• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.3
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• pp.180-185
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• 2018

The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

• Proceedings of the Korea Contents Association Conference
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• 2006.05a
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• pp.322-326
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• 2006

There are the road of the artificial government property and rivers of the natural government property in representative Public Facilities applied National Reimbursement Law. Art.5. Doctrine on Responsibility of Public Facilities. Recently damage of a people has frequently been occurring caused by the flood of rivers and the flood disaster, and a people tends to request national reimbursement regarded it not as a natural disaster but as a man-made disaster. Especially the flood repeatedly occurred by the flood of rivers and destructive of the embankment of rivers, and it is also occurring in repairing rivers. Therefore a nation have to take responsibility of compensation for damage because of defect of conservation of rivers, and pay attention to improving the facilities of conservation and at the same time expand the range of responsibility. Thus the range of this study limits the national reimbursement of conservation of rivers among National Reimbursement Law. Art.5. Compensation for Damages on Defect about an Establishment and Management of public Facilities. Within this range, the objection of this study is to seek controversial issues and solutions, which belong with national reimbursement responsibility about conservation of rivers, as every principle of law and precedent coming under natural government property about compensation for damages caused by defect of conservation of rivers is analyzed and examined.

• 방재와보험
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• s.115
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• pp.14-19
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• 2006

PL보험(제조물배상보험-보험업계에서는 생산물배상책임보험이라고 부른다.)은 제조물의 결함으로 인한 피해를 담보하는 보험이다. 이는 전통적인 배상책임보험의 한 종류로 다른 보험에는 없는 독특한 특징을 몇 가지 갖고 있다. 이러한 특징들은 당초 제조물책임법의 제정 취지인 '소비자 보호'라는 측면과도 상당한 연관성이 있다고 하겠다.

• Product Safety
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• no.3 s.147
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• pp.48-51
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• 2006

소형믹서 결함으로 인한 피해배상 요구/옥매트 장시간 켜놓아 불 제조사·사용자 절반의 책임/세라믹팬히터로부터라고 생각되는 화재로 주택 전소/믹서기 안전 성 결여에 의한 어린이 상해배상 요구/전기보온포트의 뜨거운 유출로 인한 화상 치료비 배상요구 건

• 월간 기계설비
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• no.10 s.219
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• pp.46-47
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• 2008

추가공사 발주를 미끼로 하도급 대금을 일률적으로 인하하고 다량 발주를 전제로 하도급 대금을 부당하게 감액하는 등 불법.불공정 하도급행위에 대해 법원이 철퇴를 가했다. 광주지법 순천지원 제1민사부(재판장 선재성 부장판사)는 모 하도급업체가 하도급대금미지급 및 부당한 하도급 대금 결정 등으로 손해를 봤다며 자신과 거래한 원도급업체를 상대로 제기한 손해배상 청구 소송에서 "원도급자는 하도급자에게 미지급 공사대금 3억8천600만원과 부당한 하도급 대금 결정에 따른 손해배상금 1억1천500만원, 계약부당 파기로인한 손해배상금 4천200만원 등 5억4천300여만원을 배상하라"고 원고 승소 판결을 내렸다고 밝혔다. 이번 재판은 법원이 하도급대금 미지급 분만 아니라 그 동안 하도급업계에 관행으로 여겨졌던 추가공사 발주를 미끼로 한 하도급대금 감액, 부당 계약해지, 추가계약 교섭 일방파기 등에 제동을 건 것이어서, 앞으로 하도급대금 결정 과정에 상당한 영향이 미칠 것으로 보여져 그 파장이 클 것으로 예상된다.

• Tuberculosis and Respiratory Diseases
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• v.49 no.1
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• pp.37-48
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• 2000

Backgrounds : The pathophysiology of chronic airflow obstruction, such as bronchial asthma, is characterized by mucus hypersecretion, goblet cell hyperplasia(GCH), smooth muscle hypertrophy, and inflammatory cells infiltration. In fatal asthma patients, one distinct findings is mucus hypersecretion due to GCH. However, the mechanisms of GCH in these hypersecretory diseases remain still unknown. In this study, a rat model was rapidly induced with GCH by instillation of $TiO_2$, intratracheally. We intend to confirm GCH and association of concomitant inflammatory cells infiltration and to observe the effect of potent antiinflammatory agent, that is dexamethasone, on GCH with inflammatory cells. Methods : Twenty-one 8-weeks-old male Sprague-Dawley rats were divided into three groups. Endotoxinfree water was instilled intratracheally in group 1(control) ; $TiO_2$, was instilled in the group 2 ; and dexamethasone was injected intraperitoneally to group 3 before $TiO_2$ instillation. After 120 hours, all rats were sacrificed, and trachea, bronchi, and lungs were resected respectively. These tissues were made as paraffin blocks and stained as PAS for goblet cells and Luna stain for eosinophils. We calculated the ratio of goblet cell to respiratory epithelium and number of infiltrated eosinophils from each tissue. Results : (1) Fraction of goblet cells was significantly increased in group 2 than in group 1 in the trachea and in the main bronchus. (10.19$\pm$11.33% vs 4.09$\pm$8.28%, p<0.01 and 34.09$\pm$23.91% vs 3.61$\pm$4.84%, p<0.01, respectively). (2) Eosinophils were significantly increased in the airway of group 2 than that of group 1. (5.43$\pm$3.84% vs 0.17$\pm$0.47 in trachea and 47.71$\pm$16.91 vs 2.71$\pm$1.96 in main bronchi). (3) There was a positive correlation between goblet cells and eosinophils(r=0.719, p=0.001). (4) There was significant difference in the decrease of goblet cells after dexamethasone injection between group 2 and group 3 (p<0.01). Also, infiltration of eosinophils was suppressed by dexamethasone. Conclusion : We made an animal model of $TiO_2$-induced goblet cell hyperplasia. GCH was observed mainly in the main bronchi with concomitant eosinophilic infiltration. Both goblet cell hyperplasia and eosinophilic infiltration were suppressed by dexamethasone. This animal model may serve as a useful tool in understanding of the mechanism of GCH in chronic airway diseases.

• Korean Chemical Engineering Research
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• v.58 no.3
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• pp.438-449
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• 2020

This study is to improve the method of calculating the risk of liability that arise from release and dispersion of chemicals outside the plant in process industries such as chemical and petrochemical plants. To achieve this goal, the correlation factors with the risk of chemical release accident is derived by simulating release and dispersion of substances (14 types) designated by Ministry of Environment as preparation for accident, analyzing the cases of chemical release and effects of plant life damage. The method of calculating chemical liability risk was modified and supplemented based on the results obtained from the study. The correlation coefficient between the probit value of 14 chemical types and the liability risk by EURAM (European Union Risk Ranking Method) was -0.526, while the correlation coefficient with the modified chemical release accident risk was 0.319. Thus, the value from modified method shows that they appear to be correlated. According to modified calculating methodology, the correlation between ERPG-2 value and liability risk of 97 chemical types was -0.494 which is 19 times higher than existing liability risk correlation as absolute value. And the correlation coefficient of corrosion risk was 0.91. The standardized regression coefficients (β) value of correlation factors that affected the increase and decrease of risk were derived in order of Corrosion Index(0.713), ERPG-2 (0.400) and NFPA Health Index (0.0680) by values. It is expected that these findings this study result will also enable the calculation of reasonable chemical release liability risk for existing and new chemical, and will help use them as quantitative liability risk management indicators for chemical plant site.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.103-122
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• 2012

Nowadays, advanced countries and international community in which provide many services and profits due to rapid progress space science and technology whereas there is rising possibility of damage by collision of space object and increase of space debris. I will propose the concept and range of damage in the basis of review of space treaty and space liability convention as form of international order to fair and complete compensate to victim of accident and hazardous space activity. And, I will try to discuss possibility of compensation on personal damage and mental damage, scope of material damage, possibility of compensation about environmental contamination, issue of satellite data sending, place of damage, and so on. Also, I would like to propose establishment of space tribunal and regional cooperative agency.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.359-364
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• 2003

The loss of potential opportunity profit which is consisting in the partial markups of the corporation would taking placed in related with the time-delay deeply, has customarily disregarded in contract adjustment under the principles of denial of cost accounting method, declined conjecture in the point of benefits and protection of the law in scope of compensation and the restricted conditions of constant contract. It is being resulted from that the policies of the general principles of accounting standards which is subjected to ask an objective data and evidence, and the denial system as a debt derived from imperfect legal theory applied by current law. Therefore, it is necessitated to find if any irrationality in the positive system is and further to draw an improved reasonable measures to adopt by review of constant system preparing tile reasonableness with the method of suitable quantification devices provided that any time-delay is induced by the party.