• The Korean Journal of Air & Space Law and Policy
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• v.2
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• pp.31-67
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• 1990

One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

• International Commerce and Information Review
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• v.16 no.3
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• pp.159-182
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• 2014

CISG Article 71 (1) states that a party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will net perform a substantial part of his obligations as a result of a serious deficiency in his ability to perform or in his creditworthiness or his conduct in preparing to perform or in perfoming the contract. CISG Article 71 (2) states a 'right of stoppage in transit' that if the seller has already dispatched the goods before the grounds described in the preceding paragraph become evident, he may prevent the handing over of the goods to the buyer even though the buyer holds a document which entitles him to obtain them. The present paragraph relates only to the rights in the goods as between the buyer and the seller. Under the right of stoppage in transit, the carrier copes with risks that the seller may claim damages arose from the handing over the goods, if he hand over the goods to the buyer and that the buyer may claim damages, if he deny handing over the goods to the buyer who has the document which entitles him to obtain the goods. Therefore the legal position of the carrier may become weak. This paper purpose to point out the legal weakness of the carrier under the right of stoppage in transit and to provide the proper legal act of the carrier and possible practice related to various characters of the contract of sale of the goods. Although there is the opinion it prevent from handing over the goods to the buyer actually under the interpretation that the buyer should take claim damages to the seller, if the goods are handed over to the buyer under the right of stoppage in transit, it is not appropriate because the opinion may disable the right of stoppage in transit. The right of stoppage in transit could be carried out under any payment conditions except letter of credit and under any mode of transportation except the cases that carrier is the buyer himself or the agent of the buyer. It could be executed regardless the forms of the transport document.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.33-62
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• 2020

The current air transportation industry is facing a lot of changes not only in the quantitative growth of the market, but also in the legal aspects. For many years, the Warsaw Convention has contributed to the uniform discipline of civil carriers' legal liabilities arising from international aviation accident and has fulfilled the duties of legal guardians for the development of the air transport industry. In the process, however, the consumer interests of the air transport industry did not have much protection compared to other industries. In response, the Montreal Convention has effected for protecting the interests of aviation consumers, and there are numerous legal changes around the world to protect aviation consumers like passengers. The mental damages of airline passengers arising from the accident can also be understood as part of the protection of air consumers. Considering that the US Federal Court has dealt with the recognition of mental damages for air passengers since the early 1990s. However, Korean judicial precedent still excludes mental anguishes from the scope of damage compensation. From this point of view, it is considered academically meaningful to analyze the latest case of the US federal court. Recently, the United States Court of Appeal for the Sixth Circuit in Doe v Etihad Airways applied a different interpretation against the traditional opinion: passengers could not recover for mental distress unless that mental distress resulted from a bodily injury sustained in an airplane accident. The background of the court's conclusions can be explained in many ways, among other things, unlike the Warsaw Convention the new international rule, Montreal Convention is recognizing the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.215-239
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• 2011

We are now entering the era of Commercial Space Transportation with the rapid commercialization of space. Commercial Space Tourism will be realized first of all in the commercial space transportation and the spacecraft is developing for it led by private enterprise such as Virgin Galatic and XCOR Aerospace. The spacecraft for space tourism is developed as Reusable Launch Vehicle(RLV). RLV Spaceship I & II manufactured by the Scaled Composites for Virgin Galatic had completed experimental flight successfully and is going to put to the operation for space travel around the year 2012. In our country, Yecheon Astro-Space Center located in Yecheon, Kyungbuk Province, signed a binding-MOU with XCOR Aerospace and going to start space travel in the year 2013 with the spacecraft LYNX MARK-II. Thus, now space travel has become a reality to us. But it is also reality that there's no study by legal basis preparing for the space tourism domestically and internationally. In this regards, this thesis dealt with legal issues related to space tourism. These are as follows : (1) the applicabe law issue that is which law between air law and space law will apply, (2) the status of space tourist issue that is space tourist can be considered as personnel of a spacecraft and/or space flight participant and has the duty to obey the order of the captain of spacecraft, (3) the responsibility of the government for the non-governmental entities such as private enterprise which involved in space tourism in case space accident occurs during the space travel, (4) license permit and supervision issue by the government (In this point, for activating the market of the space tourism, I think it is essential to guarantee the safety of the spacecraft by the government authority, though U. S. government declared that it has not certified the launch vehicle as safe for carrying crew or space flight participants), (5) registration issue, (6) space insurance issue. 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 New IGA of 1998 and concluded that uniform legal regime to govern these issues should be established domestically and internationally in the near future.

• Journal of the Korea Society of Computer and Information
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• v.18 no.2
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• pp.149-156
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• 2013

In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. Moreover, in the mean time the campaign and which in the course of the election campaign through the SNS, the infinite potential of the growing point than any point spread from the SNS and freedom of election campaign through public election law with regard to the limitation of the diffusion of false facts, awards, a number of problems are likely to occur. You've been in this business and disseminate false guilt disparage precandidacy for true-false, as well. He should be able to reach a specific goal you want to defeat through the dissemination of information which is specified as a crime for this strictly for the fact that disseminate false, rather than to interpret it is the judgment of the Court in that judgment against have been made. Therefore, this strict interpretation of the law and the need to revise or delete before I would like to discuss about. The legislation would repeal the cull of Ron sang first of all point out the issue through analytics. First, the purpose of the data protection Act provides limited interpretation to fit in this world of sin. Secondly, this sin is committed for the purpose of prevention, since the purpose of the objective in this case of sin and the need to interpret strictly. Why I am the Internet space in the case of so-called tweets from followers, this means in some cases done without a lot of the stars because of this, there will be a limit to the punishment of sin, this is obvious. And, in the long-awaited Constitutional Court ensures the freedom of election campaign through SNS and free election in the country, even in the limited sense interpretation opens the chapter of communication is needed. This ensured the freedom of expression will be highly this is a mature civil society that will be imperative.

• Korean Journal of Clinical Laboratory Science
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• v.49 no.2
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• pp.55-68
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• 2017

In recent years, medical practice has seen a drastic change due to the rapid, exponential expansion of scientific and medical technologies. Specially, the role of medical technologists (also known as medical laboratory scientists and/or clinical laboratory scientists) are increasing in the development of science of medical technology. As such, their responsibility has also been increasing. Therefore, given their highly specialized knowledge and skills, they are not regarded solely as doctor's assistants. Their independence and deeper specialization have been increasing, as they perform medial practices under the guidance of doctors or dentists pursuant to the "Act on Medical Service Technologists." From a legal point of view, medical guidance and scope of work were examined. As a conclusion, the definition of doctor's superintendency on the "Act on Medical Service Technologists" is required, and the qualification for the Korean license examination and their roles should be stated clearly. Moreover, communications among health professions regarding the roles of medical technologists are necessary to further facilitate clarification of their role. There is a need for independent legislation to expand the field of medical technologists and to strengthen their professionalism.

• The Journal of the Korea Contents Association
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• v.15 no.7
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• pp.489-499
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• 2015

The purpose of this study is to identify factors affecting piracy of online digital contents, focusing on relative awareness of illegal duplications, compared to legal duplication. To do this, the current study integrates factors proposed in existing literature and the previous studies based on the theory of planned behavior and accesses them from cost-benefit point of view. Main findings are summarized as followed;- First, with regard to relative benefits gained by illegal duplication, it is shown that monetary and psychological utility have positive effects on attitudes and behaviors of illegal duplication. Particularly, it is found that monetary incentive is the main cause of illegal duplication as monetary gains are major factors affecting illegal duplication behaviors. Second, it is suggested that ethical cost is a definitive factor that has negative effects on illegal duplication behaviors while technological cost has also significant effects on illegal duplication behaviors. Third, it is confirmed that there is a significant relationship between attitudes and behaviors of illegal duplication. This result shows that an attitude to illegal duplication is antecedent of behaviors as the belief and the value regarding illegal duplication can lead actual behaviors.

• Journal of Digital Convergence
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• v.16 no.8
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• pp.109-116
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• 2018

This study examines legal regulations and major issues related to income taxation of religion in the income tax law enacted from 2018, and examines the right improvement method. The purpose of this study is to propose an improvement plan through the analytical review of the legal issues related to the income of religion in 2018 and the main issues of taxation. The results of this study are as follows: First, it is the best way to define religious income as a separate item in earned income. Second, it is the best way to apply the deduction system for earned income in the application of deductible expenses. Third, precise and transparent reporting on income of religious persons is required, and a measure should be enforced to impose withholding tax obligations. Fourth, in order to restore transparency and reliability of expenditure related to religious activities, it should be expanded to submit details of total income and expenditure of religious groups. This study provides practical implications for the related field research by providing the starting point and basic data of the discussion on the income taxation system of the religious person.

• Journal of the Korean Institute of Landscape Architecture
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• v.39 no.4
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• pp.11-17
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• 2011

This study focused on the regulations and support system of green rooftop landscaping between Korea and China. Our research found out regulations and support system to review the supplement point to understand the present state of green rooftop landscaping in the two countries. We aimed to provide basic legal information for the development of green rooftop landscaping regulations. Also, a management plan guide and after-evaluation guide were suggested. First, roof load safety is the foremost factor for the structure of green rooftop landscaping. It includes not only considering the weight of construction materials, but also accurately calculating weight of rain, snow and the rooftop's capacity for people when the rooftop is designed. Second, the appropriate waterproof and root material should be selected basing on climatic conditions. Third, a maintenance and management plan needs to be established to regularly check the plant, facilities, soil and to maintain them. Fourth, the criteria of quality inspection are waterproof and root resistant material, and the growth and development of plants. Waterproof and root resistant materials are a very important part of rooftop greening, so they must be strictly inspected after construction. Fifth, the support system of rooftop greening should be continuously improved. The choice of the object and the amount of support should be strictly stipulated so that the construction of rooftop is promoted when volunteers do rooftop greening.

• Journal of Korean Society of Disaster and Security
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• v.7 no.2
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• pp.17-24
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• 2014

Recently, many accidents occur frequently because sprinklers aren't installed or don't work right when there are outbreak of fire in houses and aggregate buildings. Therefore, they can result in damage for humans and loss of property. Sprinklers are the most appropriate which can extinguish buildings' fire in the initial stages. Through lack of legal system, in domestic cases, sprinklers cannot operate their inherent performance. Domestic standard simply classifies installation objects according to types of business and forms of buildings, also divides into uses and floors of buildings. Especially it only regulates that sprinklers must be installed every floors in particular fire buildings that have more than eleven floors. While it doesn't need to install sprinklers below ten floors, so we are threatened the safety. In this study, we derived causes and implications by analyzing concepts of sprinklers facilities, installation standards in domestic and foreign legal system, and recent cases that expanded damages in fire accidents because of weak point of installation and control standards. In domestic cases, as a result, government has to provide an institutional strategy and law that regulate duty to install sprinklers to all aggregate buildings regardless of floors in terms of new buildings. Also, if someone who has existing buildings wanted to install them, government would guarantee subsidy to encourage installation. In addition, government supervises fire-fighting activities when there are fire by compensating standards about regular inspection by a qualified technician, operation and maintenance of sprinklers as well as reinforcement of administrative criteria.