• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.109-134
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• 2014

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation of assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (Regulation No 261/2004) provides extra protection to air passengers in circumstances of denied boarding, cancellation and long-delay. The Regulation intends to provide a high level of protection to air passengers by imposing obligations on air carriers and, at the same time, offering extensive rights to air passengers. If denied boarding, cancellation and long-delay are caused by reasons other than extraordinary circumstances, passengers are entitled for compensation under Article 7 of Regulation No 261/2004. In Wallentin-Hermann v Alitalia-Linee Aeree Italiane SpA(Case C-549/07, [2008] ECR I-11061), the Court did, however, emphasize that this does not mean that it is never possible for technical problems to constitute extraordinary circumstances. It cited specific examples of where: an aircraft manufacturer or competent authority revealed that there was a hidden manufacturing defect on an aircraft which impacts on safety; or damage was caused to an aircraft as a result of an act of sabotage or terrorism. Such events are not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin. One further point arising out of the court's decision is worth mentioning. It is not just necessary to satisfy the extraordinary circumstances test for the airline to be excused from paying compensation. It must also show that the circumstances could not have been avoided even if all reasonable measures had been taken. It is clear from the language of the Court's decision that this is a tough test to meet: the airline will have to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able - unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time - to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight.

• International Commerce and Information Review
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• v.5 no.2
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• pp.3-17
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• 2003

This paper examined a e-Business utility of on-line shopping mall firms. Based on the literature review and cases study, the following results were found. First, in e-business policy, it was found that partnership between government and market are very important to e-business utility. Second, e-CRM of on-line shopping mall firms should be considered web site design based on commodity, cafe based on experience and information shares, and transaction confirm service. Third, B2C e-commerce model should be contained firm-specific force, customer oriented force, social force, and technology force.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.15 no.1
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• pp.38-53
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• 2007

In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.37-49
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• 1992

In the changing glabal order, international aviation order is also challenged. Regionalism including EC integration press us to review and renew traditional international aviation legal order. Under such a significant circumstances, this paper examines the legal concept of freedoms of air and air cobotage and problems of their expanded applications. The papar particularly analyzes various concepts of cabotage and arguments in the interpretations of article 7 (cabotoge) of Chicago Convention and presents alternatives of future direction to accommodate problems which world aviation community faces today.

• Journal of Environmental Health Sciences
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• v.43 no.3
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• pp.202-213
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• 2017

Objectives: HRA (Health Risk Assessment) is an important tool for measuring the health impacts of air pollution. HRA is already being used widely as an important reference for crafting air pollution policies. However, the absence of a domestic CRF (Concentration Response Function) standard, which is a main component for HRA, could cause confusion amongst policy-makers. The purpose of this study is to tabulate a domestic CRF standard for a PM (Particulate Matter)-related HRA. Methods: This study suggested a domestic CRF standard for HRA thorough a literature review. The literature review for meta-analysis was limited to the English language for epidemiological studies published from January 1980 to March 2016. This meta-analysis was conducted by assuming both fixed- and random-effects of CRF. In addition, studies that reported HRA of air pollution for WHO (World Health Organization), the EC (European Commission), and the EPA (Environmental Protection Agency) were reviewed to compare the CRFs of South Korea to the recommended CRFs of WHO, the EC, or the EPA. Additionally, a domestic CRF standard was supplemented by these. Results: Nineteen studies were selected for the CRF for South Korea. Fifty-three CRFs were derived for meta-analysis. CRFs with a standard for PM-related HRA were divided according to the following four criteria: air pollution, exposure characteristics, type of health impact, and age group. Finally, a domestic CRF standard was created comprised of 21 CRFs. Among these, six CRFs were derived from the results of foreign HRA studies. Conclusions: This study is important in that a domestic CRF standard is first suggested. In addition, this study suggests a further area of study for using HRA as a policy tool and a direction of epidemiological study.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2005.05a
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• pp.517-520
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• 2005

Noise mapping covers the whole mapping process from the collection of raw data, storage and retrieval of the data for computation/modeling, to the presentation of information related to outdoor sound levels, sound exposure, noise effects or numbers of affected person. This presentation can be in either a graphical or numerical form. In Europe, the Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise is now being implemented in the EU Member States. Here, The first maps for major areas are required by mid 2007, and action plans required one year later. These activities are repeated at five yearly intervals and all defined areas are incorporated in the following round of deadlines starting in 2012. The above are minimum requirements and some countries are expected to go further and faster. In this study, present status of domestic and international noise maps has been introduced to implemente the Korean noise map standard. This will help to get more convenient and, more fair result, and produce correct map at domestic level.

• Journal of the Korean Wood Science and Technology
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• v.47 no.3
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• pp.277-289
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• 2019

Herein, a case study discussing the effect of carbonaceous aerosol pollution, which is emitted during the charcoal kiln manufacturing processes or carbonization processes, on the atmospheric environment is presented . In South Korea, in situ analysis of different charcoal production plants specialized in the production of charcoal sauna indicate that the emitted organic carbon (OC) and elemental carbon (EC) aerosols are significantly influenced by the nature of the biomass and technological processes, i.e., treatment or emissions abatement systems for the exhaust effluent gases. In detail, total carbon (TC), which is calculated as the sum of OC and EC emission factors, varied widely from a charcoal production site to another ranging from 21.8 to 35.8 gTC/kg-oak, where the mean value for the considered production sites was approximately 28 gTC/kg-oak (N = 7 and sum = 196.4). Results indicate that the emission factors from a modern charcoal production process in South Korea are quantitatively lower in comparison with the traditional kiln. This study aims to propose advanced wood processes for the production of charcoal from the viewpoint of environmental protection policy and green engineering.

• Journal of Environmental Impact Assessment
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• v.4 no.3
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• pp.9-13
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• 1995

In July 1993 a new prescription of the EC was finished, concerning the voluntary participation of enterprises in a common auditing system. By this in the EC-member countries there must be founded centers of environmental auditing where experienced experts of environmental auditing should be accredited. These accredited experts are controllers for evaluating and certification of carried out environmental-auditings. An environmental-auditing practically represents an environmental assessment for an already existing enterprise with establishing corresponding programmes and strategies for the internal management to improve the environmental relations. Much experiences, which could be collected in the field of EIA during the last years may be transfered to this new task immediately. Only an essential difference there should not be overseen because of national legislation EIA in the defined cases must be carried out. By the EC-prescription carrying out an environmental-auditing for an enterprise is optional, it is recommended only. It was not introduced as a must. In spite of this fact because of the hard competition on the market there will be developed a pressure for the enterprises, to carry out such environmental-auditings. At present already a number of first projects in this direction can be seen, in the first line above all enterprises with the necessary economic power want to use this possibility, to gain better positions on the market. We have already gathered the first experiences in this field. We arranged corresponding contacts to several enterprises within the surroundings of Dresden. Within an opening discussion, where the project is explained and discussed with the management of the enterprise very detailed, the understanding, the readiness and the cooperation for the project are generated necessary prerequesits for the success of the whole work. By means of careful detail-work in collaboration with all departments and on all levels of the enterprise the total mass and energy-balances of the factory established and analysed. There are included also such ranges like material delivery, personal policy, public relations and sale as well as waste management. It is important that all people working in the factory have the feeling to be our partners, and not to have the impression to be checked or controled by an outside organization. This one of the most important factors of environmental auditing, in order to wake up and to develop a common interest on all sides. At the end of the environmental auditing there will be according to the prescription of the EC a catalogue of measures to do immediately, short time, mean time and long time for improvement of the environmental situation of the enterprise. All proposals are made in connection with a corresponding economic evaluation. These measures and programmes are declared as the environmental manual and are the basis for the work of the environmental management of the enterprise for the next three years. According to the EC-prescription, the enterprise with this environmental manual can get a corresponding certificate, which may be used for public relation purposes.

• Journal of Digital Convergence
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• v.13 no.12
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• pp.433-440
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• 2015

This study was conducted to examine mediative effects of two factors, emotion control and thinking control, in the relationship between avoid fusion and attention. Participants (308 high school students) were asked to complete a questionnaire which contains items to measure some psychological properties such as emotion control (EC), thinking control (TC), avoidance avoid fusion (CF), conceration(Co) and learning attitude(LA). Structural equation model analysis showed that 8 of modified 9 paths were statistically significant; CF to Co and TC, TC to EC, Co, and LA, EC to Co and LA, and Co to LA. Limitations and suggestions were mentioned in the discussion.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.291-322
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• 1999

The world of today faces a radical change, a new revolution, by the spread of the Internet. It is used not only for advertising but also for the exclusive rights in the field of information and communication, in add to the way of developing everyday our lives with world news, home-shopping, on-line education and so on. Actually, since the Internet Domain's Name(IDN) is unique over the world, the individual and the companies which provide information through the Internet have a keen competition to make a good IDN to memorize and organize all available information provided them. As a result, there are an increasing number of the cases where one company files suit against another for the validity of it's IDN so the policy to arbitrate and solute the cases is required. This paper is going to introduce the structure and the system of management for IDN. It will also discuss the efficient management of IDN, various case analysis of the dispute restraint and solutions, and the movement of improving the management procedure of IDN in WIPO. So we suggest to examine common disputes among IDN uses and solution methods for future problem at EC times. Therefore we have to establish the dispute solution system. Here are the two methods : one is that to establish a dispute solution organization. This organization which can conduct the new dispute solution procedure differs from the existing legislation system. The other is that to establish a dispute solution procedure i.e. the various dispute solution procedure for efficient dispute solution : council, inspection, mediation and arbitration. This procedure is conducted on-line due to features of the IDN disputes, also along with the current legislation system and the International dispute solution procedure. Because there is possibility the IDN disputes usually are connected with other countries. As there is no specific disputes solution procedure so far, we have to wait while development occurs that also striving to be coherent with and between the domestic and International solution procedure by helping to establish the International dispute solution procedure.