• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.3-36
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• 2016

Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.95-126
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• 2020

In 2017, the world's first WIG ship (WIG: Wing In-Ground) pilot's license written test was conducted in Korea. The WIG ship is a ship that combines the characteristics of ships and airplanes. Therefore, the pilot of the WIG ship was allowed to apply only for those who had the aircraft pilot's license and the 6th class marine nautical license. The WIG ship pilot's license system was first introduced by Korea, so there are no international standards for the license system, and the introduction of a domestic qualification system also requires institutional arrangements due to various restrictions such as pilot training. However, in order to become a valuable industry as a future growth engine for the ocean, several urgent problems need to be solved, and that is the training of manpower for WIG ships. Therefore, I reviewed the institutional issues related to pilot training as this subject. Since 2001, various countries around the world have been discussing this issue, centering on IMO, and Korea has continued to participate and cooperate in IMO meetings. And the national qualification test for surface flying ships was conducted in Korea from 2011. However, there are still problems to be solved, and I pointed out the advancement of the manpower training system, the education and training system, and the designated national educational institution system. As a solution to this, it was suggested through the improvement of the license system and the operation of designated educational institutions. Among these solutions, I believe that the best way is to entrust the operation of designated national educational institutions to private educational institutions. However, I propose a plan that the government entrusts to private educational institutions, but the government is responsible for licensing and supervision. WIG ship will be a new market for the aviation industry and aviation workers.

• Korean Security Journal
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• no.14
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• pp.367-388
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• 2007

Some of individuals working at various fields of security guard are given the legal right to use a gun to cope with expected risks and crimes. Not only in Korea but also throughout the world, a pistol is being used as a device for the workers of security guard such as the army, the police and intelligence agencies to keep the law and social order. A pistol, which is regarded as the last safety measure of security guard, is easy to carry but, because of its short barrel for high portability, its hit ratio and long-range shooting performance are much lower than ordinary guns. Despite such weak points, a pistol can be a great tool because of its high portability and if the users make steady efforts to improve their skills and, for this reason, it has been being used widely until now. National agency workers' pistol shooting skills depend on several important factors, but for the fast and accurate shooting, the mot important factor is how to aim at the target. Because it takes a relatively longer time to align the sight on the target, the change of the sight alignment method is expected to improve pistol shooting skills a lot. In Korea, however, most of national agency training centers teach the basic aiming method that crosses the foresight and the backsight and aligns the crossing to the target. That is, they teach the sight alignment method for fixed targets. Some agencies in Korea and foreign countries that have used guns more frequently and longer than us are teaching different sight alignment methods as well. Representative ones of them are aiming only with the foresight and pointing shooting. These aiming methods are expected to produce good results against moving targets. While the basic sight alignment method has to cross the foresight and the backsight and then to align the crossing to the target, so takes a longer time than other aiming methods, the other two aiming methods are expected to be effective in fields where both swiftness and accuracy are require. Because domestic agencies are teaching mainly the basic sight alignment method, the present study purposed to examine the effects of different aiming methods on shooting records and ultimately to contribute to national agency workers' operation. For this purpose, we selected 20 policemen from local police commandos under the National Police Agency who were accustomed to pistol shooting and measured their pistol shooting. According to the results, the pointed shooting method showed the best record in 5m short.range shooting. As to hit ratio in 15m shooting, which is relatively long.range for pistol shooting, the basic aiming method showed the best record, but the results of statistical analysis showed that pointed shooting is most superior. Of course, the results were obtained from a group who were used to and skillful in pistol shooting, but they are considered meaningful in that all the police and national agency workers should have such high shooting skills.

• Journal of Food Hygiene and Safety
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• v.26 no.4
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• pp.296-301
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• 2011

This study was to evaluate the growth potential of E. coli O157:H7 in lettuce leaf extracts and on lettuce leaf surface at various temperatures. The pathogen can survive and multiply in the extracts and leaf surface of lettuce. The population of E. coli O157:H7 in the lettuce extracts reached to 4.79 log CFU/mL at $37^{\circ}C$. The multiplication of pathogen in lettuce extracts initiated within 10 hours of inoculation over $15^{\circ}C$ conditions. And it can survive in the lettuce leaf extracts at $4^{\circ}C$ for 100 hours at least. And this pathogen can multiply on lettuce leaf surface and the population of pathogen on the lettuce leaf surface increased to 1.82 log CFU/g at $25^{\circ}C$. At $37^{\circ}C$, the pathogen density increased to 1.53 CFU/g within 3 days after inoculation. At all temperature, irrespective of the inoculation level, similar trends in growth of E. coli O157:H7 were observed. These results emphasize the growth potential of E. coli O157:H7 in lettuce leaf extract and on lettuce leaf surface. To reduce the risk of outbreak, it is important to maintain the cold chain system during storage before the consumption.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.55-86
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• 2014

The U.S. General Aviation Revitalization Act of 1994 (the "GARA") created a statute of repose that bars any claims arising from an aviation product or component more than 18 years after its date of delivery. The statute was enacted to protect general aviation aircraft manufacturers from the excessive product liability costs. The GARA included four exceptions: (a) medical emergency patients, (b) those not on the aircraft, (c) those based on written warranties, and (d) those causally related to a "knowing misrepresentation" made by the manufacturer to the FAA. The GARA also incorporates a provision for revised starting point of reckoning to which any repairs or replacements of an aviation product. This note aimed to discuss General Aviation and GARA in depth including the meaning of statue of repose, its exceptions. The various precedents about GARA were also reviewed in here as well. From the GARA, as a comparative legal issue in aviation product liability, there can be some suggestions for revision of Korean Products Liability Act. First, it seems to be reasonable to regulate the specific statute of repose provisions for various category of products. In GARA, the period of 18 years is reasonable concerning to the average aircraft life. Second, in order to avoid exhausting debate and for the judicial economy, it needs to clarify when the statute begins to run. GARA's 18 year limitation period begins to run on the different date whether it was delivered to its first purchaser or a person engaged in the business of selling the aircraft. Last but not least, proper exceptions should be added into the law for equity matter of the statute of repose does not apply. For example, a manufacturer is not protected by GARA if it knowingly misrepresents certain safety information to the FAA.

• Journal of Korean Society of Forest Science
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• v.101 no.3
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• pp.387-394
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• 2012

The study was conducted to develop an effective forest resources use models for an alternate use of abandoned quarry by an attitude survey. According to the result of survey, a pessimistic view due to dust, noise pollution, and forest damage was 5% higher than an affirmative view by economic benefits from the development of quarry. The 42% of the respondents preferred the alternate use of abandoned quarry and the 25% of the respondents wanted an art and cultural space. The optimum size of alternate use was 5-10 ha (43%) with the requirement of nearby residents (32%). According to the SWOT analysis for abandoned quarry, the strength factors were an effective use of land, the content development of modern industrial inheritance + cultural and art fusion, attraction for nearby city and visitors, a harmony of beauty landscape and clean environment, and a sustainable increase of domestic and foreign visitors with the 5-day-work week. The opportunity factors were the improvement of traffic networks through KTX and local highway, the creation of the new growth engines with the establishment of artistic creation belts, the providing of unique cultural and art space through grafting of tour and education, the creation of local income through stone processed goods, and the vitalization of local development through eco-city. The weakness factors were a psychological remoteness and backwardness, and the weakness of staying tour infra. The threat factors were a poor financial support for sustainable development in nearby quarry and a modify of legal and institutional system for the alternated use of abandoned quarry. The developed restoration models for the alternate use in abandoned quarry are classified to a sculpture park, a waterfall and lake park, a rock-climbing, a sports park + forest park, a native botanical garden, a culture and art park, a complex park, a water storage site, a water storage site to extinguish forest fire, a geriatric hospital, an agricultural facility, and a school site types etc. The results suggest that the alternate use in the abandoned soil and stone quarry is needed to establish facility use models with consideration of user's preference.

• Journal of the Korean Society of Food Science and Nutrition
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• v.35 no.2
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• pp.224-230
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• 2006

Microbial contamination levels and legal preservative appropriation in child foods sampled from the neighborhood of elementary schools were investigated. Contamination levels of total aerobic bacteria in seasoned dried fish slices, bread and snacks, sausages, sugar products and dumplings were $1.70\~6.91,\;1.40\~6.66$, 4.50, $3.48\~5.88$, and $4.79\~4.82\;log_{10}$ CFU/g, respectively. Coliforms in four kinds of foods except for dumplings were $2.30\~6.60,\;4.22\~~5.98$, 2.00, and $2.78\;log_{10}$ CFU/g, respectively. Yeasts and molds in those foods were $0.10\~4.23,\;1.66\~4.91,\;1.46\~1.91,\;1.56\~4.26$, and $1.12\~1.84\;log_{10}$ CFU/g, respectively. S. aureus was isolated in $18\%$ of seasoned dried fish slices ($1.00\~2.84\;log_{10}$ CFU/g), $33\%$ of bread and snacks ($1.70\~1.79\;log_{10}$ CFU/g), $50\%$ of sausages ($3.28\;log_{10}$ CFU/g), $22\%$ of sugar products ($2.16\~2.88\;log_{10}$ CFU/g), and $100\%$ of dumplings $(1.18\~3.31\;log_{10}\;CFU/g)$ B. cereus was isolated in $21\%$ of seasoned dried fish slices $(0.70\~2.48\;log_{10}\;CFU/g)$, $50\%$ of bread and snacks $(0.70\;log_{10}\;CFU/g)$, and $11\%$ of sugar products $(0.30\;log_{10}\;CFU/g)$. Both E. coli and Salmonella spp. were not isolated in all samples. Preservative was only labeled on four products among 15 products but preservative on 13 products including 4 products haying an indication of preservative were not detected. Moreover, $0.30\%$ of sorbic acid was detected in one of Squid products . The results of this study indicated that the hygienic level of child foods in Gyeonggi and Incheon was very poor and need to be improved.

• Journal of Food Hygiene and Safety
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• v.30 no.2
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• pp.132-142
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• 2015

The purpose of this study was to investigate the perception and information needs about food additives from the parents of elementary school children, and to develop a smartphone application (App) providing information about food additives, and finally to assess its educational effects. A survey was conducted in April 2013 by using a self-administered questionnaire, and total 358 responses were collected from the parents living in Seoul and Gyeonggi province. While purchasing processed foods, parents considered safety (40.5%) as the most important factor, and first checking item except production and expiration dates was origin labelling (35.4%), and chose foods with less food additives (63.1%). Parents recognized food additives as the most dangerous (42.7%), and 75.1% responded the level of danger as 'very dangerous'. However, 82.4% of parents didn't have experiences to get educations about food additives. Based on their information needs including the safety, legal standards and the foods containing food additives. a smartphone App designated as 'Catch up Food Additives' consisting of the definition, safety, food labelling guideline, management, animation about food additives was developed. When the App was exposed to the parents (n = 27), their negative perceptions on food additives were improved significantly. These results showed that providing information and education about food additives using smartphone App was very fast and effective for the promotion of risk communication on food additives with the parents.

• The Journal of the Korea Contents Association
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• v.15 no.11
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• pp.93-103
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• 2015

In this study, it has an intention of arranging an implication based on an effective introduction of a wage peak system in Japan to settle a mandatory retirement at sixty according to a legalization of retirement age at sixty smoothly. Institutionally, retirement age guaranteed type that reduces wage from certain period before retirement is of great importance. In Japan, mainly features the extension of retirement age that focus on keeping aged employment after retirement. In the introduction of the wage peak system, Korea attaches importance to the wage cost savings, but Japan puts emphasis on using aging workforce. Korea wants to promote the aged employment for retirement age at 60, whereas Japan actively push ahead with retirement age 65 and after that time. South Korea needs to reinforce the pensionable age and the connection though the extension of retirement age via the manpower utilization, employment promotion and the stability. It is necessary to prepare a institutional plan to try not to make a gap of the pensions by guaranteeing or extending the retirement age connect to the age of pensioners though the wage peak system. To activate the wage peak system, it is necessary to acknowledge a legal improvement that concedes rational changes such as the rule of employment. An active interpretation is needed currently though, it is more necessary to review the stipulation and the rational changes of the rule of employment that is established by a precedent like the Japanese legislation case. When a disadvantageous change of works rules is made, it is able to consider establishing the provision in the Act on age Discrimination Prohibition in Employment and Aged Employment Promotion, therefore it won't be able to apply the regulation in the rational criterion that satisfies the standards, rather than amending a Article 94 of the Labor Standards Act that makes accepting the approval of the majority of workers.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.177-199
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• 2015

Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.