• Title/Summary/Keyword: 배제규정

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Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea Focus on the Example of Every Countries' Legislation (한국(韓國)에 있어서 항공안전인(航空運送人)의 민사책임(民事責任)에 관한 국내입법(國內立法)의 제문제(諸問題) ${\sim}$각국(各國)의 입법례(立法例)를 중심(中心)으로 하여${\sim}$)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.9-53
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    • 2004
  • This paper described the contents of theme entitled "Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea" including the current example of fourteen countries' legislation ((1) Great Britain, (2) United States of America, (3) Canada, (4)European Union), (5) Germany, (6) France, (7) Italy, (8) Spain, (9) Swiss, (10) Australia, (11) Japan, (12) People's Republic of China, (13) Taiwan, (14) North Korea) relating to the aviation law or air transport law. Though the Korean and Japanese aviation act has provided only the public items such as (1) registration of aircraft, (2) persons engaged in aviation, (3) operation of aircraft, (4) aviation facilities including airport, (5) air transport business, (6) investigate of aircraft accidents etc., but they could not regulated the private items such as the legal relations of the air transport contract (1) air passenger ticket, (2) air luggage ticket, (3) airway bill, (4) liability of air carrier, (5) amount of compensation for damage caused by aircraft accidents, (6)jurisdiction, (7) arbitration, (8) limitation of action, (9) combined carriage, (10) carriage by air performed by an actual carrier other than contracting carrier, damage caused by aircraft to the third parties etc. in their aviation act until now. In order to solve speedily the legal problems on the limitation of air carrier's liability and long law suit and disputes between wrongdoers and survivors etc, it is necessary and desirable for us to enact a new "Draft for the Air Transport Act" including the abovementioned private items. I would like to propose personally and strongly the legislation of "Draft for the Air Transport Act" in Korea in emphasizing the importance of ensuring protection of the interests of consumers air passengers and shippers in carriage by air and the need for equitable compensation between air carriers and survivors caused by the aircraft accidents such as the German Air Transport Act (Luftverkerhrsgesetz).

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Analysis and Implication on the International Regulations related to Unmanned Aircraft -with emphasis on ICAO, U.S.A., Germany, Australia- (세계 무인항공기 운용 관련 규제 분석과 시사점 - ICAO, 미국, 독일, 호주를 중심으로 -)

  • Kim, Dong-Uk;Kim, Ji-Hoon;Kim, Sung-Mi;Kwon, Ky-Beom
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.225-285
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    • 2017
  • In regard to the regulations related to the RPA(Remotely Piloted Aircraft), which is sometimes called in other countries as UA(Unmanned Aircraft), ICAO stipulates the regulations in the 'RPAS manual (2015)' in detail based on the 'Chicago Convention' in 1944, and enacts provisions for the Rules of UAS or RPAS. Other contries stipulates them such as the Federal Airline Rules (14 CFR), Public Law (112-95) in the United States, the Air Transport Act, Air Transport Order, Air Transport Authorization Order (through revision in "Regulations to operating Rules on unmanned aerial System") based on EASA Regulation (EC) No.216/2008 in the case of unmanned aircaft under 150kg in Germany, and Civil Aviation Act (CAA 1998), Civil Aviation Act 101 (CASR Part 101) in Australia. Commonly, these laws exclude the model aircraft for leisure purpose and require pilots on the ground, not onboard aricraft, capable of controlling RPA. The laws also require that all managements necessary to operate RPA and pilots safely and efficiently under the structure of the unmanned aircraft system within the scope of the regulations. Each country classifies the RPA as an aircraft less than 25kg. Australia and Germany further break down the RPA at a lower weight. ICAO stipulates all general aviation operations, including commercial operation, in accordance with Annex 6 of the Chicago Convention, and it also applies to RPAs operations. However, passenger transportation using RPAs is excluded. If the operational scope of the RPAs includes the airspace of another country, the special permission of the relevant country shall be required 7 days before the flight date with detail flight plan submitted. In accordance with Federal Aviation Regulation 107 in the United States, a small non-leisure RPA may be operated within line-of-sight of a responsible navigator or observer during the day in the speed range up to 161 km/hr (87 knots) and to the height up to 122 m (400 ft) from surface or water. RPA must yield flight path to other aircraft, and is prohibited to load dangerous materials or to operate more than two RPAs at the same time. In Germany, the regulations on UAS except for leisure and sports provide duty to avoidance of airborne collisions and other provisions related to ground safety and individual privacy. Although commercial UAS of 5 kg or less can be freely operated without approval by relaxing the existing regulatory requirements, all the UAS regardless of the weight must be operated below an altitude of 100 meters with continuous monitoring and pilot control. Australia was the first country to regulate unmanned aircraft in 2001, and its regulations have impacts on the unmanned aircraft laws of ICAO, FAA, and EASA. In order to improve the utiliity of unmanned aircraft which is considered to be low risk, the regulation conditions were relaxed through the revision in 2016 by adding the concept "Excluded RPA". In the case of excluded RPA, it can be operated without special permission even for commercial purpose. Furthermore, disscussions on a new standard manual is being conducted for further flexibility of the current regulations.

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An Experimental Study on Water Resistance of Penetrating Water Repellency of Emulsified Silicon Type Exposed In The Outdoor Environment (옥외폭로에 따른 실리콘계 유화형 흡수방지재의 내수성에 관한 실험적 연구)

  • Shim Hyun-Bo;Lee Min-Seok
    • Journal of the Korea Concrete Institute
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    • v.16 no.4 s.82
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    • pp.477-484
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    • 2004
  • As a part of durability improvement of concrete-structure, penetrating water repellency of liquid type is applied to concrete surface. Besides, a related standard is made recently, but the standard has been prescribe for initial settlement state of penetrating water repellency of liquid type, to the exclusion of performance variation depending time and outdoor environment factor. For measurement of performance variation, we measured the weight of outdoor exposure specimen every regular intervals and check a measured value against a measured value of different condition specimen. Moreover, after the application of penetrating water repellent, measured a adhesive strength in tension between cement-polymer modified waterproof coatings and surface of specimen. The applied penetrating water repellent is a emulsified silicon type with a deep penetration depth. In view of the results so far achieved, the more a Quantity of application and active solid content does get, the deeper penetrating water repellency of emulsion type Penetrate get longer and supplied moisture increase in quantity, a penetrating water repellency of liquid type penetrates more deep, but a quantity of water absorption increase gradually. Perhaps this result is caused by a reduction of active solid content on concrete surface, because active ingredient is moved into the concrete by dissolution.

A Study on 2010 Beijing Convention for Antiterrorism of International Aviation - Compared Beijing Convention(2010) with Montreal Protocol - (국제항공테러방지 북경협약(2010)에 관한 연구 - 몬트리올협약과의 비교를 중심으로 -)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.79-112
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    • 2010
  • The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.

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Improvement of The Scope of Business Subject to Consultation on Utilization of Sea Areas for Developments According to the Fishing Village and Fishery Harbors Act (어촌·어항법에 따른 개발사업의 해역이용협의 대상사업의 범위 설정 개선방안)

  • Tac, Dae-Ho;Lee, Dae-In;Kim, Gui-Young
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.19 no.3
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    • pp.211-217
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    • 2016
  • In case of the Sea Areas Utilization Consultation about fishery harbor facilities there has been problems excepting a mooring facility and having the same scope of business subject with harbor, while those scale are different. In this study, we analyzed the 17 cases of the statements for Sea Areas Utilization Consultation according to the development projects of fishery harbors for 2013-2014 and suggested the improvement way to go. First, it is needed to reassess the scope of business subject about fishery harbor because the environmental effects about the development projects for the fishery harbor are not considered separately by facilities, development project for the fishery harbor. Therefore, the reassessment about them are needed surely. Second, the adjustment of the range about fishery harbor facilities on the Sea Area Utilization Consultation is needed because in case of most small fishery ports, the sizes of those facilities are less than the boundary area ($50,000m^2$). Last, consultation subjects shall be more clear in order to protect confusions-related with applying for the Consultation on Utilization of Sea Areas. A new rule for clarifying consultation on business subjects is needed in order to reduce the unclarity and the confusions from being occurred by difference between 'occupancy or use permit of public waters' and 'exclusion of application' and business subjects according to the Public Waters Management and Reclamation Act and the Marine Environment Management Act, respectively.

The Study on Process of Illustrious Virtue Becoming an Issue in Horak debate (湖洛論爭) - Focused on Oiam(巍巖) Yi Gan(李柬)'s distiction between Mind(心) and temperament(氣質) (호락논쟁에서 명덕(明德)의 쟁점화 과정 연구 - 외암(巍巖) 이간(李柬)의 심(心)과 기질(氣質)의 분변(分辨)을 중심으로 -)

  • Bae, Je-seong
    • The Journal of Korean Philosophical History
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    • no.54
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    • pp.77-113
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    • 2017
  • In late Chosen(朝鮮), the concept of illustrious virtue(明德) became an important issue of debate. However, previous studies did not focus on how the concept emerged as an issue. This paper aimed to explore the problem, and for this purpose, paid attention to Horak(湖洛) debate. Oiam(巍巖) Yi Gan(李柬), in the course of discussion with Namdang(南塘), finally argued that mind(心) clearly distinguishes from temperament(氣質). The goals of the claim were to clearly divide mind and temperament, and to emphasize mind's control of temperament. Through this, he wanted to reject the possibility of being affected by temperament in aroused state(未發). And he presented the concept of illustrious virtue as a critical evidence supporting his argument. He argued that because mind is same with illustrious virtue, it has a special status that essentially distinguished from the temperament, even if both mind and temperament are all material force(氣). This argument led to new discussion trend in the debate. it was to form a definition of the mind, based on defining the relationship between spiritual perception(虛靈知覺), temperament and illustrious virtue. The trend was reflected in the debate on 'Whether illustrious virtue is the same for everyone or varies from person to person(明德分殊)'. Through the process of analysis in this paper, we could detect a tendency that definition of mind has become an independent subject.

New Types of Masculinity Represented in TV and Its Limitations : Focusing on Weekend Variety Programs (TV매체에 재현된 새로운 남성성(masculinity)과 그 한계 -주말 예능프로그램을 중심으로-)

  • Kim, Mira
    • The Journal of the Korea Contents Association
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    • v.14 no.1
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    • pp.88-96
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    • 2014
  • This study attempts, based on the premise that gender roles and identity is a social construct, to show how TV portrayal of the male has changed through the years with changes in time and society, from the traditional depiction of hegemonic masculinity and ideal manhood as supported by the patriarchal system. A narrative analysis was conducted on popular variety shows "Dad, Where Are We Going?" and "Superman Returns". The results showed that both TV shows created a new type of masculinity by centering the narrative on the traditionally female roles of child rearing and housekeeping, and recreating the traditional strict and authoritative father figure into a non-authoritative and emotionally expressive father. However, as 'child rearing' and 'housekeeping' is expressed as 'play', there are limitations in that the actual daily lives and hardship of women is excluded from the narrative.

Analyses of Contents of Adult Competency in PIAAC (국제 성인역량측정 프로그램에 나타난 성인역량 콘텐츠 분석)

  • Song, Kyoung-oh;Kwon, Bo-Young
    • The Journal of the Korea Contents Association
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    • v.16 no.5
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    • pp.772-782
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    • 2016
  • To meet the needs of societies that have been suggesting that practical competency is the key factor in the economies and societies of the 21st century, OECD developed the Program for the International Assessment of Adult Competencies (PIAAC). The purpose of this study is to critically review the contents of adult competency in PIAAC upon the premise that the validity of the contents of adult competency must be assessed before setting up any national strategies to develop adult competency. First, this study points out that the contents of adult competency in PIAAC seem insufficient to objectively measure cognitive and practical competency of adults. Second, the contents of adult competency in PIAAC assess only observable and measurable individual knowledge and functions, despite the fact that adult competency must be viewed as collective competency where various aspects of proficiencies are closely interconnected. Third, the contents of adult competency in PIAAC do not take the nature of humans into consideration: it assesses human beings based only on observable human behaviors. In conclusion, this study maintains that we need to discuss the adult competency that matches well with the societal and industrial needs of Korea and to critically review the validity of any measures assessing adult competency.

A Study on the Actual Operation Conditions of the Private Security Guard Certification Exam and it's Improvement Plan (신변보호사 자격시험의 운영실태와 개선방안에 관한 연구)

  • Lee, Sanghun
    • Convergence Security Journal
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    • v.14 no.6_2
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    • pp.35-44
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    • 2014
  • Private Security Guard Certification Exam that initiated as the eligibility of private in 2006, has been requested more fulfilling management because that becomes to be recognized at the national certified qualification system in 2013. The findings of this study were as follows: First, it is necessary to expand more exemptions, currently some are mainly police officers. Secondly, it is needed to make to announce the final successful candidates through the opposition proceedings by publishing assumptions answer of the problem and by improving the procedure for determining the successful candidates, and so forth.

Geochemistry of the Daebo Granitic Batholith in the Central Ogcheon Belt, Korea : A Preliminary Report (중부 옥천대에 분포하는 대보 화강암질 저반의 화학조성 : 예비보고서)

  • Cheong, Chang-Sik;Chang, Ho-Wan
    • Economic and Environmental Geology
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    • v.29 no.4
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    • pp.483-493
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    • 1996
  • The tectonic environment and source characteristics of the Daebo granitic batholith in the central Ogcheon Belt were investigated based upon major and trace element geochemistry. The batholith is comprised of three granite types; a biotite granite (DBBG), K-feldspar megacryst-bearing biotite granite (DBKG), and a more mafic granodiorite (DBGD). The variations of Na and K in the granites can not be explained by simple fractional crystallization from the same primary magma. The irregular behavior of these alkali elements indicates a variety of source materials or incomplete mixing of different source materials. The large ion lithophile (LIL) element enrichment and low Ta/Hf ratios of the granites are typical characteristics of normal, calc-alkaline continental arc granitoids. Based upon REE patterns of the granites, it seems to be unreasonable to regard the felsic DBBG as a late stage differentiate formed by residual melts after the fractionation of major constituent minerals of the more mafic DBGD. Inconsistent variations in ${\varepsilon}_{Nd}(t)$ and LIL element concentrations of the granites preclude a mixing model between primitive melt and LIL element-enriched upper crustal materials. The irregular geochemical variation of the granites is taken to be largely inherited from an already heterogeneous source region.

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