• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.3-27
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• 2012

The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.

• Korean journal of communication and information
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• v.44
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• pp.144-179
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• 2008

This paper explores the formation of global responsibility discourses in the elite US media used in promoting NATO's military interventions in the post-Cold War era. The case study of global responsibility discourses surrounding the Bosnian War (1992-1995) and the Kosovo Conflict (1998-1999) offers an account of the roles of the elite US media in foreign policy. The construction and articulation of global responsibility discourses in the elite US media were closely related to the US government's policy and were formed within the framework of US national interest and domestic responsibility. The cases of military intervention in the post-Cold War period imply that there were more fundamental structure and patterns by which the elite US media approached the 'humanitarian crises': 'benevolent domination' and the subsequent construction of a 'melodramatic national identity' in the war narratives. Presuming that the elite US media's discourse is a primary site for the public for experiencing and understanding distant suffering, this paper concludes that global responsibility discourses within the media may have dangerous ramifications for global democracy because the discourse of responsibility can potentially absorb the creative, progressive energies created by the public's awareness of responsibility on a global scale in order to reinforce the relations of domination.

• Journal of Environmental Policy
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• v.6 no.4
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• pp.1-28
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• 2007

Because the result of environmental pollution of one state is not limited to the national border but spills over into neighboring countries or global environment either directly or indirectly, international discussions on environment are crucial in domestic environmental law and policy. International environmental law demands differential obligation between developed and developing countries in the principle of 'common but differentiated responsibility'. The common but differentiated responsibility is the principle that draws distinction between developed and developing countries about global environmental issues, while recognizing the common responsibility of environmental protection for all nations. Environmental technology transfer or financial support from developed countries to developing countries, for example, has been discussed. The problem is the status of Korea. Korea's international environmental policy will be different by the distinction of responsibility for international environmental protection according to the status of developed and developing countries. International communities have never established a clear standard distinguishing developed from developing countries in any international laws. The WTO entrusts each country to decide whether it is a developing country or not. In the international environmental law, the status of a country is determined by the ability to negotiate. The status of Korea, thus, cannot be fixed in general international law. Rather, the Korean government is able to choose its own status strategically, It can be a policy choice to insist that Korea's developing country so as to reduce the burden of international responsibility. But, considering an economic indicator and environmental pollution indicator at which Korea ranks about 10th, the reality of Korea is much closer to a developed country. Positive policies such as development of environment-friendly technologies and products should be preferred to defensive assertion of developing country.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.171-198
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• 2009

The issue of burden sharing between sectors has become a pertinent national issue with respect tothe establishment of national greenhouse gas (GHG) reduction targets, and the means to achieve these targets. This study explores methods for equitable sectoral allocation to reduce GHGs based on an allocation index taking into account relevant attributes in line with national GHG emissions trends and structures. This paper considered potential for GHG reduction, rate of increase of emissions, and ability to pay as suitable criteria for analysis of each sector. As a result of the analysis, it was found that equitable allocation methods have significantly different burden sharing compared to allocation that considers only potential for GHG reduction. Accordingly, further empirical study on various simulations based on national economic impact will be essential for better policy solutions. This study will contribute to applying national allocation plans in a logical, consistent and transparent manner.

• 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).

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.177-214
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• 2016

During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.139-171
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• 2018

The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

• Journal of Engineering Education Research
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• v.15 no.1
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• pp.72-78
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• 2012

This paper deals with metaphysical aspects of responsibility focusing on Hans Jonas's Das Prinzip Veranwortung as an attempt to further the discussion on the responsibility of scientists and engineers. After the examination on the necessity of new ethics reflecting the characteristics of contemporary science and technology, the philosophical foundation and major themes of Jonas's future-oriented ethics, i.e. responsibility ethics are analysed. Jonas argued new ethics should consider man and nature simultaneously based on the unification of being and what should be, and presented collectivity, continuity, and future-orientation as a basis of responsibility ethics. In conclusion, this paper suggests implications of Jonas's argument for science and technology ethics such as sustainability, precautionary principle, and responsibility of creator.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.303-328
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• 2000

International Trade has led to the increase of the demand of international transport, and also the development of transport vehicles has been promoting the volumes of international trade. Therefore, the development of international transport not only incurs claims concerning transportation but also establishes various international rules to settle the claims between the shippers and the carriers in the course of transport. With a view to settling the claims successfully, the men who are concerned in the transport have to know the principle and scope of carrier's Liability. In this paper, I would like to find out the principle of Liability for the shippers. Therefore, I classify the Liability principle of the international transporter under the UNs Convention on International Multimodal Transport of Good(1980) and UNCTDAD/ICC Rules(1991) in three system - Network Liability System, Uniform Liability System and Modified Uniform Liability System.

• 대학교육
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• s.70
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• pp.76-81
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• 1994

연구의 주체인 교수들이 연구의 효율성과 생산성을 높이기 위해 대학이 연구비를 중앙관리해 준다면, 연구 목적을 위해 연구비가 전액 투입될 수 있으므로 연구의 질을 높일 수 있고 내실을 기할 수 있다. 또한 연구비를 교수가 직접 집행하지 않고 객관적이고 투명성 있는 제도 아래 대학을 통해 집행토록 함으로써 연구비 집행에 대한 대외적 신뢰성과 공신력을 확보할 수 있을 것이다. 연구비관리의 기본정신은 연구책임자가 연구에 전념하도록 행정적으로 도와주고 지원해 주는 데 있으므로 규정과 제도에 원칙은 있으되, 운영에서는 탄력성과 융통성을 인정해 주어야 한다.