• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.147-162
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• 1989

The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

• KDI Journal of Economic Policy
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• v.14 no.2
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• pp.109-153
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• 1992

This paper estimates a translog cost function for the Korea's banking industry and derives various implications on the prospect for the Korean banking structure in the future based on the estimated efficiency indicators for the banking sector. The Korean banking industry is permitted to operate trust business to the full extent and the security business to a limited extent, while it is formally subjected to the strict, specialized banking system. Security underwriting and investment businesses are allowed in a very limited extent only for stocks and bonds of maturity longer than three year and only up to 100 percent of the bank paid-in capital. Until the end of 1991, the ceiling was only up to 25 percent of the total balance of the demand deposits. However, they are prohibited from the security brokerage business. While the in-house integration of security businesses with the traditional business of deposit and commercial lending is restrictively regulated as such, Korean banks can enter the security business by establishing subsidiaries in the industry. This paper, therefore, estimates the efficiency indicators as well as the cost functions, identifying the in-house integrated trust business and security investment business as important banking activities, for various cases where both the production and the intermediation function approaches in modelling the financial intermediaries are separately applied, and the banking businesses of deposit, lending and security investment as one group and the trust businesses as another group are separately and integrally analyzed. The estimation results of the efficiency indicators for various cases are summarized in Table 1 and Table 2. First, security businesses exhibit economies of scale but also economies of scope with traditional banking activities, which implies that in-house integration of the banking and security businesses may not be a nonoptimal banking structure. Therefore, this result further implies that the transformation of Korea's banking system from the current, specialized system to the universal banking system will not impede the improvement of the banking industry's efficiency. Second, the lending businesses turn out to be subjected to diseconomies of scale, while exhibiting unclear evidence for economies of scope. In sum, it implies potential efficiency gain of the continued in-house integration of the lending activity. Third, the continued integration of the trust businesses seems to contribute to improving the efficiency of the banking businesses, since the trust businesses exhibit economies of scope. Fourth, deposit services and fee-based activities, such as foreign exchange and credit card businesses, exhibit economies of scale but constant returns to scope, which implies, the possibility of separating those businesses from other banking and trust activities. The recent trend of the credit card business being operated separately from other banking activities by an independent identity in Korea as well as in the global banking market seems to be consistent with this finding. Then, how can the possibility of separating deposit services from the remaining activities be interpreted? If one insists a strict definition of commercial banking that is confined to deposit and commercial lending activities, separating the deposit service will suggest a resolution or a disappearance of banking, itself. Recently, however, there has been a suggestion that separating banks' deposit and lending activities by allowing a depository institution which specialize in deposit taking and investing deposit fund only in the safest securities such as government securities to administer the deposit activity will alleviate the risk of a bank run. This method, in turn, will help improve the safety of the payment system (Robert E. Litan, What should Banks Do? Washington, D.C., The Brookings Institution, 1987). In this context, the possibility of separating the deposit activity will imply that a new type of depository institution will arise naturally without contradicting the efficiency of the banking businesses, as the size of the banking market grows in the future. Moreover, it is also interesting to see additional evidences confirming this statement that deposit taking and security business are cost complementarity but deposit taking and lending businesses are cost substitute (see Table 2 for cost complementarity relationship in Korea's banking industry). Finally, it has been observed that the Korea's banking industry is lacking in the characteristics of natural monopoly. Therefore, it may not be optimal to encourage the merger and acquisition in the banking industry only for the purpose of improving the efficiency.

• KIPS Transactions on Software and Data Engineering
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• v.7 no.8
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• pp.287-296
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• 2018

In the recent commercial DBMS market, as the users' burden and complaint which are related to high price licensing policy and late technical support service are increasingly rising, the concern for use of open source DBMS which has no problem with compatibility or stability is escalating. Due to the fact, the cases saving the cost are growing by converting Oracle Corporation's applications, which has about 60% share in the DBMS market, to an open source DBMS. However, in converting non-interchange sentences to an ANSI standard-based open source DBMS because of the use of PL/SQL in Oracle Corporation provides, a lot of manual work accompanies, so there is a lot of loss of time and money. Therefore, a tool that automatically converts PL/SQL to standard SQL is required. The proposed automation tool for the conversion of applications converts PL/SQL to Java Stored Procedure, an open source DBMS-based ANSI standard programming language. Through carrying out a test on the automation tool, it is proved that the tool will contribute to shortening time and saving cost by verifying the identity of input-output data and its reliability after correcting errors in converting to Java Stored Procedure.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.12 no.3
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• pp.41-63
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• 2004

The area covered by product liability in broadest sense is so vast that an attempt to analyse all its impact on the aviation world risk. Every effort has been made to confine our review of subject a closely as possible to its influence on aircraft manufacturers, airlines and passengers, in spite of strong connections with other spheres of commercial. Product Liability in aviation is the liability of aircraft's manufacturer, processor or non-manufacturing seller for injury to the person or property of a buyer or third party caused by a product which has been sold. Here-in a product is aircraft, third party is passengers who suffered damage by defective design, defective construction, inadequate instructions for handling in aircraft. Whenever a product turns out to be defective after it has been sold, there are under Anglo-American law three remedies available against the aircraft's manufacturer (1) liability for negligence (2) breach of warranty (3) strict liability in tort. There are Under continental law Three remedies available against the aircraft's manufacturer (1) liability for defective warranty (2) liability for non-fulfillment of obligation (3) liability in tort. It is worth pointing out here an action for breach of warranty or for defective warranty, for non-fulfillment of obligation is available only to direct purchaser on the basis of his contract with the aircraft's manufacturer, which of course weakness its range and effectiveness. An action for tort offers the advantage of being available also to third parties who have acquired the defective product at a later stage. In tort, obligations are constituted not only by contract, but also by stature and common law. In conclusion, There in no difference in principle of law. In conclusion I would like to make few suggestions regarding the product liability for aircraft's manufacturer. Firstly, current general product liability code does not specify whether government offices(e.g. FAA) inspector conducted the inspection and auditory certificate can qualify as conclusive legal evidence. These need to be clarified. Secondly, because Korea is gaining potential of becoming aircraft's manufacturer through co-manufacturing and subcontracting-manufacturing with the US and independent production, there needs legislation that can harmonize the protection of both aircraft's manufacturers and their injured parties. Since Korea is in primary stage of aviation industry, considerate policy cannot be overlooked for its protection and promotion. Thirdly, because aircraft manufacturers are risking restitution like air-carriers whose scope of restitution have widened to strict and unlimited liability, there needs importation of mandatory liability insurance and national warranty into the product liability for aircraft's manufacturers. Fourthly, there needs domestic legislation of air transportation law that clearly regulates overall legal relationship in air transportation such as carrier & aircraft manufacturer's liability, and aviation insurance.

• Proceedings of the Korea Water Resources Association Conference
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• 2009.05a
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• pp.260-266
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• 2009

Non-revenue water reduction(NRW) technologies are implemented to evaluate and manage leakages scientifically in water distribution systems under local governments. A development of quantitative leakage indicator by measuring minimum night flow, pressure control policy by installation of PRV(pressure reducing valve) and the establishment of leakage prevention schemes by residual life modeling of deteriorated water pipes are reviewed and studied. Estimation models of allowable leakage are developed by measuring and analyzing minimum night flow at residential and commercial area in Nonsan city, which is suggested from UK water industry and can improve an existing leakage indicator for the evaluation of non-revenue water. Also, pressure control method is applied and analyzed to Uti distribution area in Sacheon city in the operation aspect. As results, $466\;m^3/day$ of leakage can be reduced and it is expected that 113million won of annual cost can be saved. In the part of corrosion velocity and residual life assessment, non-linear prediction models of residual thickness are proposed by assessment of corrosion velocity based on exposure years, soil and water quality etc., since the deteriorated water pipe play a major role to increase leakage. It is expected that collection data and analyzing results can be applied effectively and positively to reduce non-revenue water by accumulating surveying data and verifying the results in the business field of water distribution systems under local governments.

• The Journal of Fisheries Business Administration
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• v.39 no.1
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• pp.87-114
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• 2008

The cultured tuna production which has suddenly expanded at the short time and the demand for it attract attention. Farming mode, distribution transactions, change of the market (domestic and international) and the price trend are reviewed from the Japan's position which is the biggest consuming country. This paper tries to describe the current status of the food system related to the cultured tuna. Japanese government began the development of the tuna culture technology in 1970. It was by the Fisheries Agency's project. Kinki University which is the large scale private university in Japan participated in the project. After that, 32 years have passed. Kinki University established the full farming of the bluefin tuna in August, 2002. On the other hand, in 1974, one Japanese private enterprise began its tuna farming business in Canada. Kinki University gave this company technical cooperation. Also, in the early stages of the 90s, as for the policy of the overseas fishery cooperation foundation, it supported the tuna farming business in Australia. It is very clear to understand that the long-term technological-development has supported the take-off scene of the tuna culture business not only in foreign countries but also in Japan. The total shipment scale of the cultured tuna expanded very much within about 10 recent years. However, the decrease of the wild tuna catch, the reinforcement of the fisheries regulation and the tuna body to dwarf are remarkable now. Under the condition as the mentioned above, Japan's tuna consumption, especially, in the market at the fatty meat of tuna of the cultured tuna is building up firm status. At present, the Mediterranean Sea coastal countries, Australia, Mexico and Japan have the tuna farming sites. Australia farms the southern bluefin tuna. The others do the bluefin tuna. About for 3 years, Japan farms the juvenile of the tuna. The global production areas are as follows. 8 coastal countries of the Mediterranean Sea; 18,000 tons (61 % of the cultured tuna quantity in foreign countries), Mexico; 4,500 ton (15%), Australia; 7,000 tons (24%). In 2003, Japan has 32 managements and 39 offices for tuna farming. In Japan, Kyushu and Okinawa district, the share shows itself as 80 % of the domestic production quantity. Especially, the share of Amami-oshima Island in Kagoshima Prefecture exceeds 60 %. Therefore, this island has the maximum production scale of Japan. The amount of supply of BT and SBT was 56,000 tons in 2004. In Abroad, the tuna farming business forms a fixed connection between the importer and the wholesaler which have their office in Japan. In the field of the capital composition, the payment in advance, transaction and the way of settlement, each maintains their fixed relation. The market conditions of the cultured tuna are supported by "the decline of price level" and "the expansion of the general public consumption segment". These lead a team merchandising, and it is supported by the fixed business connection of each. This makes the profit of each business which are on the cultured tuna distribution. However, they have competition on the power balance among them.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.34
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• pp.77-108
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• 2007

The traditional name given to the insurance of third party liabilities and certain contractual liabilities which arise in connection with the operation of ships is protection and indemnity(P & I) insurance. P & I insurance is very different from traditional hull and machinery insurance in that shipowners' hull and machinery insurance is designed primarily to protect the assured against losses to his vessel, whereas P & I insurance seeks to indemnify an shipowner in respect of the discharge of legal liabilities he has incurred in operating his own vessels. This study is to examine the background of establishment of British P & I clubs md, therefore, the identity of P & I insurance. The present British P & I clubs are the remote descendants of the many small and local hull mutual insurance clubs that were formed by British shipowners in the end of 18th century. At that time, British shipowners were dissatified with the state of marine insurance market and, therefore, established clubs together in mutual hull insurance clubs. After the removal of the company monopoly in 1824, greater competition had a good effect on the rates, terms of cover and service offered by the commercial marine insurance market and by Lloyd's underwriters, and the hull clubs became less necessary and went into decline. The burden of British shipowners on liabilities to third parties was steadily increased after the middle of the 19th century, but the amount insured under hull policy was limited in the insured value of the ship. Eventually, the first protection club, that is, the Shipowners' Mutual Protection Society was formed in 1855. It was designed to like past mutual hull clubs, but to cover liabilities for loss of life and personal injury and also the collision risks excluded from the current marine policies, particularly the excess above the limits in hull policies. In 1870, the risks of liability for loss of or damage to cargo carried on board the insured ship was first awarded by the British shipowners. After 1874, many protection clubs formed indemnity club to cover the risk of liability for loss or damage to cargo. As mentioned above, British P & I clubs have been steadily changed according to the response of shipowners under the rapidly changing law of British shipowners' liability, and so on in the future.

• Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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• v.16 no.2
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• pp.81-89
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• 2002

The Battery Energy Storage System (BESS) has lots of advantages such as load leveling, quick response emergency power (spinning reserve), frequency and voltage control, improvement of reliability, and deferred generation and transmission construction. However, it is very critical that economic feasibility requires justification from the customer side of meter to promoting the dissemination of BESS in nation widely. In this paper, we proposed the economic assessment model of customer owned BESS which is complemented and improved the existing model. The proposed model is applied to the typical customer types, i.e. light industrial, commercial, and residential, which are taken from the statistical analysis on the load profile survey of Korea Electric Power COmpany (KEPCO). The economic viability performed for each customer load type to justifying their economic feasibility of BESS installation from the economic measures such as payback period, Net Present Worth (NPW), Rate Of Return (ROR). The results show that the BESS has economic benefits to the specific customer type, i.e. residential customer. Therefore, the government and the energy agency should be committing the support program, such as tax incentive, financial support, to disseminate the BESS nation widely. The results of this paper are useful to the customer investment decision-making and the national energy policy & strategy in Korea.

• Journal of the Korean Wood Science and Technology
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• v.45 no.5
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• pp.650-660
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• 2017

In this study, simplified LCA (life cycle assessment) tool was developed to increase accessibility and availability on LCA timber construction. The result of simplified LCA was compared with commercial program on LCA (Simapro.7) to verify its availability. As a result of evaluating environmental impacts with the Life Cycle Inventory of all processes, gap between LCA and simplified LCA tools of timber construction was about 1%. Therefore, the simplified LCA tool could analyse greenhouse gas emissions of timber construction and to expand number of data set through improved conveniency of users for developing database of timber construction in Korea. The reduction effects of greenhouse gas emissions of timber construction was about 53% of total emission offset up to construction phase. The results of this study would support decision making process to expand to timber construction policy to showcase environmental friendliness of timber construction. It was expected to contribute to response to the New climate regime in forestry.

• The Journal of the Korea Contents Association
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• v.17 no.3
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• pp.532-541
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• 2017

Design is an extremely critical and important for the prosperity and development of a corporation, and design for children's facilities can be said to be a critical factor not only from a commercial perspective but also one of the critical factors that can be beneficial to the physical, intellectual and emotional growth and development of children. To measure the economic value of publicly designed children's facilities established with the purpose of children's design education, this research study utilized the Contingent Valuation Method. This research study attempts to provide useful information for policy administrators on the usage of both publicly designed children's facilities with high use value and also high non-use value through economic value measurement. To achieve the objectives of this research, the Contingent Valuation Method that utilized both open-ended questions and also double-bounded dichotomous choice methodologies was used. The results of the pre-verification that used the open-ended questions results from 50 test subject participants and the double-bounded dichotomous choice methodology results from 530 test subject participants confirmed that the average annual per person expense was estimated to be KRW 12,463. The gross benefit amount figure estimated for all households in the nation was estimated to be about KRW 219 billion annually.