• Journal of Legislation Research
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• no.53
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• pp.593-631
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• 2017

Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.345-366
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• 2018

Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

• Journal of Legislation Research
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• no.55
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• pp.95-136
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• 2018

Marriage forms a minimal social unit. Marriage can affect not only relative relationship but also possession of property. Regarding legal issues related to marriage, mainly the civil law, especially the family law section, regulates. However, marriage has also a significant legal effect in terms of taxation. This article deals with the taxation of gift tax among them. In Korea, if you give more than 600 million won in assets to your husband and wife, the donee must pay the gift tax. However, there has been little research into the influence of the marital property system on the taxation of gift tax on the donation between married couples. There are two legislative approaches to the attribution of property held by married couples. The one is separate property system, the other is community property system. Under separate property system, husband and wife own property separately. The community property system recognizes marital property of married couple as a common property of married couple. The legal property system in Korea is separate property system. However, married couples can adopt the community property system as a marital property system by their agreement. Currently, most Korean couples are subject to separate property system as a marital property system. There is no legal problem to levy the gift tax on the donation between couples who are subject to separate property system. The problem is the donation of asset between couples who are subject to the community property system. In community property system, most property acquired during marriage (except for gifts or inheritances) is considered community property. community property means property owned jointly by both partners. Some argue that the gift tax can not be taxed between married couples who are subject to the community property system. In this paper, we examine whether these arguments are valid.

• Journal of Practical Agriculture & Fisheries Research
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• v.3 no.1
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• pp.142-157
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• 2001

This study was conducted to get the basic information for promoting farm machinery productivity by surveying the regular maintenance and repair status of major farm machinery such as power tiller, farm tractor, rice transplanter and combine harvester. The survey was carried out through 9 provinces including Cheju province by direct visiting farmers with prepared questionnaire. The results of this study can be summarized as follows : 1. The average farming carrier of the surveyed farmers was 25.3 years, and 21-30 years of farming carrier showed the highest portion as 40.7%. The average carrier of using farm machinery was 9.4 years, and that was 14.9 years for power tiller, 8.3 years for farm tractor, 9.0 years for rice transplanter, 7.9 years for combine harvester, 7.5 years for mini tiller, 9.7 years for power sprayer, and 8.2 years for binder etc. 2. The regular maintenance for farm machinery was conducted mainly at repair shop (49.5%) or dealer agency (12.0%) as 61.5%, and 34.9% of farmers conducted the regular maintenance by themselves at their house. 3. The reasons for not-fully recognizing operation manual and insufficient before-, during-, after-maintenance of farm machinery were insufficient time for them (45.8%), troublesome (22.9%), unknown maintenance method (16.3%), unknown the necessity for maintenance (12.4%), and others (2.6%) in order. 4. For the annual exchange of engine oil, 3.2 times is necessary but actually 1.7 times was exchanged for power tiller, 4.3 times is necessary but actually 1.9 times was exchanged for farm tractor, 2.7 times is necessary but actually 1.7 times was exchanged for rice transplanter, 2.2 times is necessary but actually 2.3 times was exchanged combine harvester. 5. For the annual cleanness or exchange of fuel filter, 3.2 times is necessary but actually 1.1 times was done for power tiller, 4.3 times is necessary but actually 1.6 times was done for farm tractor, 2.7 times is necessary but actually 1.7 times was done for rice transplanter, 1.9 times is necessary but actually 0.8 times was done for combine harvester. 6. For the annual cleanness or exchange of air filter, 3.2 times is necessary but actually 1.4 times was done for power tiller, 4.2 times is necessary but actually 2.4 times was done for farm tractor, 2.6 times is necessary but actually 1.6 times was done for rice transplanter, 3.9 times is necessary but actually 7.0 times was done for combine harvester. 7. For the experience of breakdown related to maintenance, 5.3% of farmers experienced breakdown due to the insufficient exchange of engine oil, 7.7% of farmers experienced breakdown due to the insufficient cleanness or exchange of fuel filter, and 2.9% of farmers experienced breakdown due to the insufficient cleanness or exchange of air filter. 8. Most farmers (76.1%) recognized the necessity for agricultural machinery training or education, and most farmers preferred about one week for the training period, simple or ease maintenance for the training level, agricultural technical center or agricultural machinery manufacturer for the training agency. 9. Complete recognition of operation manual and sufficient before-, during-, and after-maintenance for farm machinery can minimize the breakdown as well as conduct suitable period farming, enlarge the endurance, prevent the safety accidents, and promote productivity of farm machinery. Therefore, these can be accomplished by the thorough training or education for agricultural machinery.