• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.53-75
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• 1993

This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

• Journal of the Korean Geographical Society
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• v.48 no.5
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• pp.686-708
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• 2013

The goal of this investigation is to examine the matter as to how various cyberpolitical activities such as on-line civic participation, cyber parties, development and movement of civil society networks are appeared in cyberspace; and how political activities in cyberspace are associated with offline environment. This research was based on in-depth and open-ended interviews centering around 20s (32 interviewees) and the major results are as in the following. First, in terms of on-line civic participation, searching political issues occur in places, where internet users can access information easily relatively, and creating or reconstructing political information is identified in places giving stability or affinity to the public society. Second, even though each party's homepage for the channel of cyber parties has enough capacity as bridgespace, which takes charge of supporting f lows of people, goods, capital, and ideas, most of them don't play a role to establish virtual or real networks. Exceptively, cyber parties contribute to make temporalized places, where nobody takes the responsibility, somewhat. Third, the development and movement of civil society networks is divided into several segments according to political interests and tendency in online; furthermore, such a cyberpolitical activity influences human networks and the decision of major places for political activities in offline.

• Korean Journal of Social Welfare
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• v.57 no.3
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• pp.251-276
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• 2005

While the endeavor to introduce the service activity in the college education is enlarged, the object of this study is to introduce the concept of service learning in social work education. The 'Service-Learning' is focusing on the practical education, the liaison and participation in community and the promotion of civil awareness which are very important in social work education that focuses on the interest and participation in the human and social problem as practical study. This study contemplates the educational effect of the course of social work combined with service learning. This study verifies the change of the self-efficacy, the altruism, social responsibility as personal growth of students by carrying out the course of social welfare and service activities side by side. To investigate the learning effect qualitative analysis in journal of service activity was done. Through the service learning, students showed the promotion in self-efficacy, social responsibility. And as a result of qualitative analysis, it was found that students could participate in the intervention of family problems, could have lots of understanding of theory, could increase the interest of family welfare, could experience a change of perception about the client. Based on the above mentioned results, this study address that Service-Learning is useful teaching methodology in social work education to accomplish the personal growth of students and promote the learning effects.

• Journal of Engineering Education Research
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• v.12 no.1
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• pp.31-41
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• 2009

With the rapid development of science and technology and their increased impacts on our society, we witness a growing recognition of the importance of engineers' social responsibility and their professional ethics. Especially, the introduction of EC2000 and ABET into engineering education has been contributed to reinforce the systemization of ethics instruction. However, we could not attain the educational goal of integration of engineering education and ethics by general declaration of its importance. We need to deal with the vital questions how to institutionalize and implement engineering ethics in engineering curriculum. This article focuses on three aspects. First, it mainly outlines the developments and the traits of engineering education in American universities. Second, by classifying the engineering ethics education into several patterns, we discuss the characteristics and implications according to those Patterns. Third, it is helpful to explore the way how we could apply these patterns to Korean engineering education. It is expected to combine the stand-alone engineering ethics lectures with ethics -across -the -curriculum considering each university's circumstances and resources. Still, many challenges remain, most notably the need for engineering faculty and non-engineering faculty to cooperate and accept for engineering ethics education.

• Korean Journal of Construction Engineering and Management
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• v.22 no.2
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• pp.106-118
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• 2021

Global governments and initiatives have attempted and integrated various organizational efforts to implement the 17 Sustainable Development Goals (SDGs), presenting a new paradigm of sustainable development to address global issues (climate change, poverty eradication, and human rights). Recently, investment in sustainable finance has expanded to finance the attainment of goals set out in the Paris Agreement and SDGs. Non-financial factors such as environment, social responsibility, and governance (ESG) have become intangible assets that determine the future competitiveness and profitability of companies. Domestic and foreign institutional investors and asset management companies have been expanding their investments based on the ESG performance of companies. In this study, we aim to derive international standards and initiatives that require disclosure of information on corporate social responsibility activities and ESG performance and analyze construction companies' ESG activities and performance levels. The results of this study can be used as the basis to develop platforms for the construction industry ESG ecosystem and the measurement and management of intangible assets. These could ultimately contribute to overcoming the crisis in the future due to the outbreak of the COVID-19 pandemic, fostering net-zero emissions, and preventing fatal workplace accidents in the construction industry.

• Journal of Legislation Research
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• no.54
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• pp.261-301
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• 2018

In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.177-200
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• 2017

This writer have thus far reviewed the civil and criminal obligations of the directors of a parent company that sponsored financially troubled affiliates. What was discussed here applies to logistics companies in the same manner. Hanjin Shipping cannot expect its parent company, Korean Air to prop it up financially. If such financial aid is offered without any collateral, under Korean criminal law, the directors of the parent company bears the burden of civil and criminal responsibility. One way to get around this is to secure fairness in terms of the process and the content of aid. Fairness in terms of process refers to the board of directors making public all information and approving such aid. Fairness in terms of content refers to impartial transactions that block out any possibilities of the chairman of the corporate group acting in his private interest. In the case of Korean Air bailing out Hanjin, the meeting of board of directors were held five times and a thorough review was conducted on the risks involved in the loans being repaid or not. After the review, measures to guard against undesirable scenarios were established before finally deciding on bailing out Hanjin. As such, there are no issues. In terms of the fairness of content, too, there were practically no room for the majority shareholder or controlling shareholder to pocket profits at the expense of the company. This is because the continued aid offered to a financially troubled company (i.e. Hanjin Shipping) was a posing a burden to even the controlling shareholder. This writer argues that the concept of the interest of the entire corporate group needs to be recognized. That is, it must be recognized that the relationship of control and being controlled between parent company and affiliate company, or between affiliate companies serves a practical benefit to the ongoing concern and growth of the group and is therefore just. Moreover, the corporate group and its affiliates, as well as their directors and management must recognize that they have an obligation to prioritize the interests of the corporate group ahead of the interests of the company that they are directly associated with. As such, even if Korean Air offered a loan to Hanjin Shipping without collateral, the act cannot be treated as an offense to law, nor can the directors be accused of damages that they bear the responsibility of compensating under civil law.

• Korea Journal of Hospital Management
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• v.11 no.1
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• pp.1-30
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• 2006

According to the available data, in these days, the number of medical accidents and disputes have significantly increased since 1990 in Korea. From this aspect, a variety of approaches and efforts to solve these problems is needed before it is too late. This study intended to identify the thoughts of patients who are directly connected with medical accidents and disputes and then to consider reasonable settlement methods of the increasing disputes. For achieving the purpose of this study, the self-administerd questionnaire was conducted with 450 out-patients who visited three university hospitals, five small and medium-sized hospitals, and ten clinics in Seoul from June 13 to 17, 2005. Incomplete questionnaires were omitted and 410 respondents(91%) were included for the analysis of this study. Each section of the survey was composed of six categories such as the recognition of malpractice, a compensation system about no-fault medical accidents, the recognition of the judgement of medical accidents in court, reasonable settlement of medical accidents, reasons of lawsuit, and the need of the medical dispute settlement organization. The major results of this study were as follows. First, more than half of the respondents, 51.9 percent, worry about malpractice. And many respondents think malpractice causes their symptoms to persist or become worse, and also some respondents think that the doctor's prescription changed too frequently. Second, as for a compensation system about no-fault medical accident, 55.7 percent of the respondents insist that a proper compensation for suffering patients or their families should be provided. And also as for the responsibility of compensation, respondents think joint compensation of both the medical institution and the government is needed foremost, followed by the medical insurance company and finally by the medical institution. The government as well as the related institutions should take responsibility for malpractice accidents for which the doctor is not responsible. Third, as for the acknowledgment of medical accident judgements by the court, 32.8 percent of respondents think that it is best to compromise with a medical institution, followed by lawsuit(26.2%), the assistance of civil organization(23.2%), and a powerful physical protest(7.6%). Fourth, as for the lawsuit of medical accidents, 62.9 percent of respondents think that patients and their families would be in a disadvantageous position in relation to medical institutions and doctors mentioning the lack of professional medical and lawful knowledge, experience and know-how as the reason. So many people have given up appeals owing to the difficulties involved in defending themselves through evidence. Fifth, about a half share of the respondents indicated that the medical institution's neglect of the responsibility of medical accidents is one of the most important reasons of lawsuit. And next respondents mentioned the lack of the medical dispute settlement organization and a general distrust of medical institutions and doctors. Sixth, a majority of respondents consented to the introduction of the need of the medical dispute settlement organization, And about a half of the respondents mentioned a readiness to accept the mediation of the organization, but the rest did not express a clear opinion. It seems that conflict among the parties concerned have existed in relation to the medical dispute settlement organization and related legislation for many years. But as this study has shown, the needs of the medical dispute settlement organization is in desperate demand. Therefore, more negotiation efforts from all interest groups should be considered for the birth of the medical dispute settlement organization and related legislation.

• Journal of the Korean Society of Systems Engineering
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• v.10 no.1
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• pp.1-15
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• 2014

Refinery plant producing petroleum products from crude oil has significantly contributed to the creation of the national interests as a leading engineering industries. However, domestic Engineering Procurement Construction (EPC) companies are facing heavy competition for orders. Domestic EPC companies as EPC contractors are faced with some problems such as undertaking responsibility for FEED packages produced by other FEED companies. But domestic EPC contractors are unfamiliar to development and validation of FEED packages. It causes poor profitability and lower competitiveness of domestic companies. It is necessary for domestic companies to have capability to perform FEED activities in order to overcome these limitations instead of focusing on EPC phase after FEED phase. The systematic procedure is needed to perform the FEED activities, however, there are present difficulties on it due to the lack of experience in FEED packages development which require various engineering knowledge of chemical process, mechanics, electrics, instrumentation, civil engineering. This study has applied systems engineering method which is multi-disciplinary approach to derive and verify the solution to meet the customer's needs when the complex system is developed to task execution process development of FEED activities for refinery plant. The problems that may occur in the future were identified in advance by taking into account the various stakeholders and system context through the application of systems engineering. It helps to develop the task execution process systematically. The developed task execution process of FEED activities is planned to make effectiveness verified by engineering professionals experienced in FEED and continually enhance this process by field application.

• Proceedings of the Korea Concrete Institute Conference
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• 2006.05a
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• pp.5-21
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• 2006

Traditional standards and specifications for concrete have largely been prescriptive, (or prescription-based), and can sometimes hinder innovation and in particular the use of more environmentally friendly concretes by requiring minimum cement contents and SCM replacement levels. In December 2004, the Canadian CSA A23.1-04 standard was issued which made provisions (a) for high-volume SCM concretes, (b) added new performance requirements for concrete, and (c) clearly outlined the requirements and responsibilities for use in performance-based concrete specifications. Also, in December 2003, the CSA A3000 Hydraulic Cement standard was revised. It (a) reclassified the types of cements based on performance requirements, with both Portland and blended cements meeting the same physical requirements, (b) allows the use of performance testing for assessing sulphate resistance of cementitious materials combinations, (c) includes an Annex D, which allows performance testing of new or non-traditional supplementary cementing materials. From a review of international concrete standards, it was found that one of the main concerns with performance specifications has been the lack of tests, or lack of confidence in existing tests, for judging all relevant performance concerns. Of currently used or available test methods for both fresh, hardened physical, and durability properties, it was found that although there may be no ideal testing solutions, there are a number of practical and useful tests available. Some of these were adopted in CSA A23.1-04, and it is likely that new performance tests will be added in future revisions. Other concerns with performance standards are the different perspectives on the point of testing for performance. Some concrete suppliers may prefer processes for both pre-qualifying the plant, and specific mixtures, followed only with testing only 'end-of-chute' fresh properties on-site. However, owners want to know the in-place performance of the concrete, especially with high-volume SCM concretes where placing and curing are important. Also, the contractor must be aware of, and share the responsibility for handling, constructability, curing, and scheduling issues that influence the in-place concrete properties.