• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.249-277
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• 2015

Regulation (EC) No 261/2004 ("Regulation") is a common rule on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In some recent cases of European nations, passengers sued the air carrier in order to obtain monetary compensation under Article 7(1) of the Regulation. Some courts dismissed the actions on the grounds that, unlike denied boarding or cancellation of the flight, the Regulation provides no compensation in relation to delayed flights. However, Court of Justice of the European Union(CJEU) ruled that Regulation 261/2004 must be interpreted to mean that passengers whose flights are delayed have a right to compensation in cases when the loss of time is equivalent to, or is in excess of three hours - where the passengers eventually reached their final destination three hours or more later than the originally scheduled arrival time. It is true that a strict interpretation of the regulation would suggest that passengers whose flight has merely been delayed are not entitled to compensation. They should only be offered assistance in accordance with the Articles 6 and 9. Nevertheless, the Court recognized the same right to the same compensation for passengers of flights delayed by more than three hours as that explicitly provided for passengers of cancelled flights. On the one hand, the Court bases this ruling on the recitals of the Regulation, in which the legislature links the question of compensation to that of a long delay, while indicating that the Regulations seek to ensure a high level of protection for passengers regardless of whether they are denied boarding or their flight is cancelled or delayed. On the other hand, the Court interprets the relevant provisions of the Regulation in light of the general principle of equal treatment. Furthermore, the Court delivered a ruling that the loss of time inherent in a flight delay, which constitutes an inconvenience within the intention of Regulation No 261/2004 and which cannot be categorized as 'damage occasioned by delay' within the meaning of Article 19 of the Montreal Convention, cannot come within the scope of Article 29 of that convention. Consequently, under this view, the obligation under Regulation No 261/2004 intended to compensate passengers whose flights are subject to a long delay is in line with Article 29 of the Montreal Convention. Although the above interpretation of the Court can be a analogical interpretation, the progressive attitude of the Regulation and the view of Court forward to protect passengers' interest is a leading role in the area of international air passenger transportation. Hopefully, after the model of the positive support in Europe, Korea can establish a concrete rule for protecting passengers' right and interest.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.39-63
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• 2020

This paper reviews the Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with COVID-19 of EU commission. To enlighten the obscurity and to mitigate the economic impacts of the COVID-19, European Commission has published "Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19" on March 18, 2020. The Guideline essentially aims to create a coherent system of rules to assist the passengers, industry and national authorities overall under the unprecedented circumstances across the European Union. To do so, the Guideline is drafted to cover the rights of passengers travelling by air, rail, ship or bus/coach, maritime and inland waterways, as well as the corresponding obligations for carriers. From an aviation industry focused perspective, by referencing the Regulation (EC) numbered 261/2004, the Guideline specifically applies to cancellation and delay in flights which are seen as the dark spots for the air carriers concerning potential burdens.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.67-95
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• 2014

Some Contracting States of the Chicago Convention issue FAOC(Foreign Air Operator Certificate) and conduct various safety assessments for the safety of the foreign operators which operate to their state. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident. FAOC also burdens the other contracting States to the Chicago Convention due to additional requirements and late permission. EASA(European Aviation Safety Agency) is a body governed by European Basic Regulation. EASA was set up in 2003 and conduct specific regulatory and executive tasks in the field of civil aviation safety and environmental protection. EASA's mission is to promote the highest common standards of safety and environmental protection in civil aviation. The task of the EASA has been expanded from airworthiness to air operations and currently includes the rulemaking and standardization of airworthiness, air crew, air operations, TCO, ATM/ANS safety oversight, aerodromes, etc. According to Implementing Rule, Commission Regulation(EU) No 452/2014, EASA has the mandate to issue safety authorizations to commercial air carriers from outside the EU as from 26 May 2014. Third country operators (TCO) flying to any of the 28 EU Member States and/or to 4 EFTA States (Iceland, Norway, Liechtenstein, Switzerland) must apply to EASA for a so called TCO authorization. EASA will only take over the safety-related part of foreign operator assessment. Operating permits will continue to be issued by the national authorities. A 30-month transition period ensures smooth implementation without interrupting international air operations of foreign air carriers to the EU/EASA. Operators who are currently flying to Europe can continue to do so, but must submit an application for a TCO authorization before 26 November 2014. After the transition period, which lasts until 26 November 2016, a valid TCO authorization will be a mandatory prerequisite, in the absence of which an operating permit cannot be issued by a Member State. The European TCO authorization regime does not differentiate between scheduled and non-scheduled commercial air transport operations in principle. All TCO with commercial air transport need to apply for a TCO authorization. Operators with a potential need of operating to the EU at some time in the near future are advised to apply for a TCO authorization in due course, even when the date of operations is unknown. For all the issue mentioned above, I have studied the function of EASA and EU Regulation including TCO Implementing Rule newly introduced, and suggested some proposals. I hope that this paper is 1) to help preparation of TCO authorization, 2) to help understanding about the international issue, 3) to help the improvement of korean aviation regulations and government organizations, 4) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

• Korean Journal of Air-Conditioning and Refrigeration Engineering
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• v.29 no.10
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• pp.551-557
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• 2017

Most European economies, Japan, and many governments have made it a major policy to expand the green business by disseminating heat pump technology, which has a large $CO_2$ reduction effect. The heat pump of all heat sources has been recognized as renewable energy and the policy to encourage has been implemented. In the recently revised Renewable Energy Law, the hydrothermal source (surface sea water) heat pump was newly included in renewable energy. In addition, the scope of application of heat pumps has expanded in the mandatory installation of renewable energy for new buildings, remodeling buildings, and reconstructed buildings based on this law. However application to heat pumps using all natural energy as heat source has been put off. In this revision, the ratio of renewable energy to the total energy produced by the heat pump was fixed at 73%, which depends on coefficient of performance of heat pump. The ratio of renewable energy is $1-1.8/COP_H$, and should be calculated including the coefficient of performance of the heat pump. Using a high efficiency heat pump or a high-temperature heat source increases the coefficient of performance and also reduces $CO_2$ emissions. It is necessary to expand the application of heat pumps as renewable energy equipment and to improve the correct calculation of renewable energy production.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.4
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• pp.1013-1023
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• 2016

Transborder data flow(TBDF) of personal information in Korea has been limited by current Privacy law which request data subject to give consent. As the IT industry is growing at an incredible rate, there is a need to review the existing law to cope with growing industrial demand and increasing numbers of international data transfer. The transfer of personal data overseas not only allow businesses providing IT services including finance, internet, e-commerce to thrive, but also impact every aspect of our lives which are increasingly depended on these technology. Transmitting personal data across borders raises serious questions of privacy protection and restriction of business operation. In ordrer to promote interoperability of personal data in international environment, a considerable amount of research and debate needs to be taken before implementing a sound policy. This paper presents a need for a sound TBDF policy in Korea by examine the main policy challenges associated with TBDF. Finally, the paper identify policy suggestions based on European Union's approach as they have successfully implemented TBDF policy that balanced data privacy and economic agenda.

• Journal of Korean Library and Information Science Society
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• v.46 no.4
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• pp.355-377
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• 2015

This study aims to analyze in depth the operation of the Public Lending Right(PLR) system that is implemented in 34 countries in the world in order to propose the ideal operation of PLR system. The PLR system is that authors receive payment because they lose the sales opportunities due to the loan of their books by libraries. Among 34 countries implementing the PLR system, 31 are European countries and 20 countries enforce the copyright law for the operation of the PLR system. Fund for the PLR is financed by the budget of the central government in 25 countries and payments are made on the basis of loans data in 20 countries. Writers, illustrators, translators are eligible to receive payments in many countries. 17 countries provide payments to the authors who have contributed to books lent out by libraries.

• Herbal Formula Science
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• v.20 no.2
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• pp.187-197
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• 2012

Objectives : The purpose of this study is to find a reasonable solution to a current status of drug classification between the drugs of western conventional (allopathic) medicine and Korean medicine. A clear and distinct concept on the drugs of allopathic medicine and Korean medicine based on reasonable concepts and broad consensus is a pressing issue in Korea, and will facilitate the development of herbal medicinal products and pharmaceutical industry. Methods : Considering the issue of drug classification from domestic and international regulations, we reviewed the current Drug Law of Korea and China, Guidance for Industry, Botanical Drug Products of USA, Directive 2004/24/EC of the European parliament and of the council. Results : In Korea, the drug classification of allopathic medicine and Korean medicine is quite vague even though differential licensure system is enforced for the clinicians of allopathic medicine and Korean medicine field. According to the definition in the Drug Law, the scope of Korean medicine drug is so broad that even a drug made of single-compound material, as well as herbal extract of crude mixture, is regarded as a drug of Korean medicine, as long as the material may be separated from medicinal herbs, animal tissues, or mineral resources. Only new compound not found in natural resources are outside of the scope of Korean medicine drug. In USA and EU, medicinal products manufactured from herbs are approved by separate regulations for the herbs with special waivers. In China, the category of new medicine and the definition of allopathic medicine and traditional chinese medicine are clearly specified and classified. Conclusions : As medicines are validated therapeutic materials for efficacy and toxicity, we suggest that generally the concept of conventional medicines is based on a single compound that has been synthesized and individually validated and that of Korean medicines is based on a compound extracted from natural materials or a complex of compounds that has been validated as a whole in its totality.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.699-733
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• 2000

This article analyzes the state-of-play of WTO dispute settlement for first four and a half years. Remarkable points found on this analysis are as follows: First, the Quad consisting of the United States, the European Community (EC), Canada and Japan has participated in the WTO dispute settlement mechanism more frequently than any other WTO member. Second, among developing country members some leading countries such as Korea, Brazil and India have relied actively upon the mechanism to claim and defend their rights and obligations under the WTO rules. Third, bilateral dispute settlements generally have been preferred to multilateral dispute settlements by the panel or Appellate Body. Fourth, observation of the Appellate Body proceedings well shows WTO members' strategy to use every process available to them. Fifth, the provisions of GATT 1994 have been most frequently invoked by the members. GATS and TRIPS Agreement disputes are mainly involved in developed countries, in particular the U.S. and the EC. Sixth, very high winning ratio in the panel and Appellate Body process indicates that complaining parties review the possibility to get favorable rulings even before referring to the Dispute Settlement Body (DSB) and prepare for the case very thoroughly. Seventh, roughly speaking, disputes were settled within two or three years. Therefore, seeking bilateral dispute settlement can be more advantageous to a complaining party than referring to a panel or an arbitrator because of low costs and short time period in dispute settlement. Finally, the DSB approved retaliatory actions for winning complaining parties against the defending parties who had rejected implementation of its rulings and recommendations. In conclusion, it can be said that the WTO dispute settlement mechanism has been operated very successfully for the first four and a half years. It is hoped that continued study on state-of-play of WTO dispute settlement mechanism will be contributory to improved national interest of Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.285-312
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• 2015

Export and import of food, agriculture, forestry, fishery products are suffering from low growth rate due to the European financial crisis, global recession, and Japan's 2012 export expansion following the aftermath of 2011 earthquake. Upon the signing and enactment of Free Trade Agreement with the U.S. and the EU, agriculture and fishery product have become the center of attention. Agriculture and fishery was reported to be 80million dollars, 1.46% of total national export, in 2012. Starting from2000, South Korea's government began its effort to expand agriculture and fishery export and as a result, export has steadily increased despite decreased consumption led by global recession. K-Sure has started an insurance program with the purpose of promoting SME business's export. It protects SME business against risk arising from credit, emergency, bad debt, and domestic price increase. This study aims to evaluate the service quality of K-Sure's insurance program via surveying SME businesses in the agriculture and fishery industry. Also this study will identify key service factors for SME businesses and explore ways to expand SME exports of agriculture and fishery by analyzing consumer satisfaction index. Results indicated service product quality factor, service communication quality factor, and social quality factor was key to improving consumer satisfaction for SME businesses in agriculture and fishery industry. Service product quality factor had a negative effect on consumer satisfaction in term of variety and results indicated that service communication quality factor's responsiveness element had minimal impact on consumer satisfaction. Conversely, all elements for social quality factor had positive effects on consumer satisfaction. Thus, leading to the conclusion that improvements in service product quality factor and service communication quality factor will indeed increase consumer satisfaction.

• Journal of the Korea Organic Resources Recycling Association
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• v.25 no.2
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• pp.77-90
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• 2017

In order to promote recycling of animal and plant residues, it is necessary to prepare detailed statistics on the sources, generation amount and the state of disposal so that waste recycling companies and enterprises can obtain the information easily. Also, the recycling methods specified in the law should be appropriate. For this, the study reviewed the appropriateness of detailed classification of animal and plant residues and permitted recycling methods in the Enforcement Regulations of the Waste Management Act of Korea. For improvement of the detailed classification, the study conducted literature review on European and Japanese ones. Additionally, we visited slaughterhouses of livestock and poultry, vegetable oils manufacturing companies, starches and glucose or maltose manufacturing companies, which generate the waste and recycle the waste, to grasp the status of recycling in Korea. Based on the results, the study proposes improvement measures for the detailed classification and the permitted recycling types in the law.