• Journal of Environmental Science International
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• v.26 no.9
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• pp.1057-1072
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• 2017

In order to investigate the effect of air temperature reduction on an urban neighborhood park, air temperature data from five inside locations (forest, pine tree, lawn, brick and pergola) depending on surface types and three outside locations (Suwon, Maetan and Kwonsun) depending on urban forms were collected during the summer 2016 and compared. The forest location had the lowest mean air temperature amongst all locations sampled, though the mean difference between this and the other four locations in the park was relatively small ($0.2-0.5^{\circ}C$). In the daytime, the greatest mean difference between the forest location and the two locations exposed to direct beam solar radiation (brick and lawn) was $0.5-0.8^{\circ}C$ (Max. $1.6-2.1^{\circ}C$). In the nighttime, the mean difference between the forest location and the other four locations in the park was small, though differences between the forest location and locations with grass cover (pine tree and lawn) reached a maximum of $0.9-1.7^{\circ}C$. Comparing air temperature between sunny and shaded locations, the shaded locations showed a maximum of $1.5^{\circ}C$ lower temperature in the daytime and $0.7^{\circ}C$ higher in the nighttime. Comparing the air temperature of the forest location with those of the residential (Kwonsun) and apartment (Maetan) locations, the mean air temperature difference was $0.8-1.0^{\circ}C$, higher than those measured between the forest location and the other park locations. The temperatures measured in the forest location were mean $0.9-1.3^{\circ}C$ (Max. $2.0-3.9^{\circ}C$) lower in the daytime than for the residential and apartment locations and mean $0.4-1.0^{\circ}C$ (Max. $1.3-3.1^{\circ}C$) lower in the nighttime. During the hottest period of each month, the difference was greater than the mean monthly differences, with temperatures in the residential and apartment locations mean $1.0-1.6^{\circ}C$ higher than those measured in the forest location. The effect of air temperature reduction on sampling locations within the park and a relatively high thermal environment on the urban sampling locations was clearly evident in the daytime, and the shading effect of trees in the forest location must be most effective. In the nighttime, areas with a high sky view factor and surface types with high evapotranspiration potential (e.g. grass) showed the maximum air temperature reduction. In the urban areas outside the park, the low-rise building area, with a high sky view factor, showed high air temperature due to the effect of solar (shortwave) radiation during the daytime, while in the nighttime the area with high-rise buildings, and hence a low sky view factor, showed high air temperature due to the effect of terrestrial (longwave) radiation emitted by surrounding high-rise building surfaces. The effect of air temperature reduction on the park with a high thermal environment in the city was clearly evident in the daytime, and the shading effect of trees in the forest location must be most effective. In the nighttime, areas with high sky view factor and surface types (e.g., grass) with evapotranspiration effect showed maximum air temperature reduction. In the urban areas outside the park, the high sky view factor area (low-rise building area) showed high air temperature due to the effect of solar (shortwave) radiation during the daytime, but in the nighttime the low sky view factor area (high-rise building area) showed high air temperature due to the effect of terrestrial (longwave) radiation emitted surrounding high-rise building surfaces.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.9-58
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• 2005

The Warsaw Convention-officially denominated the "Convention for the Unification of Certain Rules Relating to International Transportation by Air"- is a major multilateral agreement governing the rights and responsibilities of passengers, consignor/consignee and air carriers in international transportation. Article 29(1) of the Warsaw Convention provides that the right to damages shall be extinguished if an action is not brought within 2 years, reckoned from the date of arrival at the destination, from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped. There has been disagreement as to the nature of this provision. It has been viewed on one hand as a statute of limitations, which may be tolled in appropriate circumstances. Some US Courts which have taken this approach read Article 29(2)-which states that the method of calculating the period of limitation shall be determined by the law of the court to which the case is submitted-as leaving to local law the determination of when the 2-year limitation period provided for in Article 29(1) runs. Therefore, they conclude, under Article 29(2), whenever state law would toll a state statute of limitations, the statute of limitations contained in Article 29(1) would be tolled as well. On the other hand, some other US courts have viewed the 2-year provision contained in Article 29(1) as a condition precedent to the right to bring suit, which will absolutely bar any action not brought within 2 years of the events giving rise to the action. These courts view Article 29(2) as providing only that the forum court should look to the law of the forum on the question whether the plaintiff has taken the necessary measures within the 2-year period to invoke that particular court's jurisdiction over the action. These courts have placed great weight on the "legislative" history of the Convention in reaching this position, noting in particular that the delegates to the Convention expressly considered and rejected a provision, which would have incorporated local tolling provisions.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.33-62
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• 2020

The current air transportation industry is facing a lot of changes not only in the quantitative growth of the market, but also in the legal aspects. For many years, the Warsaw Convention has contributed to the uniform discipline of civil carriers' legal liabilities arising from international aviation accident and has fulfilled the duties of legal guardians for the development of the air transport industry. In the process, however, the consumer interests of the air transport industry did not have much protection compared to other industries. In response, the Montreal Convention has effected for protecting the interests of aviation consumers, and there are numerous legal changes around the world to protect aviation consumers like passengers. The mental damages of airline passengers arising from the accident can also be understood as part of the protection of air consumers. Considering that the US Federal Court has dealt with the recognition of mental damages for air passengers since the early 1990s. However, Korean judicial precedent still excludes mental anguishes from the scope of damage compensation. From this point of view, it is considered academically meaningful to analyze the latest case of the US federal court. Recently, the United States Court of Appeal for the Sixth Circuit in Doe v Etihad Airways applied a different interpretation against the traditional opinion: passengers could not recover for mental distress unless that mental distress resulted from a bodily injury sustained in an airplane accident. The background of the court's conclusions can be explained in many ways, among other things, unlike the Warsaw Convention the new international rule, Montreal Convention is recognizing the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution.

• Korean Journal of Social Welfare
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• v.36
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• pp.39-69
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• 1998

The study is to grope for the unified device of the women's welfare policy in the United Korea by considering and comparing with the women's welfare in South Korea and North Korea centering on the women's welfare law and system among the social security laws and systems in the present both countries. The both Koreas have enforced the different women's welfare policies according to the different ideologies and constitutions. But in the welfare policy women are in the secondary stage by means of the ideology of sexual devision. It, therefore, is clear that the position of the North Korean woman goes in advance of the South Korean woman in the law and system. However, they are similar to the North Korean women in the aspects of the application of law and system. That is, both of them are discriminated not only in home and labor participation, but also in social welfare. There are the patriarchal family system and sexual devision of labor under the discrimination against woman. As though the both sexes are equal in law, the welfare law and system are applicated unequally to woman because of the ideology of sexual devision and familism which family should take the primary responsibility of welfare. From this perspective the women's welfare policy of the United Korea is not just to unify both laws and systems related women's welfare, but to search for the convergence on the higher level of quality and to make the real gender-equal society. The study suggests as the women's welfare the spread of the application of social welfare system, and social security network constructed through the mother protection policy, women's poverty and social security on basis of the primary principles such as the gender equal right as civil right, benefits of social welfare as social right, escape from the patriarchal familism, strengthening of resposibility of state and the principle of women participation in process of social welfare management. The device of women's welfare means building the social welfare system based on the real gender equality, so the unification will be the important turning point for the gender-equal society to the South-North Korean women.

• Geophysics and Geophysical Exploration
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• v.11 no.1
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• pp.52-59
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• 2008

We have developed a new deep-towed marine DC resistivity survey system. It was designed to detect the top boundary of the methane hydrate zone, which is not imaged well by seismic reflection surveys. Our system, with a transmitter and a 160-m-long tail with eight source electrodes and a receiver dipole, is towed from a research vessel near the seafloor. Numerical calculations show that our marine DC resistivity survey system can effectively image the top surface of the methane hydrate layer. A survey was carried out off Joetsu, in the Japan Sea, where outcrops of methane hydrate are observed. We successfully obtained DC resistivity data along a profile ${\sim}3.5\;km$ long, and detected relatively high apparent resistivity values. Particularly in areas with methane hydrate exposure, anomalously high apparent resistivity was observed, and we interpret these high apparent resistivities to be due to the methane hydrate zone below the seafloor. Marine DC resistivity surveys will be a new tool to image sub-seafloor structures within methane hydrate zones.

• Journal of Korean Society of Coastal and Ocean Engineers
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• v.26 no.4
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• pp.197-206
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• 2014

The purpose of this study is to evaluate coastal erosion due to a sea-level rise. The shoreline retreat rate was calculated due to future sea-level rise. Shoreline retreat rates were quantified with the cross-sectional data of 23 sandy coasts (12 sites from east coast, 5 sites from south coast, and 6 sites of west coast) and 3 cross-sectional profiles from each side of the coasts in Korea. The theory of equilibrium beach profile was employed in this study to evaluate the applicability of the theory into the coast of Korea and was tested with 15 cross-sectional beach profiles. Four scenarios of future sea level rise such as 38 cm, 59 cm, 75 cm, and 100 cm were adopted to estimate the shoreline retreat rates. Overall shoreline retreat rates for the coasts in Korea were predicted as 43.7% for 38 cm, 60.3% for 59 cm, 69.2% for 75 cm, and 80.1% for 100 cm sea level rises, respectively. Retreat rates in the east coast (29.6% for 38 cm, 45.1% for 59 cm, 56.0% for 75 cm, and 69.9% for 100 cm) showed relatively low compared to the south coast (51.9%, 67.6%, 77.2%, 87.3%) and the west coast (53.8%, 71.0%, 78.5%, 86.4%). However, all sandy coasts in Korea were assessed to be vulnerable with increasing sea-level rise. There are uncertainties in the assessment of this study, which include the limitation of the assessment model and the lack of the spatio-temporal data of the beach profiles. Therefore, this study shows that it is very important to spend integrated efforts to respond coastal erosion including comprehensive observations(monitoring) and the development of scientific understanding on the field.

• Journal of Korean Society of Coastal and Ocean Engineers
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• v.31 no.6
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• pp.423-433
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• 2019

In order to predict the seabed topography change due to the construction of offshore wind power structures in the west-southern sea of Korea, field observations for tides, tidal currents, suspended sediment concentrations and seabed sediments were carried out at the same time. These data could be used for numerical simulation. In numerical experiments, the empirical constants for the suspended sediment flux were determined by the trial and error method. When a concentration distribution factor was 0.1 and a proportional constant was 0.05 in the suspended sediment equilibrium concentration formulae, the calculated suspended sediment concentrations were reasonably similar with the observed ones. Also, it was appropriate for the open boundary conditions of the suspended sediment when the south-east boundary corner was 11.0 times, the south-west was 0.5 times, the westnorth 1.0 times, the north-west was 1.0 times and the north-east was 1.0 times, respectively, using the time series of the observed suspended sediment concentrations. In this case, the depth change was smooth and not intermittent around the open boundaries. From these calibrations, the annual water depth change before and after construction of the offshore wind power structures was shown under 1 cm. The reason was that the used numerical model for the large scale grid could not reproduce a local scour phenomenon and they showed almost no significant velocity change over ± 2 cm/s because the jacket structures with small size diameter, about 1 m, were a water-permeable. Therefore, it was natural that there was a slight change on seabed topography in the study area.

• Journal of Animal Environmental Science
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• v.17 no.sup
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• pp.61-68
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• 2011

To assess the total cost with all stages of facilities, the feasibility of Life Cycle Cost (LCC) analysis was examined in this study to estimate the livestock manure treatment system and optimal decision making process. For the economic evaluation, the plant/equipment investment and annual operation cost of four Public Livestock Recycling Facilities, whose treatment capacity is 100 ton piggery manure per day, was compared. The initial cost was in the range of 2,699 million won to 3,202 million won, where T and E methods were highest and lowest, respectively. The annual operation cost was in the level of 378 million to 498 million won, which decreased in the following order : T method > J method > E method > B method. For the LCC analysis, 4.7% of interest rate, 3.13% of inflation rate, and 1.52% of net discount rate was considered by the data received from Bank of Korea and Statics Korea in the period of 2000 to 2009. Also, for the calculation of present value factor, the durable years of civil engineering & construction, machinery and electric instrument was 30 years, 10 years and 15 years, respectively. Based on these consideration, operation cost was in the range of 17,570 won/ton to 20,661 won/ton, and E method (17,570 won/ton) was economical and B method (20,661 won/ton) was non-economical. Though initial cost of T method was higher than that of B method, LCC analysis of T method was lower than that of T method due to the lower operation cost. Therefore, LCC analysis, which considers both initial cost and operation cost, is more reasonable evaluation method than either initial cost or annual operation cost. For the change of LCC analysis according to the uncertainty, the sensitivity analysis was carried out using fluctuation magnitude of discount rate in the period of 2000 to 2009. As a result, LCC analysis evaluated by discount rate was stable for the uncertain factors since the cost leadership did not change even though the sensitivity analysis varied. In summary, the economic evaluation using LCC analysis could be an efficient reference to choose the suitable livestock manure treatment plants. Furthermore, standardization of statement calculation for the actual cost analysis should be conducted and more detailed study is necessary to validate this summary. Therefore, the application of comprehensive technology evaluation, which considers LCC analysis, should contribute in obtaining objectivity and enhancing reliability for the 'Evaluation of Livestock Manure Treatment System and its Technology'.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.3-82
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• 2015

This paper is concerned in the theme of the liability for the breach of duty to inform(Haftungszurechnung der $Aufkl{\ddot{a}}rungspflichtverletzung$) and the malpractice of cosmetic surgery. Here, the terms, treatments for healing purposes and purely medical-technical cosmetic operations are well integrated in the category of "medical conduct(medizinische Handlung)" within the meaning of the public and administrative 'Medical Law'. In the judgment of 6. 13. 2013 Az. 2012DA94865 provides the KHGH(Korean Highest Court of Justice) to inform the patient about the prospects and risks of cosmetic surgery(Infrabrow Excision Blepharoplasty) stringent requirements, similar to the judicature of BGH(cf. BGH, Urt. v. 6. 11. 1990, Az.: VI ZR 8/90). Even in the judgment of 5. 12. 2014 Az. 2013GASO865646 the SZLG(Seoul Central Regional Court) recognizes the physician contract for 'cosmetic septoplasty' as a sort of contract for work. The medical treatment(${\ddot{a}}rztliche$ Heilbehandlung) is still regarded as a prototype of the medical activity, therefore in the meaning of the 'Civil Law(KBGB)', its term needs to be used immediately for healing purposes. The cosmetic operation, desired by a patient, differs from the healing treatment by the element of "indication" and the fact that the "healing purpose(Heilzweck)" itself is missing. In comparative context - methodically fully aware that the unreflective term transfer between different laws might contradict their legal purposes - a series of judgments BSG(BSGE 63, 83, BSGE 72, 96, BSGE, 82, 158, BSGE 93, 252 etc.) and some judgments of LSG are reviewed. In addition, also the dogmatic topic for the "legal natur of a medical treatment contract" is to reconsider by comparative introducing BGHZ 63, 306. Now in view of the current state of greater popularity of artificial cosmetic surgery still indeed is the sentences: The doctor is minister naturae, a helper of nature. A doctor promises regularly only the proper treatment of the patient, but the contractual liability for work should not be excluded in medical conditions for cosmetic surgeries altogether. "With cosmetic operations, seeking to eliminate the external deformities, the doctor may miss the medical profession entirely." - A. Laufs, Medical Law, 5th ed. P. 18.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.297-341
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• 2017

We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.