• Title/Summary/Keyword: 배상

Search Result 1,939, Processing Time 0.039 seconds

International Space Law on the Protection of the Environment (환경보호에 관한 국제 우주법연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.25 no.1
    • /
    • pp.205-236
    • /
    • 2010
  • This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

  • PDF

The Study on Aviation Crime in Aviation Safety and Security Act of Korea ("항공안전 및 보안에 관한 법률"에 있어서 항공범죄에 관한 연구)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.25 no.1
    • /
    • pp.27-54
    • /
    • 2010
  • Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

  • PDF

U.S. Rules on Enhancing Airline Passenger Protections (미국 연방법규상 항공여객보호제도에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.28 no.2
    • /
    • pp.63-96
    • /
    • 2013
  • Recently, U.S. Department of Transportation (DOT) expanded the "Enhancing Airline Passenger Protections" on August 23, 2011 and October 24, 2011. The Rule regulates tarmac delays, denied boarding compensation, customer service plans, and fare advertising. The adopted rule is to protect passengers by improving passenger service requirements on U.S. national or domestic carriers and foreign air carriers as well. The major issues are as follows: First, regarding to so called Tarmac Delay, carriers must establish a Tarmac Delay Contingency Plan setting forth the number of hours the carrier will permit an aircraft to remain on the tarmac at U.S. airports before allowing passengers to deplane. Carriers also must provide passengers with food and water in the event the aircraft remains on the tarmac for two or more hours and must provide operable lavatories and medical attention while the aircraft remains on the tarmac, irrespective of the length of the delay. Carriers also must create and retain records regarding tarmac delays lasting more than three hours. Also they need to update passengers every 30 minutes during a tarmac delay of the status of the flight and the reason for the delay, allow passengers to deplane if the aircraft is at the gate or another disembarkation area with the door open. Second, carriers now must adopt a "Customer Service Plan" that addresses offering customers the lowest fares available, notifying customers about delays, cancellations, and diversions; timely delivery of baggage; accommodating passengers' needs during tarmac delays and in "bumping cases"; and ensuring quality customer service. Third, the new regulations also increase minimum denied boarding compensation limits to $650 / $1,300 or 200% / 400% of the fare, whichever is less. Last, the DOT also has modified its policies related to enforcement of Rules pertaining to full fare advertising. The Rule states that the advertised price for air transportation must be the entire price to be paid by the customer. Similarly, Korea revised the passenger protection clauses within Aviation Act. However, it seems to be required to include various more issues such as Tarmac Delay, oversales of air tickets, involuntary denied boarding passengers, advertisements, etc.

  • PDF

Detection of Y Mosaicism in Blood and Gonad of Patients with Gonadal Dysgenesis (성선 이형성 환자 혈액 및 성선 조직에서 Y 염색체 모자이시즘의 진단)

  • Kim, Jin-Yeong;Lee, Sang-Joon;Park, Ki-Hyun;Kim, Jung-Yeon;Bai, Sang-Wook;Lee, Byung-Seok;Kim, Se-Kwang;Kim, In-Kyu;Cho, Dong-Je;Song, Chan-Ho;Kim, Jae-Wook;Lee, Ho-Joon
    • Clinical and Experimental Reproductive Medicine
    • /
    • v.26 no.3
    • /
    • pp.457-465
    • /
    • 1999
  • Objective: The presence of Y chromosome in patients with gonadal dysgenesis is related to the risk of gonadoblastoma. Since the patients with abnormal sexual differentiation may have cryptic Y mosaicism, it is important to detect the presence of Y material in these patients. But sometimes it is difficult to detect Y material only with karyotyping. This study was performed to evaluate the usefulness of the SRY gene screening in blood and gonad by using PCR in detecting the presence of Y material and possible tissue mosaicism in patients with gonadal dysgenesis as Turner syndrome and 46,XY pure gonadal dysgenesis (PGD, Swyer syndrome). Method: In 26 patients with gonadal dysgenesis, we screened for Y material by using PCR for SRY gene in peripheral leukocytes and in gonadal tissues of some patients. They were 22 cases of Turner syndrome (7 45,XO, 2 46,Xi(Xq), 3 45,XO/46,XX, 5 45,XO/46,Xi(Xq), 1 45, XO/46,XY, 1 45,XO/46,Xi(Yq), 1 45,XO/47,XYY, 1 46,XX,del(X)(q24) and 1 46,X,+mar) and 4 cases of 46,XY pure gonadal dysgenesis. PCR for SRY gene in the gonadal tissue was performed in 5 Turner syndrome and 2 PGD to determine the cryptic Y mosaicism between blood and gonad. Results: By using PCR analysis for SRY, Y chromosome material was detected in the blood of 4 of 22 Turner syndrome patients (45,XO/46,Xi(Xq), 45,XO/46,Xi(Yq), 45,XO/46,XY, and 45, XO/47,XYY), 3 of 4 46,XY pure gonadal dysgenesis. Discrepancy between karyotyping and blood PCR for SRY was noted in 1 Turner syndrome (45,XO/46,Xi(Xq)) and 1 PGD. Laparoscopic gonadectomy was performed in Y containing or SRY positive cases. In addition, PCR analysis for SRY in the gonads of 5 Turner syndrome and 2 PGD showed discrepancy between blood and gonad or between both gonads in 3 Turner syndrome (45,XO/46,Xi(Xq), 45,XO/46,Xi(Y q), 45,XO/46,XY) and 2 PGD patients. Conclusion: In gonadal dysgenesis, PCR analysis for SRY gene is useful to detect the cryptic Y mosaicism that is sometimes undetected by karyotyping. And since there may be tissue mosaicism, it is necessary to evaluate Y mosaicism in various tissues even in the case without Y chromosome on karyotyping.

  • PDF

Health Lifestyle Patterns of Seoul Adults (서울 일부지역 성인의 건강생활양식 유형연구)

  • Lee, Hwa-Kyung;Lee, In-Young;Kim, Eun-Mi;Lee, Hun-Jae;Bae, Sang-Soo
    • Journal of agricultural medicine and community health
    • /
    • v.31 no.2
    • /
    • pp.145-156
    • /
    • 2006
  • Objectives: Health behaviors are related to each other, or they may be essentially dependent upon each other. Hence the overall health behaviors of a given population could be better described in terms of health lifestyle patterns. This paper tried to classify such patterns in a sample population and suggest the socioeconomic and demographic characteristics of each groups. Methods: A sample population comprised of 2,775 adults who reported their health behaviors in a public health survey were classified according to their smoking, drinking, diet, and exercise related pattern of behaviors. Clustering analysis was used to classify them. Results: Six health lifestyle patterns were identified. Individuals in the passive lifestyle cluster (48.3%) had no active health promoting activities, but did avoid risk taking health behaviors. 24.8% of the sample (Health promoting lifestyle) had an overall healthy lifestyle. 13.5% of the sample were in the smoking cluster, and 8.4% were in the alcohol drinking cluster. The hedonic lifestyle (4.5%) was characterized by heavy smoking, alcohol drinking and poor diet and exercise. 0.7% of the sample (Smoking-Drinking lifestyle) had heavy smoking and drinking, but good diet and exercise. Each group could be characterized by sex, age, and income. Conclusions: A population sample of Seoul adults were successfully clustered into six health lifestyles. The socioeconomic and demographic characteristics were suggested for the characterization of the each health lifestyle groups. We can approach to a certain target population with specific strategy.

  • PDF

The Effect of Metabolic Syndrome Management Program in a Public Health Center (일개 보건소 대사증후군 관리프로그램의 효과분석)

  • Seo, Jae-Ryoung;Bae, Sang-Soo
    • Journal of agricultural medicine and community health
    • /
    • v.36 no.4
    • /
    • pp.264-279
    • /
    • 2011
  • Objectives: The aims of this study were to evaluate the effect of a metabolic syndrome management program on participants enrolled in a public health center program in, Seoul, Korea for 6 months and to analyze the changes in their life habits and risk factors for treating their metabolic syndrome. Methods: Participants enrolled in a metabolic syndrome program at a public health center and answered questionnaires. Their waist circumference and, blood pressure were measured and their blood was tested. Based on the results, the participants were classified into 3 groups. Then, the center provided a metabolic syndrome management intervention program for the individual groups and analyzed the changes in participants' life habits and risk factors after 6 months. Results: After the intervention, the active group, showed improved physical activity, increased eating habits by 0.7 points, and decreased drinking and smoking; however, these results were not statistically significant. As for the Participants' overall health status, all groups positively changed a statistically significant result. In regard to the change in risk factors for metabolic syndrome in the active group, systolic and diastolic blood pressure and triglyceride levels were, statistically significantly decreased, meanwhile, an increase was found in HDL cholesterol level, waist measurement, and anteprandial glucose level; but the result were not statistically significant. Their review rate was 19.0%; 29.4% in the active group, 19.0% in motivating group A, and 14.5% in motivating group B. Conclusions: Participants showed changes in some life habits and risk factors, a result still far from the program's goal to improve residents' health status (improved living habits and variations in risk factors); thus, it is necessary to supplement this program for better performance.

Factors Associated with Relapse to Smoking Behavior Using Health Belief Model (건강믿음모형을 이용한 금연성공자의 재흡연에 영향을 미치는 요인 분석: 금연클리닉 등록자를 중심으로)

  • Kim, Hee-Suk;Bae, Sang-Soo
    • Journal of agricultural medicine and community health
    • /
    • v.36 no.2
    • /
    • pp.87-100
    • /
    • 2011
  • Objectives: This study aimed to identify factors associated with smoking relapse. Methods: The study sample was recruited among subjects who were enrolled in the smoking cessation clinic of a public health center and had succeeded in quitting smoking for at least six months. A total of 159 male subjects were followed via mail survey one year later. The independent variables in the analyses were socio-demographic characteristics, smoking history and behavior, receipt of smoking cessation aids, health behaviors and components of the health belief model (HBM). The dependent variable was smoking relapse assessed one year after quitting. Ordered logit regressions were used to identify factors associated with smoking relapse. Results: The relapse rate of the ex-smokers in our sample was 25.8%, and the occasional smoking rate was 17.0%. Univariate analyses revealed that only factors related to the HBM, such as perceived susceptibility to diseases (p<0.01), perceived severity of diseases (p<0.01), perceived health benefits of not smoking (p<0.01), perceived barriers to quitting smoking due to increasing stress and difficulty in social life (p<0.01), and self-efficacy (p<0.01) were associated with the likelihood of relapse for ex-smokers. Ordered logit analyses yielded two significant factors affecting the likelihood of relapse, the perceived barriers to quitting smoking and self-efficacy. Conclusions: Our results indicate that higher levels of barriers to quitting smoking and lower levels of self-efficacy were significantly related to risk of smoking relapse. These findings may be useful for identifying those at highest risk for relapse and choosing the optimal strategies for prevention of relapse for ex-smokers.

A Cargo Insurer's Right of Direct Action against P&I Club - Focused on Docket No.2012 gadan 503694 in Seoul Central District Court- (선주상호보험조합에 대한 적하보험자의 직접청구권 -서울중앙지방법원 2012가단503694 판결을 중심으로-)

  • Lee, Wonjeong
    • Journal of Korea Port Economic Association
    • /
    • v.30 no.4
    • /
    • pp.111-130
    • /
    • 2014
  • The article 742(2) of the Korean Commercial Code allowed the third party to invoke a direct action against the insurer under a liability insurance. Meanwhile, the owners of the vessel enter into the P&I Insurance Contract with the P&I Club to indemnify all kinds of liability or expenses involved in the operation of its vessel. However, the Rule Book under the P&I Insurance mostly included the Pay to be Paid Clause which precludes the third party's direct action. Recently, the Seoul Central District Court passed a judgement on the validity of the Pay to be Paid Clause under the Korean law against the third party i.e. the cargo insurer having the right of subrogation. The court held that (1) the third party's right of direct action is not the right to claim insurance money but the right to claim damages against the P&I Club, (2) the insurer under a liability insurance is deemed to assume liability jointly and severally with the insured against the third party, (3) the Article 742(2) of the Korean Commercial Code is considered as a compulsory provision because it was invented to protect the innocent third party, the Paid to be Paid Clause is thus null and void. The purpose of this article is to evaluate the appropriateness of this court's judgments by comparative analysis of Korean and English law, and to suggest the relevant amendments of the Korean Commercial Code in order to prevent further legal disputes. The article criticizes the decision of the Seoul Central District Court, taking the attitude that, since the third party's right is the right to claim insurance money, the Paid to be Paid Clause is valid against the third party.

Evaluation of Agronomic Characteristics and Fatty Acid Composition of Flax Germplasms (아마 유전자원의 농업적 특성 및 지방산 조성 평가)

  • Lee, Yong-Hwa;Bae, Sang-Mok;Park, Won;Kim, Kwang-Soo;Jang, Young-Seok;Lee, Kyeong-Bo
    • KOREAN JOURNAL OF CROP SCIENCE
    • /
    • v.61 no.2
    • /
    • pp.124-130
    • /
    • 2016
  • In this study, agronomic characteristics and fatty acid composition of 121 flax (Linum usitatissimum L.) germplasms were analyzed. The flax germplasms had a fairly short growth period of 75-95 days. The plant height at maturity varied from 52 to 124 cm. The flower color varied from white to lilac and even purple. Early flowering flax germplasms had white flowers and were resistant to lodging. In early flowering flax germplasms, all agronomic characteristics, including growth period, plant height, branch number per plant, stem diameter, number of capsules per raceme, seed number per capsule, 1000-seed weight, and seed yield, were decreased. The average fatty acid composition of 121 flax germplasms comprised palmitic acid (5.3%), stearic acid (4.3%), oleic acid (29.7%), linoleic acid (13.1%) and linolenic acid (46.4%). The total content of unsaturated fatty acids ranged from 84~94% with an average of 88%. Among the fatty acids, linolenic acid (omega-3) content was the highest with a range of 36~54%. In five selected flax germplasms (Hollandia 1803, Red son, C & F Res Br 1767, Wiera, and Ireland 1657) with high linolenic acid (${\geq}51%$), total lipid and protein contents were 30~36% and 5.4~6.9%, respectively. Overall, flax can practically be adoptable into cropping systems in South Korea and utilized as a scenery crop, since flax has a short cultivation period with diverse flower colors.

A Study on Measuring the Environmental Value of Gyeongnam Arboretum Using the CVM (가상가치측정법(CVM)을 이용한 경남수목원의 환경가치추정 연구)

  • Kang, Kee-Rae;Ha, Sung-Gyone;Lee, Kee-Cheol
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.39 no.1
    • /
    • pp.46-55
    • /
    • 2011
  • The importance of forests and plants are appreciated by all of us, but it is often overlooked because we are surrounded by it. The arboretum is one of facilities which provide users with education on the environment, knowledge about plants, and recreation, playing a role as a nature school by exhibiting and collecting plants of various ecosystems. Anyone can enjoy fresh air, a pleasant environment, and knowledge about a wide variety of plants on the condition that they aactually visit it and pay the entrance fee. However, it has not been measured whether the expense which users pay to enjoy an arboretum is a true value of arboretums. The environment that arboretums offer is extra-market goods, or public goods. A variety of ideas and methods to measure the value of public goods have been researched among economists, statisticians, and mathematicians. The Contingent Valuation Method(CVM) is most widely used a s an assessment method on environment goods and adopted as an estimation method for compensation for restoration of the environment by the American Supreme Court. The purpose of this study is to suggest a current monetary value correspondingent to the value of arboretums by applying the CVM. The survey suggested that when an arboretum provides a high educational value and when the respondents have a higher income, it is more likely that they would be willing to pay for entrance into the arboretum. The quantified value in monetary terms for the environmental value of Gyeongnam Arboretum is WTP mean \15,648; WTP median \13,648; and WTP truncated \15,449 per visitor. In annual terms, the amounts are calculated at WTP mean \8,408,265,024; WTP median \7,333,589,024; and WTP truncated \8,301,334,762. These quantified amounts can be thought to represent the value of conservation of arboretums and awaken users to the precious value of nature. Also, they are helpful to let the general public have proper knowledge about and recognize the value of arboretums and forests.