• Journal of the Korean Association of Geographic Information Studies
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• v.13 no.2
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• pp.41-53
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• 2010

Traffic safety assessment is often accomplished by analyzing the number of crashes occurring in some geographic space over certain specific time duration. In this paper, we introduce a procedure that can efficiently analyze spatial and temporal changes in traffic crashes before-and-after implementation of a certain traffic controlling measure. For the analysis, crash frequency data before-and-after closing a major highway around St. Louis in Missouri was collected through Transportation Management System(TMS) database that is maintained by Missouri Department of Transportation (MoDOT). In order to identify any spatial and temporal pattern in crashes, each crash is pinpointed on a map using the dynamic segmentation in GIS. Then, the identified pattern is statistically confirmed using an analysis of variance table. The advantage of this approach is to easily assess spatial and temporal trend of crashes that are not readily attainable otherwise. The results from this study can possibly be applied in enhancing the highway safety assessment procedure. This paper also makes several suggestions for future development of a comprehensive transportation data system in Korea which is similar to MoDOT's TMS database.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.199-222
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• 2017

Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.

• The Korean Journal of Archival Studies
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• no.11
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• pp.15-40
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• 2005

'Governance' is a subject that is widely discussed these days in the government and the academic world. I think that the new concept, 'governance', is a strategy to develop the democracy of the society in its institutional and functional aspects. When we are going to discuss about governance, public records and their relationships, without understanding the meaning of 'public' in Korea, we cannot expect to discuss the matter precisely. It is said that Korean public service sectors are awash with authoritarianism and unreasonableness, and that they are at the center of seething corruption and bribe scandals. It is the legacy that the regimes adopted in the aftermath of the Japanese colonial rule for 35 years. The colonial legacy included not simply the practice of the Japanese colony, but also people who had collaborated the Japanese. The American military government and Rhee, Sung-Man regime also appointed the same officials to government posts. As was the same case in other areas including economy, press, education, politics, law, etc. In this point of view, "Righting historical wrongs", a controversial issue now in Korea, aims at establishing the right relationships between an individual and the public, and eventually laying the foundation of democracy for future generation, a procedure of achieving good governance. Apparently, Korea has made progress in developing democracy, as well as in reforming the government policy and organization. Many independent commissions are performing the projects instead of the government institutions that mandated to do the job, but has not played their roles. The e-government projects in Korea was launched in 2001 by the former administration. However, the confusion of records-management after the promulgation of the act is the result of the lack of strategy and the inconsistency of the vision. Good record-keeping supports effective, transparent and accountable government. Accountability is a key element of good governance. It is a recognized fact that without information, there is no guidance for decision-making, and accountability. Thus without records, there is no accountability for the decisions of actions. Transparency means that the decisions taken and their enforcement are carried out based on led-out rules and regulations. When both accountability and transparency are non-existent, good governance is bound to fail. Archival institutions have to give an attention to inner-governance because of the new trend of archival practice, namely 'macro-appraisal'. This 'macro-appraisal' is a kind of a functions-based approach. However, macro-appraisal focuses not just on function, but on the three-way interaction of function, structure and citizen, which combined reflect the functioning of the state within civil society, that is to say, its governance. In conclusion, the public and democracy are major challenges in the Korean society. The so-called good governance requires good record management. In this respect, records managers are in the front line of instituting good governance, and achieving better public and democracy for future generation, a procedure of achieving good governance.

• Journal of the Computational Structural Engineering Institute of Korea
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• v.28 no.1
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• pp.85-92
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• 2015

This article presents the dynamic instability response of sigmoid functionally graded material plates on elastic foundation using the higher-order shear deformation theory. The higher-order shear deformation theory has ability to capture the quadratic variation of shear strain and consequently shear stress through the plate thickness. The governing equations are then written in the form of Mathieu-Hill equations and then Bolotin's method is employed to determine the instability regions. The boundaries of the instability regions are represented in the dynamic load and excitation frequency plane. The results of dynamic instability analysis of sigmoid functionally graded material plate are presented using the Navier's procedure to illustrate the effect of elastic foundation parameter on dynamic response. The relations between Winkler and Pasternak elastic foundation parameter are discussed by numerical results. Also, the effects of static load factor, power-law index and side-to-thickness ratio on dynamic instability analysis are investigated and discussed. In order to validate the present solutions, the reference solutions are used and discussed. The theoretical development as well as numerical solutions presented herein should serve as reference for the dynamic instability study of S-FGM plates.

• Journal of the Korea Concrete Institute
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• v.22 no.3
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• pp.409-417
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• 2010

This paper discusses a series of experiments including material improvement in order to ensure quality of grouting for the post-tensioned structure. In prestressed concrete, grouting refers to the construction procedure of filling empty space of duct enclosing with strands using cementitious material, To date, adequate quality control of the grouting has not been established in Korea because the relationship between the grouting and durability of post-tensioned structure is not well-recognized. The Korean standard does not consider the important material characteristic, wick effect, which is caused by strands in the ducts and current standard testing method unlikely quantify reasonable material segregation. As a result, the grout material, which meets the current material standards, may exhibit excessive bleeding water or shrinkage during construction. In this study, international codes and standards related to grouting were surveyed. The ratio of constituents and novel admixtures were suggested to meet equivalently with these standards. Performance of this enhanced grout was compared to common domestic grout using the international standard testing method. A series of mock-up specimens considering geometry of PC beam was constructed and grout flow pattern was observed as the grout was injected. It was observed that the grouting performance was highly influenced by material properties and filling characteristic can be varied depending on geometry of ducts.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.7 no.1
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• pp.11-22
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• 1987

A plane buoyant jet discharged vertically upward into a crossflow is analyzed by numerical solution of the governing equations of continuity, momentum and constituent transport. The turbulent transport is modelled by the Prandtl's mixing length theory. In the numerical solution procedure, the governing equations are transformed by stream function and vorticity transport, non-dimensionalyzed by discharge velocity, slot width, and parameters representing flow characteristics, and solved by Gauss-Seidel iteration method with successive underrelaxation. The numerical experiments were performed for the region of established flow of buoyant jet in the range of discharge densimetric Froude number of 4 to 32 and in the range of velocity ratio of 8 to 15, which is the ratio of discharge velocity to crossflow velocity. Variations of velocities and temperatures, flow patterns and vorticity patterns of receiving water due to buoyant jet were investigated. Also investigated are the effects of velocity ratio and discharge densimetric Froude number on the trajectories of buoyant jet. Computed are velocities, temperatures and local densimetric Froude numbers along the trajectory of the buoyant jet. Spreading rate and dispersion ratio were analyzed in terms of discharge densimetric Froude number, local densimetric Froude number and distance from the source along the jet trajectory. It was noted that the similarity law holds in both the profiles of velocity and temperatures across the jet trajectory and the integral type analysis of Gaussian distribution is applicable.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.83-153
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• 2015

As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.9-39
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• 2003

The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

• Journal of the Korean Crystal Growth and Crystal Technology
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• v.18 no.5
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• pp.211-216
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• 2008

The artificial lightweight aggregate (ALA) was manufactured in a rotary kiln at $1125^{\circ}C$ using green body formed by pelletizing the batch powder composing of coal bottom ash (CBA) produced from power plant, clay and dredged soil (DS). The TCLP (Toxicity characteristic leaching procedure) results showed that the dissolution concentration of heavy metal ions of ALA fabricated in this study was below the limitation defined by the enforcement regulations of wastes management law in Korea. The ALA containing 60$\sim$70 wt% CBA had a bulk density of 1.45$\sim$1.49 and a water absorption of 17.2$\sim$18.5 %. The impact values for oven-dry state and saturated-surface dry state of ALA were 27.4$\pm$1.3 and 23.4$\pm$2.6 % respectively. The 28-days compressive strength of concrete made with various ALA was $22.7\sim27.8 N/mm^2$. The slump of concrete with ALA containing CBA 60 and 70 wt% were 7.9 and 14.3 cm respectively. The unit weight of concrete made with any ALA fabricated in this study was satisfied with the standard specifications of lightweight concrete for the civil engineering and construction presented by Korea as below $1.84 ton/m^3$.

• Journal of the Institute of Electronics Engineers of Korea CI
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• v.49 no.4
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• pp.31-41
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• 2012

The law enforcement agencies in the worldwide are confiscating or retaining computer systems involved in a crime/civil case, if there are any, at the preliminary investigation stage, even though the case does not involve a cyber-crime. They are collecting digital evidences from the suspects's systems and using them in the essential investigation procedure. It requires much time, though, to collect, duplicate and analyze disk images in general crime cases, especially in cases in which rapid response must be taken such as kidnapping and murder cases. The enterprise forensics, moreover, it is impossible to acquire and duplicate hard disk drives in mass storage server, database server and cloud environments. Therefore, it is efficient and effective to selectively collect only traces of the behavior of the user activities on operating systems or particular files in focus of triage investigation. On the other hand, if we acquire essential digital evidences from target computer, it is not forensically sound to collect just files. We need to use standard digital evidence container from various sources to prove integrity and probative of evidence. In this article, we describe a new digital evidence container, we called Xebeg, which is easily able to preserve collected digital evidences selectively for using general technology such as XML and PKZIP compression technology, which is satisfied with generality, integrity, unification, scalability and security.