• International Commerce and Information Review
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• v.13 no.3
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• pp.489-510
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• 2011

Free Trade Agreement (FTA) between the Korea, of the one part, and the EU and its member states, of the other part, has been effective, as of 1 Jul 2011. EU enlarged its members up to 27 countries including Romania and Bulgaria in 2007, and stood up as the second largest trading partner to the Korea right after the China. FTA, generally, shows the several different figures according to the countries concerned on the agreement The EU has long history and cultural, educational assets. In addition to that, the EU also has economical, industrial bases. Therefore, the EU seeks fruitful profits utilizing its intellectual property rights. There are copyrights and related rights, trade marks, geographical indications, designs, and patents, etc. on the Chapter 10. intellectual property rights of the Korea EU FTA. Among them, the others except geographical indications seem to be somewhat the terms advantageous to the Korea. It is possible to ask further requirements to the Korea in the years to come because the EU member countries are very much interested in the practical profits of intellectual property rights. Thus, it would be essential tasks for us to review the intellectual property rights protection and features of the Korea EU FTA.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.91-110
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• 2003

Aeronautical Information Service means a service established within the defined area of coverage responsible for the provision of aeronautical information/data necessary for the safety, regularity and efficiency of air navigation. Especially, in consequence of RNAV envelopment, the role and importance of aeronautical information/data has been increased constantly, therefore advanced RNP and navigation systems has been highly required simultaneously. International Civil Aviation Organization establishes SARPs to maintain aviation safety for every contracting states. Therefore, every contracting states should make an application of the aviation information and data in accordance with ICAO's SARPs, but each state is actually applied with each other regulations considered with each state's circumstance. At the result of these reason, it sometimes makes confuse to aircraft operator and effects significant aviation safety. The purpose of this study is to investigate SARPs of Annexes and rules of FAA relevant to Aeronautical Information Service(AIS), to compare them with Korean Aviation law and regulations related to AIS and then, to provide information for planing and decision-making to enhance them into the international standards.

• International Commerce and Information Review
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• v.18 no.4
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• pp.195-217
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• 2016

The Convention on Contracts for the International Sale of Goods(CISG) endeavors to increase international trade through the creation of a uniform law of international sales. The CISG applies to contracts of sale of goods between parties whose places of business are in different States. If a party has more than one place of business, the place of business if that which has the closest relationship to the contract and its performance. Despite the importance of a definition for 'place of business,' the CISG does not provide one. Lack of a definition of 'place of business' may cause problems for parties trying to determine whether the CISG applies to their contract. Also Contracting parties can opt out of the CISG. But the CISG does not state whether the parties must expressly exclude the CISG's application to a transaction or whether they might do so by implication. we need to consider how effectively opt out of the CISG. Under U.S. law, the CISG is considered to be a self-executing treaty. So the CISG's provisions apply directly as substantive sales law to contracts for the international sale of goods. Despite the CISG's political and economic significance to U.S., U.S. Courts have overlooked the terms of the CISG. This article considered how to the CISG was recognized, interpreted and applied by the U.S. Courts in related cases.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.165-182
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• 2004

According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. It is generally recognized that the three major parties responsible for the aviation security at an airport are appropriate government departments, airport operator and airlines. The airlines are the beneficiaries of security activities as well as the provider of security activities. So, their responsibilities have been critical in protecting civil aviation from unlawful interferences. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. The government has the responsibilities not only for establishing regulatory system but also for oversighting the implementation of aviation security activities. The paper is to review the revision of aviation security regulation and the changes of aviation security responsibilities, and costs and task assignment in Republic of Korea after September 11 event. The responsibilities, tasks and costs assigned to airlines, airport operators and government are introduced and evaluated in terms of economic fairness, effectiveness and efficiency of aviation security activities. The drawbacks of new legal system are pointed out and the suggestions to remedy them are proposed as conclusions.

• Journal of Korean Society of Transportation
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• v.21 no.1
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• pp.7-19
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• 2003

The airspace has to be designed considering the flight safety and economic efficiency of aircraft operators. The International Civil Aviation Organization(ICAO) published standards and recommended practices for safe design of the airspace. Each contracting country must follow the ICAO standards in designing the airspace for the utilization of civil aviation. Normally each member establishes its own standards and national aviation law for the safe and efficient design of the airspace, regarding the ICAO standards. However, our government has not developed yet clear and detailed standards and regulation system for airspace design. This might lead to aviation accidents and disputes between operators of aviation system This study is to review the characteristics of ICAO standards and a legal problem related to application of international standards for airspace design. Specifically this research analyzed the case of airspace design and operation of a domestic airport. The results of analysis are as follow: (1) per the safety of civil aviation, it is very required to establish national regulation system to follow ICAO standards in designing airspace, (2) It is also necessary to establish separate procedure for civil aircraft in military air base, when the aerodrome is co-used by military and civil aircraft. If the same procedure for military aircraft is applied to civil aircraft, it is necessary to make clear what the design concept is, (3) and the differences from ICAO standards have to be publicly known.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.97-115
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• 2013

The world-wide principal criteria of aircraft operations is ICAO Annex 6. Operations of Aircraft. Among ICAO Annex 6, Part I is for International Commercial Air Transport - Aeroplanes and it assumes major part of civil aviation. ICAO has been providing Contracting States with SARPs(Standards and Recommended Practices) and monitor each State's reflection degree into their domestic air law, so-called USOAP(Universal Safety Oversight Audit Program). Current ICAO USOAP is Snap-shot method, but it will be changed to USOAP-CMA method from the year of 2013. ICAO USOAP results have overall effects on national aviation industry such as routes, insurance, airlines cooperation and so forth. Low grades of results attract international attention and that leads to flag carrier's operation stoppage, route restriction, airlines cooperation restriction, insurance increase directly or indirectly. Thus it is important to get excellent grades in ICAO USOAP and to maintain confidence. Our government ranked top to get 98.89 grades in 2008 ICAO USOAP but after 2008 the revised provisions have not been reflected sufficiently into our air law. So I would like to grip reflection ratio of ICAO Annex 6 Part I into our domestic air law by using the most updated revised edition on this paper. Together I would like to suggest alternatives for the non-reflected and partially reflected.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.97-121
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• 2006

Inter-Korean exchanges using civil aviation has been continuing since the temporary direct air route from Pyongyang to Seoul was opened on June 15th, 2000 for the summit meeting with North Korea. In this paper, I analyze the North Korea Aviation law by focusing on the differences with South Korean Aviation law. While South Korean Aviation law is modeled on the Pandect system, North Korean Aviation law can only be understood by looking at North Korea's socialist ideology. Therefore, North Korean Aviation law has some expressions which can hardly be understood. With respect to the source of aviation law, both South and North Korea are in compliance with the Convention on International Civil Aviation (Signed at Chicago, on 7 December, 1944). Thus, they established the aviation law based on the standards and recommendations provided by ICAO. For this reason, they have similar legal systems and composition. From this analysis, a few differences are also derived regarding aircraft ownership, airports, airline liability, aircraft accident investigation organization and aviation insurance. It is important to note that this paper has a particular limitation. Not only is the information about North Korean law very limited, but North Korea also does not provide easy access to its national legal codes. This paper describes the legal comparison of South and North Korea by focusing on the formation and framework of North Korean aviation law.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.4
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• pp.398-407
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• 2018

Standard guidelines for marine accident investigation have been prepared through the enforcement of the Casualty Investigation code as of January 2010. In addition, as the International Maritime Organization (IMO) recommended contracting the state to manage a marine incident system established under this code, Korea also has newly established provisions for a marine incident system in the 'Act on the Investigation of and Inquiry into Marine Accidents' also as of 2010. The Korean Maritime Safety Tribunal (KMST) has made a multilateral effort to prevent marine accidents through the efficient operation of a marine incident system, but this system has not been properly activated. This study examines the operational status and problems of a marine incident system and analyzes the marine incident systems of foreign countries and similar transportation agencies such as railroads and aviation. Options include switching to voluntary reporting of marine incidents, transferring responsibility to a non judicial private organization, expanding incentive systems for a marine incidents, revising regulation and preparing detailed implementation guidelines.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.4
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• pp.542-548
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• 2022

In order to reduce marine accidents, each contracting Government needs to implement the instruments enacted and amended by the International Maritime Organization (IMO). The III Code requires each administration of the government to have a system for improvement through periodic review and evaluation and to include performance indicators in its evaluation methods. Thus, each IMO Member State needs to develop its own performance indicators. The purpose of this paper is to develop and present an evaluation model using the Balanced Scorecard (BSC) and Key Performance Indicators (KPI) in order to quantify and evaluate the level of implementation of the instruments by the administrations. From the perspective of 'III-BSC', which applies the BSC concept to the III code requirements, the Critical Success Factors (CSF) that must be secured to achieve the established vision were drawn up, and candidate KPIs for each evaluation area were developed to measure the derived key success factors and an initial study model was designed composed of four levels. The validity of the KPIs was verified and the study model was finalized using the survey design using the SMART technique. Furthermore, based on the developed study model, an evaluation model for the implementation of the BSC-based IMO instruments was developed by deriving the weights of elements for each level through AHP analysis. The developed evaluation model is expected to contribute toward improving the administrations' level of implementation of the IMO instruments as a tool for quantitatively grasping the level of performance of the implementation.

• Korea Trade Review
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• v.41 no.5
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• pp.15-39
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• 2016

Over the past couple of decades, we can see the emergence of a new lex mercatoria. It consists of international conventions or treaty, model laws and international principles. And such new lex mercatoria is driven by the international institutions such as UNCITRAL, UNIDROIT and ICC. The international convention and international principles in the field of international commercial transaction are considered : UN Convention on Contracts for the International Sale of Goods(CISG) and The UNIDROIT Principles(PICC Principles). The former is the statue law for the latter, and the latter sometimes supports the former as an interpretation and supplementation of CISG. So, the purpose of this article is to evaluate and investigate the current status of CISG and PICC Principles in terms of application and interpretation principles. The results are as follows. First, PICC are used for the interpretation and supplementation of international law such as CISG, but CISG is a law, not a rule. Second, CISG and PICC Principles are not often chosen when parties chose the law governing their contract. The parties very often chose a national law ; the number of the parties choosing CISG and PICC Principles as a governing law was very low.