체결로 인한 어장 축소, WTO체제에 따른 수산물 시장의 전면 개방, 자원관리형 어업을 위한 조업 규제의 강화, 해양환경 오염에 따른 수산 자원의 감소 등으로 큰 어려움에 직면해 있다. 전통적인 선박에 의한 광역의 어해황정보 수집 및 광역어장의 정확한 조업위치 파악은 한계가 있다. (중략)

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.3-35
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• 2016

The United States Constitution gives power to the federal district courts to hear admiralty cases. 28 U.S.C. §.133, which states that "The district courts shall have original jurisdiction, exclusive of the Courts of the States, of any civil case of admiralty or maritime jurisdiction." However, the determination of whether a case is about admiralty or maritime so that triggers admiralty jurisdiction was not a simple question. Through numerous legal precedents, the courts have drawn a line to clarify the boundary of admiralty cases. This unique jurisdiction is not determined by the mere involvement of a vessel in the case or even by the occurrence of an event on a waterway. As a general rule, a case is within admiralty jurisdiction if it arises from an accident on the navigable waters of the United States (locus test) and involves some aspect of maritime commerce (nexus test). With regarding to the maritime nexus requirement, the US Supreme Court case, Executive Jet Aviation, Inc. v. City of Cleveland, held that federal courts lacked admiralty jurisdiction over an aviation tort claim where a plane during a flight wholly within the US crashed in Lake Erie. Although maritime locus was present, the Court excluded admiralty jurisdiction because the incident was "only fortuitously and incidentally connected to navigable waters" and bore "no relationship to traditional maritime activity." However, this historical case left a milestone question: whether an aircraft disaster occurred on navigable water triggers the admiralty jurisdiction, only for the reason that it was for international transportation? This article is to explore the meaning of admiralty jurisdiction over aviation accidents at US courts. Given that the aircraft engaged in transportation of passenger and goods as the vessels did in the past, the aviation has been linked closely with the traditional maritime activities. From this view, this article reviews a decision delivered by the Seventh Circuit regarding the aviation accident occurred on July 6, 2013 at San Francisco International Airport.

• The Science & Technology
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• v.30 no.6 s.337
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• pp.32-34
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• 1997

"대륙붕한계위원회는 앞으로 대륙붕 200마일 바깥 한계에 대한 연안국 주장을 과학적 근거와 자료를 바탕으로 심사 평가하게 될 것입니다." 지난 3월 UN대륙붕한계위원회에 위원으로 당선된 서울대 해양학과 박용안 교수의 설명이다. 우리나라의 대륙붕은 국토면적의 2.8~3.5배로 앞으로 인접국과의 관할권분쟁이 일어날 경우 박위원의 역할이 기대된다.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.279-310
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• 2015

The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

• Journal of Wetlands Research
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• v.21 no.2
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• pp.95-101
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• 2019

In tidal flats that lack plants, methane ($CH_4$) fluxes are both positive (gas emission) and negative (gas "sinking") in nature. The levels of methanotroph populations significantly affect the extent of $CH_4$ sinking. This preliminary study examined $CH_4$ flux in tidal flats using a circular closed-chamber method to understand the effects of macroinvertebrate burrowing activity. The chamber was deployed over decapods (mud shrimp, Laomedia astacina and crab, Macrophthalmus japonicus) burrows for ~ 2 h, and the $CH_4$ and $CO_2$ concentrations were continuously monitored using a closed, diffuse $CH_4/CO_2$ flux meter. We found that Laomedia astacina burrow (which is relatively long) site afforded higher-level $CH_4$ production, likely due to diffusive emission of $CH_4$ in deep-layer sediments. In addition, the large methanotrophic bacteria population found in the burrow wall sediments has $CH_4$ oxidation (consumption) potential. Especially, nitrite-driven anaerobic oxidation of methane (AOM) may occur within burrows. The proposed $CH_4$-oxidation process was supported by the decrease in the ${\delta}^{13}C$ of headspace $CO_2$ during the chamber experiment. Therefore, macroinvertebrate burrows appear to be an important ecosystem environment for controlling atmospheric $CH_4$ over tidal flats.

• The Journal of Information Technology
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• v.3 no.2
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• pp.127-137
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• 2000

Electronic commerce is the use of computers and telecommunications in the routine business transactions that most affect the basics of an organization's operations: everyday relationships with suppliers, customers, banks, insurers, distributors, and other trading partners. There are problems about the governing laws and the jurisdiction in the electronic commerce contract. This paper is to investigate the governing laws and the jurisdiction in the electronic commerce contract.