• Title/Summary/Keyword: Legal

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A study on Categorized type and range for the Aircraft and the LSA (우리나라 항공기 및 경량항공기의 종류 및 범위에 대한 법적 고찰)

  • Kim, Woong-Yi;Shin, Dai-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.1
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    • pp.55-71
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    • 2013
  • By aircraft from Aviation regulations and institutional regulatory framework for ensuring the safety is secured. State-of-the-art aircraft, according to the type of development and diversification, modernization and new types of aircraft are operated. In particular, light aircraft and ultralight flying device such as the gyro-plane and unmanned flying devices is introduced a new device, and the device operates at these flight in accordance with the standards of the Aviation Act regulations may not occur often. Variety of light aircraft and ultra-light aircraft assembly, can be adapted for a person engaged in the business of aviation safety management and to perform the legal basis was established. Depending on the classification of newly introduced aircraft, the biggest change is the introduction of the concept of the LSA. In Korea, the various light aircraft are operating, but these aircraft range not clearly Aviation Regulations had difficulty in ensuring safety. This study examined the differences between international rules and regulations of Korea about the classification of aircraft. The LSA are included in aircraft categories internationally, but LSA will not be included in the aircraft categories, which is one of a range of powered flight device exists in Korea Aviation Act. Limit for maximum continuous power speed in a LSA, it is a limit on the right of the people who want using the high-performance plane. Also it is an international trend does not fit in, and is consistent with the intent of LSA manufacturer. Delete the content from a range of future aviation law revisions and light aircraft-related provisions to limit the maximum continuous power speed is considered to be suitable for the purpose of introducing the light aircraft industry. The laws and regulations set up in order to ensure the safety of ultralight aircraft categories existing in ultralight aircraft that exceeds the purpose of the introduction of LSA technology development at home and abroad, and is intended to reflect. These standards complement of aircraft operation is not appropriate for the situation unless the country is difficult to ensure the safety of operations. Also developed in other countries, the introduction of aircraft operating in the country, so many problems occur early revision is required.

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Insurance system for legal settlement of drone accidents (드론사고의 법적 구제에 관한 보험제도)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.227-260
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    • 2018
  • Recently, as the use of drones increases, the risk of drone accidents and third-party property damage is also increasing. In Korea, due to the recent increase in drone use, accidents have been frequently reported in the media. The number of reports from citizens, and military and police calls regarding illegal or inappropriate drone use has also been increasing. Drone operators may be responsible for paying damages to third parties due to drone accidents, and are liable for paying settlements due to illegal video recording. Therefore, it is necessary to study the idea of providing drone insurance, which can mitigate the liability and risk caused by drone accidents. In the US, comprehensive housing insurance covers damages caused by recreational drones around the property. In the UK, when a drone accident occurs, the drone owner or operator bears strict liability. Also, in the UK, drone insurance joining obligation depends on the weight of the drones and their intended use. In Germany, in the event of personal or material damage, drone owner bears strict liability as long as their drone is registered as an aircraft. Germany also requires by law that all drone owners carry liability insurance. In Korea, insurance is required only for "ultra-light aircraft use businesses, airplane rental companies and leisure sports businesses," where the aircraft is "paid for according to the demand of others." Therefore, it can be difficult to file claims for third party damages caused by unmanned aerial vehicles in personal use. Foreign insurance companies are selling drone insurance that covers a variety of damages that can occur during drone accidents. Some insurance companies in Korea also have developed and sell drone insurance. However, the premiums are very high. In addition, drone insurance that addresses specific problems related to drone accidents is also lacking. In order for drone insurance to be viable, it is first necessary to reduce the insurance premiums or rates. In order to trim the excess cost of drone insurance premiums, drone flight data should be accessible to the insurance company, possibly provided by the drone pilot project. Finally, in order to facilitate claims by third parties, it is necessary to study how to establish specific policy language that addresses drone weight, location, and flight frequency.

Independent Production Routines and Environmental Changes In 'Comprehensive Programming Television Channels' in Korea Focusing on Interviews with Independent Producers, Broadcast Writers and Individuals Involved with the TV Channels (종합편성채널의 독립제작 환경과 관행에 관한 연구 독립PD, 작가 및 종합편성채널 관계자 심층인터뷰를 중심으로)

  • Choi, Sun Young;Han, Hee Jeong
    • Korean journal of communication and information
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    • v.73
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    • pp.56-91
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    • 2015
  • This study examined changes in the independent production environment in the perspectives from flexible specialization of labor and media routines since January 2011, when comprehensive programming television channels (JTBC, MBN, Channel A, TV Chosun) emerged in Korea. In-depth interviews were conducted with thirteen individuals, including producers from independent production companies, broadcast writers, and individuals involved with these TV channels. The interview results indicated that a flexible specialization production system had been established by the comprehensive programming channels. This means that they were heavily dependent on independent producers, except in relations to their own news programs. Moreover, it was identified that the production of diverse programs could be difficult due to absurd contract practices such as those related to TV ratings and performance systems. Second, these channels have implemented some positive changes such as the payment of higher production costs and an incentive system, compared to terrestrial TV stations. However, the incentive system also helps to aggravate internal competition in the channel and also instigate contract competitions among independent companies, which can eventually result in the channels for holding exclusive rights to certain content and, hence, unfair business practices. Third, as a result of the newspaper and broadcast cross-owenership system of the comprehensive programming channels, hierarchical independent production practices can be established under the influence of newspaper proprietors and executives or managers who have previously worked for newspapers. Lastly, as a result of interviews with independent producers and individuals involved with the TV channels concerning the awareness of comprehensive programming channels, it could not be ascertained whether it is difficult to produce programs dealing with diverse items and genres, because programming autonomy has been distorted by capital or the advertisement market. In this circumstance, it is not surprising that some comprehensive programming channels mentioned that they prioritize profit and performance in programming. In conclusion, it is absolutely imperative that complementary and legal measures be implemented institutionally in order to redress the existing systematic dysfunctional routines in the independent productions of the comprehensive programming TV channels in Korea.

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Study on the Characteristic of Media Lawsuits by Public Figures and the Tendency of the Court Decisions in Korea: Focusing on the Decision about Defamation of Politicians and Senior Government Officials Since 1989 (공인의 미디어 소송 특징과 국내 판결 경향에 관한 연구: 1989년 이후 정치인 및 고위 공직자 명예훼손 판례를 중심으로)

  • Yun, Sung-Oak
    • Korean journal of communication and information
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    • v.40
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    • pp.150-191
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    • 2007
  • Defamation lawsuits of public figures against media have been an issue since Roh government set in. Dissension between the government and media has probably acted as the key factor on this problem. Accordingly, arguments on the defamation lawsuits of public figures occurred the political issues such as opposition between the Progressive and the Conservative Parties or between the ins and the outs and showed the limits to suggest an appropriate judgment or solution. This study will analyze how the court makes its judgement on their rights and the limits by understanding the characteristic and the problem of defamation lawsuits made by senior government officials including a politician, the government, the president, and etc. As results, the defamation lawsuits of politicians and senior government officials showed specially noteworthy matters in salvation (damage suits), the amount claimed, court costs, ratio of winning lawsuits, and etc. The result on the tendency of the court decision showed the following matters in confusion: it holds the media responsible for the burden of proof by applying the inappropriate criterion; The applied laws, especially in the inferior court decision, do not show the consistency of the burden of proof between the misconception/ intention (malice)/ accident/ purpose of slander on the legal principles of public figures. Therefore, this study suggests the court to apply an appropriate law, let alone regulating the Anti-SLAPP law, so that it curtails the rights of public figures; limits the salvation of damage suit; and protects the right only in the case of false accusation by applying the existing law of "the Protection of the Deceased's Defamation Law." In order to dissolve the confusion when applying the laws on the public figures, the study insists the court to positively apply the Constitutional Court made criterion on "people" and "content." The study also insists to distinguish "intention(malice)," "accident," and "purpose of slander" and variant sorts of the burden of proof should be applied to each.

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Media Work as Creative Labor?: Toward Critical Inquiry of Media Work with Critical Cultural Economy (창의적 일로서의 미디어 노동?: 미디어 노동의 문화경제 분석을 위한 시론)

  • Seo, Dong-Jin
    • Korean journal of communication and information
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    • v.57
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    • pp.33-48
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    • 2012
  • Over the last decades, the issue of work or labor has played a critical role in prevailing discourses to represent the changed economic reality. Aesthetic labor, cultural work, network labor, team-work and alike, have played a dazzling role to represent the emerging economic order, employing the word of labor. Certainly, it is not less than a part of a wide range of shifts in order to make capital work with more effect by making up a workable and governable subject. In this article, I try to examine shifts around the media work which has contributed to expand the new discourse of 'labor.' I will say that it is quite crucial for accounting for the reality of media work to shed light on moves to represent media work, and, among others, one to transform the subjectivity involved in it among others. Furthermore, it would be necessary to take a close look at the subjectivity of media work and its modification to deal with and eliminate the precariousness of media work. Saying about media work without paying any attention to heterogenous and various practices to compose a media work, one is forced to regard media work as the matter of economic and legal interests. In addition, it would bring about that the cultural political concerns of media work will be detached from critical sight of the media cultural studies. Referring to major studies around media work in critical media studies, cultural studies and political economy of communication, this article will briefly look into the arrangement of contentions around subjectivity of media work in South Korea. And it will try to suggest what cultural-political strategy we need to investigate, fighting against the hegemonic power to generate and regulate media work and its workers in precarious conditions. It does not intend to search the media work and its complicated realities in detail in South Korea. I wish that it would make a preliminary step to propose and elaborate the critical analysis of media work and its form of subjectivities.

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A Leg Analysis on the Discharge of Cargo Residue at Sea (화물잔류물의 해양 투입처분(배출) 사안에 대한 법률적 분석)

  • Hong, Gi-Hoon;Park, Chan-Ho
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.9 no.4
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    • pp.193-202
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    • 2006
  • The Consultative Meeting of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other matter, 1972 (London Convention 1972) has requested to International Maritime Organization (IMO) Marine Environmental Protection Committee to collaborate and help clarify a boundary issue between International Convention for the Prevention of Pollution from Shops, 1973 as modified by the Protocol of 1978 (MARPOL) and the London Convention concerning 'dumping' versus 'discharges' during normal operations of ships in 2004, and subsequently established a Joint London Convention/MEPC Correspondence Group. The Contracting Parties to London Convention expressed their environmental concerns on the broad interpretation of the "cargo-associated wastes" by the States, which could be discharged by ships under MARPOL. Regulatory regimes for the cargo residues appear to vary among states. Some countries require fur ships to discharge their cargo wastes into the port reception facility and IMO also recommends doing so. This paper examines the related current national and international legal texts for the regulation of disposal of wastes from ships in order to analyze the current global concern on the marine pollution associated with waste discharge during operations of ships. In particular, we attempt to evaluate the likely marine environmental consequences arising from the disposal of cargo residue using an hypothetical case for the coal cargo residue among bulk cargos in this paper, since location, magnitude and frequency of the discharge of coal cargo residues into the sea adjacent to Korean Peninsula are not readily available. The cargo residues may be discharged to the sea according to MARPOL 73/78; however, its marine environmental consequences can be significant depending upon the characteristics and amounts of wastes to be discharged. Also the public tolerance of the environmental consequences would be widely different among nations. Multilateral environmental agreements, in general, more strictly apply their rules if there are other options to disposal at sea, i.e. port reception facility in this case. Therefore, port reception facilities for the wastes generated by ships are recommended to be further constructed in major national ports in order to reduce the risk of environmental damages during the operations of ships.

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A Study on The Introduction of LID Prior Consultation for Small-Scale Development Projects - Focusing on Cost-Benefit Analysis - (소규모 개발사업의 저영향개발(LID) 사전협의 제도 도입 연구 - 비용편익 분석을 중심으로 -)

  • Ji, Min-Kyu;Sagong, Hee;Joo, Yong-Jun
    • Clean Technology
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    • v.26 no.2
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    • pp.151-157
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    • 2020
  • Rapid urbanization has elevated the risk of urban flooding due to the increase in the impervious surface, causing environmental disasters and environmental pollution problems, such as lowering the groundwater level and increasing water pollution. In Korea, low impact development (LID) techniques have been introduced to minimize these environmental impacts and maintain the water cycle soundness. However, most small-scale development projects are in blind spots because there is no legal basis for rainfall runoff management. Small-scale development projects that increase the surface runoff of rainwater are required to mandate the application of LID facilities in accordance with the polluters' responsibility principle. Therefore, it is necessary to implement a preliminary consultation system for water cycle recovery. This study focuses on the cost-benefit analysis on the application of LID techniques for small-scale development projects. The scale of nationwide small-scale development projects used for cost-benefit analysis were defined as buildings with a land area of more than 1,000 ㎡ or a total floor area of 1,500 ㎡. As a result of analyzing the cost-benefits from the installation of LID facilities, they were found to be much lower than the economic standard value of 1. This might be due to the high cost of facilities compared to the scale of the project. However, considering the overall environmental value of improving the water environment and air quality by the installation of LID facilities and the publicity of reducing the operating cost of sewage treatment facilities, the introduction of a prior consultation for small-scale development projects is inevitable. In the future, institutional and financial support from local governments is required to improve the cost-benefits with the introduction of a prior consultation for small-scale development projects.

Studies on the Preparation of Fruit Bases for Mixed Yoghurt -Changes in Texture of Fruit Fresh during Heat Treatment- (혼합(混合) 요구르트 과실기제(果實基製)의 가공(加工)에 관한 연구(硏究) -열처리과정중(熱處理過程中) 과실(果實)의 조질변화(組質變化)에 대(對)하여-)

  • Kim, Eun Joo;Choi, Woo Young
    • Korean Journal of Agricultural Science
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    • v.7 no.2
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    • pp.182-189
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    • 1980
  • This experiment was carried out to study on methods of processing the fruit base which is to be used for preparing the fruit yoghurts. Common fruits were compared and peach was chosen among them for this purpose by determing the rate of decrease in hardness during the process of cooking. The maturity, temperature of cooking and methods of peeling were tested to maintain the desirable hardness during the process, and the effects of metallic ion addition on the hardness of the flesh were also studied. The results obtained were as follows. 1. The peaches were keeping the most stable texture during cooking, among common fruits, however the hardness of apples were decreased markedly. Rate of decreases in the flesh hardness were high during the initial stages of cooking then slowered in all fruits tested. 2. Flesh hardness of the peaches were largely affected by the temperature of cooking. And the texture of freeze-stored fruits was severly damaged during thawing, so that could be used only for the limited purposes such as for stirred-type yoghurt. 3. Divalent matallic ions, especially calcium ion, were effective for supporting the flesh hardness of peaches during cooking. 4. The optimal concentration of calcium chloride addition was 0.3%, and this resulted in its final concentration in the product under the legal dosage without any subsquent changes in colour and flavor. 5. The effects of calcium chloride addition were greater in the froms of dices than in those of slices, and in overmature fleshs than in immature ones. 6. Treatment of calcium chloride by soaking the slices or dices of lye-peeled peaches in 0.3% solution was found to be adaptable for the practical process.

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Korea's Terrorist Environment and Crisis Management Plan (한국의 테러환경과 위기관리 방안)

  • Jang, Sung Jin;Kim, Young-Hyun;Shin, Seung-Cheol
    • Korean Security Journal
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    • no.52
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    • pp.73-91
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    • 2017
  • This study is based on the political and economic standpoint of each country, Use advanced equipment to prevent new terrorism from causing widespread damage, In order to establish a countermeasures against terrorism in accordance with the reality of Korea, which is effective in responding to terrorist attacks, Korea conducted a SWOT analysis of the terrorist environment and terrorist environment through specialists. First, internal strengths of Korea 's terrorist environment include stable security situation, weakness of religious and ethnic conflicts, strong regulation and control of firearms, and counter terrorism capabilities and know - how accumulated during major international events. Second, the internal weaknesses of the terrorist environment in Korea include the insecurity of the people, the instability caused by the military confrontation with North Korea, the absence of anti-terrorism law system, the difficulty of terrorism control and management by the development of the Internet and IT technology. Third, the external opportunities for Korea 's terrorist environment are as follows: ease of supplementation and learning through cases of foreign terrorism failure, ease of increase of terrorist budget and support with higher terrorism issues, strengthening of counterterrorism through military cooperation with allied nationsRespectively. Fourth, the external threats to the terrorist environment in Korea are the increase of social dissatisfaction due to the continuous influx of defectors and foreign workers, the goal of terrorism from international terrorist organizations through alliance with the United States,Increased frequency of incidents, and increased IS coverage of terrorism around the world. In addition, the SWOT in - depth interviews on the terrorist environment of the expert group were conducted to diagnose and analyze the problems, terrorism awareness and legal system in the Korean terror environment. The results of the study are summarized as follows.First, the basic law on terrorism should be enacted.Second, the establishment of an integrated anti-terrorism organization.Third, securing and nurturing specialized personnel in response to terrorism.

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A Study on Presidential Security Activities of Military Intelligence Investigation Agency - Since the Korean War, from 1950 to the present - (군(軍) 정보수사기관의 대통령 경호활동 고찰: 1950년 한국전쟁 이후부터 현재까지)

  • Choi, Jong-Young;Jung, Ju-Ho
    • Korean Security Journal
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    • no.53
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    • pp.63-79
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    • 2017
  • Defence Security Command is the only military intelligence and investigation agency which is in charge of safeguarding military information and investigating specific crimes such as subversion and disloyalty in military. While the presidential security provided by Defence Security Command, along with Presidential Security Service(PSS) and the police, forms one of three pillars sustaining presidential security, its works and activities have been rarely known to the public due to the military confidentiality. This study looks into some data specialized into the presidential security among works of Defense Security Command by using various resources such as biographies of key people, media reports, and public materials. It reviews the presidential security works in a historical sense that the works have developed and changed in accordance with the historical changes of Defense Security Command, which was rooted in Counter-Intelligence Corps (Teukmubudae in Korean) in 1948 and leads to the present. The study findings are as follows. First, when the Korean War broke out in 1950 and since then the South Korea was under the threat of the North Korean armed forces and left wing forces, Counter-Intelligence Corps(Bangcheopdudae in Korean) took the lead in presidential security more than the police who was in charge of it. Secondly, even after the Presidential Security Office has founded in 1963, the role of the military on presidential security has been extended by changing its titles from Counter-Intelligence Corps to Army Security corps to Armed Forces Security Command. It has developed their provision of presidential security based on the experience at the president Rhee regime when they could successfully guard the president Rhee and the important government members. Third, since the re-establishment into Defence Security Command in 1990, it has added more security services and strengthened its legal basis. With the excellent expertise, it played a pivotal role in the G20 and other state-level events. After the establishment of the Moon Jaeinin government, its function has been reduced or abolished by the National Defense Reform Act. However, the presidential security field has been strengthening by improving security capabilities through reinforcing the organization. This strengthening of the security capacity is not only effective in coping with the current confrontation situation with the hostile North Korean regime, but also is important and necessary in conducting constant monitoring of the military movement and security-threat factors within military during the national security events.

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