• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.271-297
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• 2011

Recently, risk of space accident possibility increased in according to commercial space activity and space debris. It failed launch satellite second times in South Korea. Therefore was discussed on liability and insurance issue. Generally, discuss of space insurance be divided two type. Firstly, space insurance relevant to launching satellite and in-orbit. Satellite Launch Insurance and In-Orbit Insurance by the Satellite Operator Secondly, space insurance relevant to Third Party Liability. The former is to protect owner of satellite and operator. The latter is to liable and indemnify owner of satellite and operator's liability. US, UK, France, Russia, South Korea forced to buy space insurance following to domestic law. This is a brief overview of risk allocation and insurance practices in the commercial space transportation industry today. We begin with traditional space transportation, i.e., commercial satellite launches. This is a mature industry with known players. Industry practices have developed and legislation has been adopted in the U.S. and other countries over the past decades to address liability and insurance issues. The primary focus here is on U.S. law, but the discussion of industry practice applies more generally. We then move on to a more exotic form of space transportation: Commercial human space flight. Several private companies are now signing up space tourists for commercial suborbital human space flight, advertised to become available in the near future. The United States amended its launch legislation in 2004 to promote commercial human space flight. But questions remain as to how this new industry will respond to the risk allocation regime established by the U.S. legislation, which leaves both the space flight operator and space tourist exposed to risk and potential liability. As a general proposition, state statutes and contractual waivers alone cannot be relied upon to provide adequate liability protection, and insurance will be required. Federally mandated contractual waivers by space flight participants or liability caps would be helpful to complement insurance solutions. Eventually, as the industry matures, such practices could be extended to an international legal regime. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and concluded that uniform legal regime to govern these insurance issues should be established domestically and internationally in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.193-222
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• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.14 no.1
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• pp.105-119
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• 2011

In order to develop the indicators which evaluate the management effectiveness for the protected forest areas in Korea, candidate indicators were listed based on literature and experts interviews, then questionnaire survey on the experts were conducted. 5 elements of context, planning, input, process, output and outcome and 32 indicators were selected. Context element includes 6 indicators of 1) documentation and assessment of values; 2) documentation and assessment of threats, 3) influence of government policy, 4) related regulations, 5) community cooperation and 6) the structure of management organization. 6 indicators of Planning element were 1) the management objective, 2) protected area design, 3) protected area size and number, 4) representation, 5) standards and categories and 6) management planning. Input element of 3 indicators were 1) management staff, 2) funding, 3) establishment and application of information. Process element were consisted of 1) governance, 2) management guidelines, 3) human resource management, 4) law enforcement, 5) eco-management, 6) disaster management, 7) education program and 8) research and monitoring. The element of outputs and outcomes were 1) accomplishment of plan, 2) accomplishment of program, 3) private land management, 4) threats change, 5) biodiversity change, 6) ecosystem health and vitality, 7) impact on community, 8) international management level and 9) visitors' satisfaction and variation in civil compliant. It is recommended to have further research on evaluation methods development by applying those above developed indicators for the protected forest areas to ensure the practicality of the indicators.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2002.11a
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• pp.27-32
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• 2002

Cultural property Preservation Bureau of Korea excavated the massive shipwreck and her cargo from 1976 to 1984 sunken under Jeungdo Island, Sinan County located int eh southwest area of the Korean peninsula. It was the first systematic underwater excavation in Korea, and one of the richest underwater discovery int eh world. According to the reference materials, more treasure shipwrecks are assumed to be sunk under seaside of Korean peninsula. Such as, Donskoy near Ulleung Island, Kow Shing near Ul Island, and yamashita treasure ship off Korean peninsula, etc. The excavations of these treasure ship are likely to raise ownership dispute between private finders and government authority, and between ship owner and excavater due to lack of knowledge and awareness of related laws and regulation. Therefore, this study aims to examine existing legal regimes related to the excavated treasureship. And also it tries to suggest a new proactive measure to prevent the most likely ownership disputes between interested parties.

• Korean Institute of Interior Design Journal
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• v.19 no.3
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• pp.95-102
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• 2010

Recently, a grow in size and features of Interior construction work over the complex and The Fire-related regulations have been strengthened for the prevention of fire damage. This study is purpose to propose interior design, construction and supervision for the efficient and reasonable way throughout the fire-related laws are investigated in interior architecture. First, the interior of the building work will be based on actual use Fire-related Laws and Regulations have be investigated. Second, based on analysis of material and facilities by Application can be used in production by the data were applied to the present. Third, the international Fire and Flame Retardant Standards for investigating and reviewing the relevant laws, differences and characteristics of each country were analyzed. Fourth, the various fire-related issues of regulation and the application of relevant provisions in the field works, the law's standards, and improvements were identified by analysis. Fire-Related Laws and Building codes that Safety Administration of the Fire Services are divided into design, it comes to approval from the municipal authorities with concerns about the fire that will fit on the Fire Department's administrative procedures and operations is necessary to integrate operations. In conclusion, Fire-related business are divided into Minister of Land, Transport and Maritime Affairs and Ministry of Public Administration and Security. So, Both institutions is need to be the cooperative work. It is necessary to the field supervision. Because, Flame-resistant performance standards in the field works applied are too complex. Last, Establishment of fire-related regulations will enact by private organizations and the experts to participate.

• Journal of Navigation and Port Research
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• v.26 no.5
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• pp.511-516
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• 2002

Cultural Property Preservation Bureau of Korea excavated the massive shipwreck and her cargo from 1976 to 1984 sunken under Jeungdo Island, Sinan County located in the southwest area of the Korean peninsula. It was the first systematic underwater excavation in Korea, and one of the richest underwater discovery in the world. According to the reference materials, more treasure shipwrecks are assumed to be sunk under seaside of Korean peninsula. Such as, Donskoy near Ulleung Island, Kow Shing near Ul Island, and Yamashita treasure ship off Korean peninsula, etc. The excavations of these treasure ship are likely to raise ownership dispute between private finders and government authority, and between ship owner and excavater due to lack of knowledge and awareness of related laws and regulations. Therefore, this study aims to examine existing legal regimes related to the excavated treasureship. And also it tries to suggest a new proactive measure to prevent the most likely ownership disputes between interested parties.

• Journal of Aerospace System Engineering
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• v.16 no.2
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• pp.33-38
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• 2022

In recent years, the space sector has been changing rapidly. The militarization of outer space is openly underway. On the other hand, space commercialization by private capital called "Newspace" is emerging in the U.S. Additionally, the Artemis project, a manned space moon exploration project, is being resumed 50 years after the end of the Apollo program. Eventually, the commercial use of space resources is actively being discussed. Due to the rapidly developing space technologies, the U.N. Space Treaty, enacted in 1967, has established the norms and principles of space activities. However, it may be nearing the end of its life. To confront the challenges of a new space era, Korea must engage in various legal and policy studies to meet these changes.

• International Journal of Computer Science & Network Security
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• v.21 no.5
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• pp.73-83
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• 2021

The information space, the main components of which are information resources, means of information interaction, and information infrastructure, is a sphere of modern social life in which information communications play a leading role. The objective process is the gradual but stable entry of the national information space into the European and world information sphere, in the context of which there is a legitimate question of its protection as one of the components of the national security of Ukraine. However, the implementation of this issue in practice immediately faces the need to respect the rights and fundamental freedoms guaranteed by international regulations and the Constitution of Ukraine, especially in the field of cybersecurity. The peculiarity of the modern economy is related to its informational nature, which affects the sharp increase in cyber incidents in the field of information security, which is widespread and threatening and affects a wide range of private, corporate, and public interests. The problem of forming an effective information security system is exacerbated by the spread of cybercrime as a leading threat to information security both in Ukraine and around the world. The purpose of this study is to analyze the state of cybersecurity and on this basis to identify new areas of the fight against cybercrime in Ukraine. Methods: the study is based on an extensive regulatory framework, which primarily consists of regulatory acts of Ukraine. The main methods were inductions and deductions, generalizations, statistical, comparative, and system-structural analysis, grouping, descriptive statistics, interstate comparisons, and graphical methods. Results. It is noted that a very important component of Ukraine's national security is the concept of "information terrorism", which includes cyberterrorism and media terrorism that will require its introduction into the law. An assessment of the state of cybersecurity in Ukraine is given. Based on the trend analysis, further growth of cybercrimes was predicted, and ABC analysis showed the existence of problems in the field of security of payment systems. Insufficient accounting of cybercrime and the absence in the current legislation of all relevant components of cybersecurity does not allow the definition of a holistic system of counteraction. Therefore, the proposed new legal norms in the field of information security take into account modern research in the field of promising areas of information technology development and the latest algorithms for creating media content.

• Journal of Legislation Research
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• no.55
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• pp.193-237
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• 2018

The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.135-161
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• 2014

An unmanned aerial vehicle (UAV), commonly known as a drone and also referred to as an unpiloted aerial vehicle and a remotely piloted aircraft (RPA) by the International Civil Aviation Organization (ICAO), is an aircraft without a human pilot aboard. ICAO classify unmanned aircraft into two types under Circular 328 AN/190. Unmanned aircraft, which is the core of the development of the aviation industry. However, there are also elements of the legal dispute. Unmanned aircraft are manufactured in small size, it is possible to shoot a record peripheral routes stored in high-performance cameras and sensors without the consent of the citizens, there is a risk of invasion of privacy. In addition, the occurrence of the people of invasion of privacy is expected to use of civilian unmanned aircraft. If the exposure of private life that people did not want for unmanned aircraft has occurred, may occur liability to the operator of unmanned aircraft, this is a factor to be taken into account for the development of unmanned aircraft industry. In the United States, which is currently led by the unmanned aircraft industry, policy related to unmanned aircraft, invasion of privacy is under development, is preparing an efficient measures making. Unmanned aircraft special law has not been enforced. So there is a need for legal measures based on infringement of privacy by the unmanned aircraft. US was presented Privacy Protection Act of unmanned aircraft (draft). However Korea has many laws have been enacted, to enact a new law, but will be able to harm the legal stability, there is a need for the enactment of laws for public safety of life. Although in force Personal Information Protection Law, unmanned aerospace, when the invasion of privacy occurs, it is difficult to apply the Personal Information Protection Law. So, it was presented a privacy protection bill with infringement of privacy of unmanned aircraft in the reference US legislation and the Personal Information Protection Act.