• The Korean Journal of Air & Space Law and Policy
• /
• v.23 no.2
• /
• pp.67-92
• /
• 2008

The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

• The Korean Journal of Air & Space Law and Policy
• /
• v.30 no.2
• /
• pp.37-81
• /
• 2015

AirAsia QZ8501 Jet departed from Juanda International Airport in, Surabaya, Indonesia at 05:35 on Dec. 28, 2014 and was scheduled to arrive at Changi International Airport in Singapore at 08:30 the same day. The aircraft, an Airbus A320-200 crashed into the Java Sea on Dec. 28, 2014 carrying 162 passengers and crew off the coast of Indonesia's second largest city Surabaya on its way to Singapore. Indonesia's AirAsia jet carrying 162 people lost contact with ground control on Dec. 28, 2014. The aircraft's debris was found about 66 miles from the plane's last detected position. The 155 passengers and seven crew members aboard Flight QZ 8501, which vanished from radar 42 minutes after having departed Indonesia's second largest city of Surabaya bound for Singapore early Dec. 28, 2014. AirAsia QZ8501 had on board 137 adult passengers, 17 children and one infant, along with two pilots and five crew members in the aircraft, a majority of them Indonesian nationals. On board Flight QZ8501 were 155 Indonesian, three South Koreans, and one person each from Singapore, Malaysia and the UK. The Malaysia Airlines Flight 370 departed from Kuala Lumpur International Airport on March 8, 2014 at 00:41 local time and was scheduled to land at Beijing's Capital International Airport at 06:30 local time. Malaysia Airlines also marketed as China Southern Airlines Flight 748 (CZ748) through a code-share agreement, was a scheduled international passenger flight that disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing's Capital International Airport (a distance of 2,743 miles: 4,414 km). The aircraft, a Boeing 777-200ER, last made contact with air traffic control less than an hour after takeoff. Operated by Malaysia Airlines (MAS), the aircraft carried 12 crew members and 227 passengers from 15 nations. There were 227 passengers, including 153 Chinese and 38 Malaysians, according to records. Nearly two-thirds of the passengers on Flight 370 were from China. On April 5, 2014 what could be the wreckage of the ill-fated Malaysia Airlines was found. What appeared to be the remnants of flight MH370 have been spotted drifting in a remote section of the Indian Ocean. Compensation for loss of life is vastly different between US. passengers and non-U.S. passengers. "If the claim is brought in the US. court, it's of significantly more value than if it's brought into any other court." Some victims and survivors of the Indonesian and Malaysia airline's air crash case would like to sue the lawsuit to the United States court in order to receive a larger compensation package for damage caused by an accident that occurred in the sea of Java sea and the Indian ocean and rather than taking it to the Indonesian or Malaysian court. Though each victim and survivor of the Indonesian and Malaysia airline's air crash case will receive an unconditional 113,100 Unit of Account (SDR) as an amount of compensation for damage from Indonesia's AirAsia and Malaysia Airlines in accordance with Article 21, 1 (absolute, strict, no-fault liability system) of the 1999 Montreal Convention. But if Indonesia AirAsia airlines and Malaysia Airlines cannot prove as to the following two points without fault based on Article 21, 2 (presumed faulty system) of the 1999 Montreal Convention, AirAsia of Indonesiaand Malaysia Airlines will be burdened the unlimited liability to the each victim and survivor of the Indonesian and Malaysia airline's air crash case such as (1) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents, or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. In this researcher's view for the aforementioned reasons, and under the laws of China, Indonesia, Malaysia and Korea the Chinese, Indonesian, Malaysia and Korean, some victims and survivors of the crash of the two flights are entitled to receive possibly from more than 113,100 SDR to 5 million US$ from the two airlines or from the Aviation Insurance Company based on decision of the American court. It could also be argued that it is reasonable and necessary to revise the clause referring to bodily injury to a clause mentioning personal injury based on Article 17 of the 1999 Montreal Convention so as to be included the mental injury and condolence in the near future.

• Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
• /
• v.9 no.3
• /
• pp.141-148
• /
• 2011

It is clarified in the radioactive waste transfer regulation that the concentration of radioactive waste for the major radio nuclide has to be examined when radioactive waste is guided to the radioactive waste stores. In case of the low level radioactive waste sample, the analytical results of radioactive waste concentration frequently show a value lower than minimum detectable activity (MDA). Since the MDA value basically depends on the amount of a sample, background value, measurement time, counting efficiency, and etc, it would be necessary to increase a sample amount with a intention of minimizing MDA. In order to measure a concentration of $^{129}I$ in low and medium level radioactive waste, $^{129}I$ was collected by using a distillation technique after leaching the simulated radioactive waste sample with a non-volatile acid. The recovery of $^{129}I$ measured was compared with that measured with column elution technique which is a conventional method using an anion-exchange resin. The recovery of inactive iodide by using the distillation method and column elution were found as $86.5{\pm}0.9%$ and $87.3{\pm}2.7%$, respectively. The recovery and MDA value calculated for distillation technique when 100 g of extracted solution of $^{129}I$ was taken, were found to be $84.6{\pm}1.6%$ and $1.2{\times}10^{-4}Bq/g$, respectively. Consequently, the proposed technique with simplified process lowered the MDA value more than 10 times compared to the column elution technique that has a disadvantage of limited sampling amount.

• Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
• /
• v.5 no.3
• /
• pp.257-265
• /
• 2007

Spent filter wastes of about 1,000 units (200 L) have been stored in the waste storage facility of the Korea Atomic Energy Research Institute since its operation. At the moment, to secure space in a waste storage facility as well as to efficiently manage spent filter wastes, it is necessary to conduct a compaction treatment of these spent filters, and finally, to repack the compacted spent filters into a 200 liter drum. To do that, the spent filter wastes were first classified according to their generation facilities, their generation date and their surface dose rate by investigating the inventory of the spent filters. In order to repack a compacted spent filter in a 200 liter drum, it is first necessary to conduct a radionuclide assessment of a spent filter before compacting it. Therefore, after taking a representative sample from a spent filter without a dismantlement, the nuclide analysis for it will be conducted. And then, after putting a spent filter into a regular drum by conducting the columnar shaping of the hexahedral form of a spent filter, the compaction treatment of the shaped spent filter will be conducted by vertically compacting it.

• Proceedings of KOSOMES biannual meeting
• /
• 2007.05a
• /
• pp.187-194
• /
• 2007

In order to control and manage oil-tanker scrapped materials and wastes properly, the actual conditions and global trends of the treatment and the management of ship scrapped wastes were surveyed and some amendments to marine pollution prevention law of Korea were proposed. Global annual volume of scrapped ships was estimated to be about 22 million DWT and most of them were scrapped in 4 major ship scrap countries such as Bangladesh, China. India and Pakistan and in minor ship scrap countries such as Turkey, the Philippines, Indonesia and Vietnam. The industry of ship scrap has been mainly developed in developing countries or undeveloped countries rather than in advanced countries. Most of scrapped ships were found to be small or medium size below 1,000 GRT In Jellanam-Do and Jeju-Do of Korea. Most of ship scrap enterprise and all enterprises of collection, transfer, treatment and disposal for ship scrapped materials and wastes were shown to be small sized in Korea. The regulations and/or rules which shall prohibit or limit trans-boundary movement of overage oil-tankers for scrap from Korea to developing or undeveloped countries, and vice versa should be Included in marine pollution prevention law of Korea. the criteria of manpower and facilities for enterprise of ship scrap, and for enterprises of collection, transfer, treatment and disposal of ship scrapped materials and wastes should be stipulated in marine pollution prevention law of Korea. It is desirable to introduce the system or concept of recycle or reuse of ship scrapped materials and wastes on producer's responsibility into marine pollution prevention law of Korea.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.19 no.2
• /
• pp.179-185
• /
• 2013

UNCLOS recognizes the right of innocent passage in the ocean but grants jurisdiction and governance to the state of the flag the vessel flies. However, by granting the right to determine vessel's nationality to each country in UNCLOS and by practically consenting inconsistency with the ownership and the state of flag has made the keeping of maritime order quite difficult. Especially, acknowledging the exclusive rights of the flag state on criminal jurisdiction hinders the owner state from exercising its rights and exposes the problem of not taking into account the opinion of the affected state party. This study addresses these issues and examines international regulations on vessels and flag states, mainly UNCLOS, and provides case studies on how criminal jurisdiction is determined when accidents occur at sea. Furthermore, it takes a deeper look into the mutual assistance system in criminal matters and proposes some alternatives on how to overcome these issues.

• Proceedings of the Korean Radioactive Waste Society Conference
• /
• 2009.11a
• /
• pp.173-174
• /
• 2009

"방사성폐기물 고화체의 물성시험"에 사용되는 시편을 실험실적으로 제조한 소규모 모의 고화체 시편과 고화공정에서 직접 채취한 소규모 시편, 200L 드럼으로부터 코아시편을 채취 가공하여 만든 시편과 같이 3종류가 있다. 고화공정에서 발생되는 고화체는 일반적으로 200 L 드럼에 주입되며, 고화체의 균일성 정도는 고화공정의 특성, 폐기물/고화매질 혼합비, 200 L 고화체 드럼의 냉각방식에 따라 다르다. 따라서, 실험실에서 제조한 시편과 공정에서 채취한 소규모 시편을 실제 고화공정을 대표할 수 없으며 또한 실제 발생된 고화체의 조성과도 동일하다고 볼 수 없다. 따라서 200 L 실드럼에서부터 코아시편을 채취하여 만든 시편이 고화공정과도 고화체를 대표할 수 있는 시편으로 볼 수 있다. 기 발생고화체(시멘트와 파리핀 고화체 및 잡고체 폐기물)의 영구처분을 위하여 과기부 고시 05-18호 "폐기물 인도기준" 규정과 한국방사성폐기물관리공단의 중 저준위 방사성폐기물 인수기주(안)의 준수 여부를 평가하기 위하여 각 원전의 대표 드럼에 대하여 특성평가시험인 압축강도, 침출, 침수, 열 순환, 내방사성 영향시험을 수행하기위해 실 드럼으로부터 원통형 코아시편을 채취하여 이를 시험검사에 필요한 시험시편으로 가공한 후 표준 특성시험법을 이용하여 물성들을 평가하며 특성평가시험을 위한 시편으로는 L/D=2, L/D=1인 두 종류의 시편을 가공하였으며 압축, 침수, 열순환 및 방사선조사시편은 L/D=2 시편을 제조하였고 침출시험시편은 L/D=1인 시편을 채취하였다.

• The Korean Journal of Air & Space Law and Policy
• /
• v.28 no.2
• /
• pp.3-35
• /
• 2013

Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

• Journal of Energy Engineering
• /
• v.20 no.1
• /
• pp.63-76
• /
• 2011

This paper studies the impact of Korean introduction of the Generalized System of Preferences(GSP) to developing countries, which are continuously arguing to support research and development for reducing greenhouse gas(GHG) emission with developed countries in the Conference of the Parties(COP) of UNFCCC. This paper is focusing on the expecting effects of trade and GHG emission reduction when Korea provides GSP to Indonesia, Brazil, and Ethiopia, which are selected in the first session of Global Green Growth Institute(GGGI). This paper uses the methodology of the intra-industry trade index multiplied by Korean import-induced coefficients. To Indonesia, Korean probable GSP would benefit exports of Indonesian agriculture, forestry, fishery, and livestock farming industries, which would contribute to Indonesian reduction of GHG emission. To Brazil, the exports to Korea would increase in the GHG sensitive industries such as metal, fat, oils, food, and beverage industries. Ethiopia belongs to the least developed countries. So Korean GSP would support the exports and GHG reduction in Ethiopian agriculture, forestry, fisheries, textiles, and leather industries. Without conflicting most favored nation treatment(MFN) principle in WTO, the introduction of GSP would be a good compensation for GHG reduction to developing countries.

• Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
• /
• v.18 no.2_spc
• /
• pp.227-235
• /
• 2020

In this study, we discussed the limitations of gross alpha measurements for the characterization of radioactive wastes produced in nuclear facilities through experimental tests and Monte Carlo N-particle transport simulations. The determination of gross alpha is essential for the disposal of radioactive waste produced in nuclear facilities in Korea. The measurements of gross alpha are easy to perform and yield rapid analytical results, but it cannot be used for quantitative analysis. The error of counting efficiency for gross alpha with various masses of the deposit on planchets using KCl and ²⁴¹Am was determined. The relative deviation of the counting efficiency in samples having the same mass was 20%. Uranium was extracted from the soil through acid leaching and extraction chromatography, and the concentration of U determined by inductively coupled plasma-mass spectrometry (ICP-MS) was compared with the results for gross alpha. The gross alpha was underestimated by 50% compared to the U concentration by ICP-MS. The counting efficiency depended on the energy from the alpha emitters, which differed by up to three times in determination of the counting efficiency depending on the kinds of alpha radionuclides of interest. Therefore, the gross alpha is not compatible with the sum of radioactivity for each alpha emitter and is suitable as a screening method.