• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.31-66
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• 2008

Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

• Proceedings of the Korean Society of Computer Information Conference
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• 2014.01a
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• pp.261-262
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• 2014

최근 택배산업의 급격한 성장과 모바일 웹앱 환경의 급격한 발달 및 택배물량이 증가하면서 택배 피해 사례도 증가하고 있다. 현재 택배서비스 이용시 피해 발생시 책임소재 입증불가 및 책임회피의 문제점이 대두되었고, 택배기사를 사칭한 각종 여성 범죄 사고가 증가하고 있다. 본 논문에서는 모바일 환경에서의 택배정보 및 위치정보를 확인할 수 있도록 음성을 저장 및 인식할 수 있는 안심택배 관리 시스템을 연구하고 설계하였다.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.3 no.1
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• pp.38-43
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• 2002

In this study, we deal with the system design and development of the automatic page passing machine. In order to turn pages without injury of a book or a musical note, we used an inhalation motor. Also, when we turn over pages. the successive actions of fixation and inhalation are embodied by motors which are operated by a microprocessor. In traditional products. some limited pages must be fixed into the Turning Bar in advance. On the contrary, proposed equipment is able to turn over the pages of a book without laying the groundwork. Experimental results using produced facilities are presented to demonstrate the efficacy of the proposed equipment.

• Proceedings of the Safety Management and Science Conference
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• 2008.11a
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• pp.247-258
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• 2008

우리나라는 2000년에 제조물책임법이 제정하여 2002년 7월 1일부터 시행하였으며, 제조물의 제조, 설계, 표시등의 결함으로 인하여 발생한 손해에 대한 제조업자 등의 손해 배상책임을 규정하고 소비자의 결함 입증부담 경감과 피해자의 보호를 도모하자 하고 있다. 제조물의 표시등의 결함은 지시결함이나 경고결함에 관한 것으로 제조자는 그 위험에 의한 사고를 방지 회피할 수 있도록 소비자에게 정보를 제공하여야 하나 이를 이행하지 않아 발생된 결함이다. 본 논문에서는 A사(社)의 공기정화기 B모델 사용설명서에 나타난 정보제공사항을 주의 경고표시 가이드 등에 따라 검토하였으며, 그 결과 일부 지시 및 경고사항에서 보완해야할 사항이 발견하였다. 보완사항은 제안사항으로 기업내부 에서 처리하되 전문성이 부족한 분야는 외부의 PL전문가의 협력하에 바람직한 개선안이 도출될 수 있을 것이다.

• The Journal of the Korea Contents Association
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• v.19 no.4
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• pp.423-431
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• 2019

This study examines the effect of the liability limitation provision (LLP) adoption on firm's cost behavior. In April 2011, Korea introduced the LLP with the purpose of improving the management efficiency by mitigating the risks caused by the manager's failure to make decisions related to business operation. However, there are concerns that the adoption of LLP may lead the manager's moral hazard, so the need for empirical research to verify the effect of the LLP adoption is emphasized. In this study, we analyze the effect of the LLP adoption empirically, focusing on the cost behavior that is affected by the manager's decision making. From the empirical result, we find that LLP adopted companies have strengthened the cost stickiness of selling, general, and administrative costs rather than non-adopted companies. This suggests that the manager of LLP adopted company makes a more active decision to consider adjusting costs in order to prepare for future recovery in sales when sales is reduced. This study presents empirical evidence to prove the policy validity of the adoption of LLP, and we expect that our results can contribute to the capital market and academia.

• Proceedings of the Korea Contents Association Conference
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• 2013.05a
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• pp.191-192
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• 2013

형사소송의 목적은 사안의 진상을 밝혀 적정한 형벌권을 실현하는데 있다. 수사기관은 범죄사실을 명백히 밝히기 위하여 아직도 과학적인 수사보다는 자백에 의존하는 경향이 있다는 것은 주지의 사실이다. 수사를 함에 있어 자백에 의존하는 것은 고문 등 강압수사의 위험성이 크다. 이를 방지하기 위하여 형사소송법 제309조는 자백배제법칙을 채택하고 있다. 자백배제법칙을 검토함에 있어서는 무엇보다도 먼저 자백의 임의성에 대한 입증을 살펴보아야 할 것이다. 따라서 본고는 강압수사방지를 위하여 자백의 임의성에 대한 거증책임 문제, 임의성의 기초사실증명 등에 관하여 몇 가지 쟁점을 검토하고자 한다.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.1
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• pp.211-253
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• 2005

Recently, the Korean Supreme Court released two important decisions concerning damages for the pain and suffering from Aircraft noise. The local people who are living near the Air Force practice site at Maehyang-ri and the Kimpo International Airport brought lawsuits against the Korean government requesting damages for their financial loss from the severe noise and the damages for their pain and suffering. Plaintiffs alleged that they suffered physical malfunctions, extreme disturbances and the reduction of property values from the extreme noises which were daily repeated. District Court of Seoul Province did not allow plaintiffs all but the damages for pain and suffering. Plaintiffs could not prove the causation between their financial loss and the noise. The Supreme Court confirmed the lower court's decision. Article V of the National Compensation Act (analogous to the Federal Tort Claims Act of the USA) reads, "the government shall be liable for any loss caused by the defect on establishment or maintenance of public facilities." In the two cases, the major issue was whether the government's establishment or maintenance of Air Force practice site and the airport was defective because they caused serious noise to surrounding neighbors. Previously, the Supreme Court interpreted the clause "defect on establishment or maintenance of public facilities" as failure of duty to provide safety measures to the degree generally required to ordinary manager. However the Court at this time interpreted differently that the defect could be found if the facility caused to any person loss to the degree intolerable. In the two cases the Court confirmed the lower court's finding that noise level at the site was severe enough to be intolerable. This standard is based on the severity of the loss rather than the failure of duty. It became easier for plaintiffs to prove the cause of action under this interpretation. The consequence of the ruling of these two cases is 'rush to the courtroom' by the local people at similar situations. The ruling of these two cases was not appropriate both in theory and in consequence. The Korean tort system is basically based on the theory of negligence. Strict liability is exceptional only when there is special legislation. The Court created strict liability rule by interpreting the Art. V of the National Compensation Act. This is against the proper role of the court. The result of the cases is also dismal. The government was already sued by a number of local people for damages. Especially the Department of Defense which is operating many airports nationwide has financial hardship, which will cause downsizing military practice by the Air Force in the long run, This is no good to anyone. Tens of millions of dollars which might be used for compensation might be better used to prevent further noise problem surrounding airports.

• Journal of Information Technology Application
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• v.3 no.3
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• pp.41-69
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• 2001

This paper compares the price strategies of Korean internet retailers against those of Korean traditional retailers in regard to books, CD\\`s, cosmetics, softwares, PC and peripherals, and electronic home appliances. The data shows that the average prices of books, CD\\`s, and cosmetics are cheaper in the internet market than in the traditional market when there is a large purchase. However, when there is a small purchase, the average prices of books and CD\\`s are more expensive in the internet market than in the traditional market. In other cases, the difference of the average prices in the two markets was negligible. When there is a large purchase, the dispersion of prices of books is smaller in the internee market than in the traditional market. In other cases, the dispersion of prices is smaller in the internet market than in the traditional market, but the difference was negligible to be statistically significant. The findings imply that internet retailers generally pursue a specialization strategy against traditional retailers by factors other than prices. Internee retailers seem to pursue price competition against traditional retailers only for large purchases in some cheap commodity industries. It is also found that the internet shopping-malls managed or owned by existing traditional retailers or manufactures are rare and are operated dependently on existing distribution channels. The findings also imply that the Internet market begins to be established only in some cheap commodity industries and the Internet market has yet to be generally established in Korea.

• The Korean Journal of Archival Studies
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• no.73
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• pp.81-123
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• 2022

NGOs(Non-Governmental Organizations) are organization based on the 'voluntary participation' of citizens. Citizens' participation and support are essential for the existence and sustainable growth of the organization. The records of NGOs are produced, received, collected, and left behind in the course of their activities. Systematically managed records are used as information for business performance to increase operational efficiency. In addition, it plays a role in proving the legitimacy of the group and its activities to internal and external stakeholders of the NGO, such as whether the group's activities were performed legally and whether the group is actually working to realize the goal it stands for. Therefore record management of NGOs is required to improve accountability. In other words, NGOs can be gain the trust of civil society based on accountability through records and secure internal and external resources necessary for the existence of the group. In this study, after confirming the general record management status of NGOs in Busan, improvement measures were examined in terms of record management in order to increase the accountability of NGOs.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.173-205
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• 2008

Space debris have frequently caused damage to space objects like satellites in orbits and sometimes have fallen on the earth. Such increase in space debris will lead to the high possibility of threatening space activities of mankind. However, it is not so easy for the damage caused both by identified and by unidentified space debris to be recovered since in the regime of the current international law, there is no legislation of prescribing the damage done by space debris. For overcoming the limitation it seems desirable that either the Liability Convention should partly be amended or new international law regime should be established. For instance, 'space debris' should be included in the new definition of 'space object' and the range of launching should also be defined clearly by making the concept of 'launching' somewhat more specified. Moreover, the subject of international liability for damage caused by space debris should be divided into two classes: the subject before and after registration. While in case of before-registration launch states should be held liable for any damage jointly or individually, in case of after-registration 'the state of registry' or 'owner' of the space debris should be. In the event of damage being caused elsewhere than on the surface of the earth to a space object of other State, 'fault-based liability' is currently applied. But it needs to be changed into 'absolutely liability'. In this paper, 'Liability Pool', 'Insurance', 'Market-Share Liability' are presented as aid devices of the damages resulting from unidentified space debris. They should be defined through the amendment of the Liability Convention or another international treaty. Some day there comes a time when our country shall possess many of the astronomical price of satellites. It means that we can't be free from the damage by the increasing number of space debris. Provided that our satellites are damaged by such space debris, it will do the satellites damage and cause impaired functioning or troubles in operation. As a result, if we are not paid for the damage by space debris, we will be confronted with tremendous economic loss because it is necessarily connected with the excess burden of taxation. Thus, an international agreement regarding the measures of the compensation for space debris damage must be made very soon.