• Journal of the Society of Disaster Information
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• v.15 no.3
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• pp.440-449
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• 2019

Purpose: Fire-fighting organizations are the very first agencies that take actions at a disaster scene, and emergency rescue training is carried out for prompt and systematic response. However, there is a need for a change due to the limitations in emergency rescue trainings such as perfunctory trainings or trainings without considering regional or environmental characteristics. Method: This study is to conduct theoretical review with regard to emergency rescue training and present a measure to improve the emergency rescue training through attitude survey targeting fire-fighting organizations in Gangwon area. Result: Facilities that cause difficulties when doing emergency rescue activity were mostly hazardous material storage and processing facilities. In terms of the level of emergency rescue and response task, most respondents answered that the emergency rescue was insufficient. The respondents answered that the effectiveness of emergency rescue training was helpful, but some responses showed that the training was not helpful because of scenario-based training, seeming training, similar training carried out every year, unrealistic training, and lack of competent authorities' interest and perfunctory participations. Most respondents answered for the appropriateness of emergency rescue training and evaluation that they were satisfied, however, they were not satisfied with the evaluation methods irrelevant to the type of training, evaluation methods requiring unnecessary training scale, and evaluation methods leading perfunctory participations of competent authorities. Lastly, respondents mostly answered that training reflecting various damage situations are necessary regarding the demand on the improvement of emergency rescue training. Conclusion: The improvement measures for emergency rescue training are as follows. First, it is necessary to set and prepare various training contents in accordance with regional characteristics by reviewing major disasters occurred in the region. Second, it is necessary to revise the emergency rescue training guidelines and manuals for appropriate training plan for each fire station, provide education and training for working-level staff members, and establish training in a way that types, tactics, and strategies of emergency rescue training could be utilized practically. Third, it is necessary to prepare a scheme that can lead participation and provide incentive or penalty from the planning stage of training in order to increase the participation of supporting and competent authorities when an actual disaster occurs. Fourth, it is necessary to establish support arrangements and cooperative systems by authority through training by fire stations or zones in preparation for disaster situations that may occur simultaneously. Fifth, it is necessary to put emphasis on the training process rather than the result for emergency rescue training and evaluation, pay attention to the identification of supplement points for each disaster situation and make improvements. Especially, type or form of training should be considered rather than evaluating the execution status of detailed processes, and the evaluation measure that can consider the completeness (proficiency) of training and the status of role performance rather than the scale of training should be prepared. Sixth, type and method of training should be improved in accordance with the characteristics of each fire station by identifying the demand of working-level staff members for an efficient emergency rescue training.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.267-290
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• 2018

This paper reviews and criticizes the EU Case of C-452/13, Germanwings GmbH v. Ronny Henning. Under this case, Ronny Henning later sued Lufthansa's budget carrier Germanwings after it refused to pay him 250 euros compensation for a delay he said totalled more than three hours. Germanwings, however, maintained his flight had arrived only two hours and 58 minutes behind schedule. In those circumstances, the following question to the European Court of Justice (ECJ) for a preliminary ruling: What time is relevant for the term time of arrival used in Articles 2, 5 and 7 of Regulation [No 261/2004]: (a) the time that the aircraft lands on the runway (touchdown); (b) the time that the aircraft reaches its parking position and the parking brakes are engaged or the chocks have been applied (in-block time); (c) the time that the aircraft door is opened; (d) a time defined by the parties in the context of party autonomy? ECJ says that the situation of passengers on a flight does not change substantially when their aircraft touches down on the runway at the destination airport, when that aircraft reaches its parking position and the parking brakes are engaged or when the chocks are applied, as the passengers continue to be subject, in the enclosed space in which they are sitting, to various constraints. Therefore, it is only when the passengers are permitted to leave the aircraft and the order is given to that effect to open the doors of the aircraft that the passengers may in principle resume their normal activities without being subject to those constraints. ECJ rules that it is apparent that Articles 2, 5 and 7 of Regulation No 261/2004 must be interpreted as meaning that the concept of 'arrival time', which is used to determine the length of the delay to which passengers on a flight have been subject, corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.291-314
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• 2018

In recent 3 years, Korea's low-cost airlines have expanded their areas of passenger transportation not only to domestic market but also to Japan, China, Southeast Asia and US territory as a total of 6 companies (8 airlines including small air operation business carriers). Currently, three more airlines have filed for air transportation business certification as future low-cost carriers, and this expansion is expected to continue. To cope with the aggressive airline operations of domestic and foreign low-cost carriers and to enhance their competitiveness, each low-cost airline is taking a number of strategies for promoting cabin service. Therefore, the workload of the cabin crew is increased in proportion to the expansion, and the fatigue directly connected with the safety task performance is increased. It is stipulated in the Enforcement Regulations of the Korea Aviation Safety Act that at minimum, one cabin crew is required per 50 passenger seating capacity, and all low cost carriers are boarding only the minimum cabin crew. Sometimes it is impossible for them to sit in a floor level emergency exit for evacuation, which is the main task of the cabin crew, and this can cause confusion among evacuating passengers in the event of an emergency. In addition, if one of the minimum cabin crew becomes incapacitated due to an injury or the like, it will become a serious impediment in performing emergency evacuation duties. Even in the normal situation, since it will be violating the Act prescription on the minimum cabin crew complement, passengers will have to move to another available airline flights, encountering extreme inconvenience. Annex 6 to the Convention on International Civil Aviation specifies international standards for the determination of the minimum number of cabin crew shall be based only on the number of passenger seats or passengers on board for safe and expeditious emergency evacuation. Thereby in order to enhance the safety of the passengers and the crew on board, it is necessary to consider the cabin crew's fatigue that may occur in the various job characteristics (service, safety, security, first aid)and floor level emergency exit seating in calculating the minimum number of cabin crew. And it is also deemed necessary for the government's regulatory body to enhance the cabin safety for passengers and crew when determining the number of minimum cabin crew by reflecting the cabin crew's workload leading to their fatigue and unavailability to be seated in a floor level emergency exit on low cost carriers.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.367-418
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• 2018

Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

• The Korean Journal of Archival Studies
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• no.48
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• pp.93-139
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• 2016

Aside from serving as a body that monitors and criticizes the government through reviews and comments on public issues, newspapers can also form and spread public opinion. Metadata contains certain picture records and, in the case of local newspapers, the former is an important means of obtaining locality. Furthermore, advertising in newspapers and the way of editing in newspapers can be viewed as a representation of the times. For the value of archiving in newspapers when a documentation strategy is established, the newspaper is considered as a top priority that should be collected. A newspaper archive that will handle preservation and management carries huge significance in many ways. Journalists use them to write articles while scholars can use a newspaper archive for academic purposes. Also, the NIE is a type of a practical usage of such an archive. In the digital age, the newspaper archive has an important position because it is located in the core of MAM, which integrates and manages the media asset. With this, there are prospects that an online archive will perform a new role in the production of newspapers and the management of publishing companies. Korea Integrated News Database System (KINDS), an integrated article database, began its service in 1991, whereas Naver operates an online newspaper archive called "News Library." Initially, KINDS received an enthusiastic response, but nowadays, the utilization ratio continues to decrease because of the omission of some major newspapers, such as Chosun Ilbo and JoongAng Ilbo, and the numerous user interface problems it poses. Despite these, however, the system still presents several advantages. For example, it is easy to access freely because there is a set budget for the public, and accessibility to local papers is simple. A national library consistently carries out the digitalization of time-honored newspapers. In addition, individual newspaper companies have also started the service, but it is not enough for such to be labeled an archive. In the United States (US), "Chronicling America"-led by the Library of Congress with funding from the National Endowment for the Humanities-is in the process of digitalizing historic newspapers. The universities of each state and historical association provide funds to their public library for the digitalization of local papers. In the United Kingdom, the British Library is constructing an online newspaper archive called "The British Newspaper Archive," but unlike the one in the US, this service charges a usage fee. The Joint Information Systems Committee has also invested in "The British Newspaper Archive," and its construction is still ongoing. ProQuest Archiver and Gale NewsVault are the representative platforms because of their efficiency and how they have established the standardization of newspapers. Now, it is time to change the way we understand things, and a drastic investment is required to improve the domestic and international online newspaper archive.

• The Korean Journal of Archival Studies
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• no.47
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• pp.51-93
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• 2016

This study is on management present and improvements on National Records Designation System. National Records Designation System is a system that supports management and preservation of changes of records designated by the government through consideration that such records are worth preserving permanently nationally among records acquired by individual or organization. This system is meaningful in a way that it established systematic foundation to hand down by informatizing historic private records which are in danger to be lost or damaged due to lack of proper care. However, compared to the number of designated records, the information that could be practically drawn from such records are limited. This triggered this study to be launched. National Archive sometimes promotes designation and management of National Designated records. Yet archival information service offering access of user to national designated records are very rare. I conducted survey and interview of managers, field research, and documentary research of 10 records holding institution that keeps national designated records currently. I considered that current management status of National Records Designation System can be figured out minutely through these research. As a result of such research, most of the records holding institutions offered display as their least archival information service. The objective of records informatization was to utilize the records. Also further plans on information service related to records and various utilization were suggested. records holding institution manager did not give positive answer on effect of designating national designated records and cooperation between National Archive. Support to National Archive only focused on preservation. For national designated records holding institution designated after 2011 were not getting proper support. In addition, National Archive's support rarely met records holding institution's need. In such circumstances, things to consider for improvements of National Records Designation System is as following. First, designation of national designated records should be based on the utilization of the record. Each records holding institution's willingness to utilize corresponding records and National Archive's ability to draw the willingness out should be considered. Also, it shouldn't be left as mere complementary policy of National Archive's selecting policy. Second, for National Records Designation System to be managed permanently, it should be changed as the system that supports enhancement of private records management. The aim should point to the direction where private can manage and preserve the records on their own. Third, There needs to be changes on the subject and process of national designated records designation. National designated record is the record that was considered valuable by the government among private records. Thus, such records should be the best one to show private field. Accordingly, records that represent contemporary society and include various states and contents should be chosen to be designated. Moreover, public discussion be formed by citizens and related professionals in order to properly select the record.

• Management & Information Systems Review
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• v.37 no.4
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• pp.1-20
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• 2018

This study aimed to examine earnings quality of firms selected as Global Champs project which has been promoted by the government since 2013 to support small and medium sized enterprises, for the screening year(t-1) and selected year(t). Earing quality is measured as the value of discretionary accruals estimated by Dechow et al.(1995) adjusted Jones model and Kothari et al.(2005) model, respectively. I analyze the differences of earning quality between the Global Champ firms and the paired firms selected through criteria of the similar total assets and the same industry in the screening year and the selected year. This study is motivated by the needs of measurement of the performance of the Project from the accounting transparent point of view. As the results of this study, major findings are summarized as follows. Firstly the earnings quality of the selected firms was lower than that of the paired firms. This can be explained as a result of motivation of earnings management by companies eager to meet the requirements to be selected for the Project. Secondly, in the selected year, the earnings quality was proved to improve, comparing to the screening year. This can be explained by the efforts of companies to reinforce management innovation and transparent management, which in turn led to positive effects on the earnings quality. These findings were found to be consistent in the additional analyses, where the earning quality of the reconstructed sample with only selected companies was compared for the screening year and the selected year, based on the year before the screening year(t-2).

• Journal of Korean Society of Coastal and Ocean Engineers
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• v.31 no.1
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• pp.28-39
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• 2019

In the design process of counter measures against the beach erosion, information like the main sediment transport mode and yearly net amount of longshore and cross shore transport is of great engineering value. In this rationale, we numerically analyzed the yearly sediment budget of the Mang-Bang beach which is suffering from erosion problem. For the case of cross sediment transport, Bailard's model (1981) having its roots on the Bagnold's energy model (1963) is utilized. In doing so, longshore sediment transport rate is estimated based on the assumption that longshore transport rate is determined by the available wave energy influx toward the beach. Velocity moments required for the application of Bailard's model (1981) is deduced from numerical simulation of the nonlinear shoaling process over the Mang-Bang beach of the 71 wave conditions carefully chosen from the wave records. As a wave driver, we used the consistent frequency Boussinesq Eq. by Frelich and Guza (1984). Numerical results show that contrary to the Bailard's study (1981), Irribaren NO. has non negligible influence on the velocity moments. We also proceeds to numerically simulate the yearly sediment budget of Mang-Bang beach. Numerical results show that for ${\beta}=41.6^{\circ}$, the mean orientation of Mang-Bang beach, north-westwardly moving longshore sediment is prevailing over the south-eastwardly moving sediment, the yearly amount of which is simulated to reach its maxima at $125,000m^3/m$. And the null pint where north-westwardly moving longshore sediment is balanced by the south-eastwardly moving longshore sediment is located at ${\beta}=47^{\circ}$. For the case of cross shore sediment, the sediment is gradually moving toward the shore from the April to mid October, whereas these trends are reversed by sporadically occurring energetic wind waves at the end of October and March. We also complete the littoral drift rose of the Mang-Bang beach, which shows that even though the shore line is temporarily retreated, and as a result, the orientation of Mang-Bang beach is larger than the orientation of null pont, south-eastwardly moving longshore sediment is prevailing. In a case that the orientation of Mang-Bang beach is smaller than the orientation of null pont, north-westwardly moving longshore sediment is prevailing. And these trend imply that the Mang-Bang beach is stable one, which has the self restoring capability once exposed to erosion.