• Title/Summary/Keyword: Legal point

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A Study on the Evaluation and Improvement of Rental Housing Asset Securitization in Korea: Case Study on Korea Land and Housing Corporation (임대주택 자산유동화 사례평가 및 구조개선사항 연구)

  • Lee, Jong-Kwon;Kwon, Chi-Hung
    • Land and Housing Review
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    • v.4 no.1
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    • pp.107-117
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    • 2013
  • This study aimed to assess the rental housing ABS in Korea, and to suggest ways of improving the structure of existing rental housing ABS. Thus, the three major assessment for existing public rental housing ABS case can be summarized as follows : First, when viewed in terms of the accounting treatment, rental housing ABS which use the future receivables as underlying asset, can not enjoy off-balance-sheet effect. Second, when viewed from the point of financing costs, the rental housing ABS interest rate being higher than unsecure bond is very unreasonable nevertheless the ABS being off-balanced. Third, when viewed from the liquidity effect, the originator (LH) use the ABS as a means of diversifying funding in a serious liquidity crisis situation. The Improvement of rental housing ABS based on the evaluation results can be summarized into two broad. First, it is a plan to handle the off-balance-sheet effect in a way of changing the accounting treatment of rental payment. Second, it is a plan to reducing the structuring cost and interest rate in ways of multi-asset securitization structure, self-trust structure, and adopting legal CB structure.

A Study on the Liability of Air Carrier for Damages of the Third Parties (지상제삼자(地上第三者)의 손해(損害)에 대한 공중운송인(空中運送人)의 책임(責任)에 관한 고찰(考察))

  • Park, Heon-Mok
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.163-191
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    • 1989
  • The accident of the midair collision, passengers' falling or goods' dropping occurs or supersonic aircraft make a sonic boom during their conveying passengers or goods to the destination. The accident in transmit damages the their parties on the surface or their properties. In these cases, the third parties who were harmed to their lives or properties have the right to claim damages against the air carrier who caused them. These matters have become one of the important things since aircraft conveyed passengers and goods. Therefore, it is a great concern to settle these matters by law. But the Safety of the present aircraft has been much increased and the aircraft have become larger in size. Its flight altitude became higher than before. So the relationship of the aircraft to the third parties is much different from that of the earlier aircraft. The air transport is now indispensable to our life. It is not so easy to control these matters. In the early part of 20th century, when the third parties suffered the damage, many European countries made laws on the basis of the principle of liability without fault. But each country had a variety of its own law, and different kinds of difficulties have been brought about. Accordingly, the Rome Convention on Surface Damage (1933, 1952, 1978) has been made and revised. In spite of being revised, it contains many problems, and is not carried into effect world-wide. On the other hand, there are no regulations about the compensation of the third parties damaged in Korean existing laws. In case the damage is brought about to them, it is obviously true that the settlement of the liability of compensation for damage should be made by the general principle on the tort in domestic laws. At this point, it is urgent that we make a special law though the domestic legislation as a preliminary measure before we sign the international convention to save third damaged. It is desirable that we should, for the responsibility of the air carriage for the demage of the third parties on the surface, bring in the theory of the absolute liability in view of the legislation of many conutries. As the aircraft fly in the sky, their flight always contains some danger. It is very difficult to prove the fault, and the operator should suffer the principle of liability without fault or the similiar one. In case the liability without fault will be imposed upon the operator for the damage of the third parties, it is necessary to bring in the liability protection system for the protection and up upbringing of the air carriage. The Burden of danger of the air carriage will be reduced by introducing the system. A domestic legislation measure should be necessarily taken as soon as possible as a legal security measure on these matters.

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A Study on the Legal Issues of Proposed Korean Airport Facility Act (공항시설법 제정(안)의 내용과 쟁점)

  • Kim, Tae-Han
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.101-124
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    • 2011
  • Since 1961, Aviation Act has regulated all aspects related to air transport business, aviation safety and airport. However, we are to face the new challenges that have to support air transport business more efficiently and air transportation services to the people effectively in condition of the globally competitive air transport industry. In this sense, the government proposed to devide "Aviation Act" into 'Air Transport Business Act', 'Aviation Safety Act', 'Airport Facility Act' in a timely manner. At first I am to take a look about the laws of traffic-related legislation and national laws of Japanese aviation system, and to evaluate implications. In addition, the background, the organization and the main information of the Act (Draft) will be introduced. And I would like to discuss the issues raised and suggest an alternative. In particular, the name of the Act (Draft), the specifying of airport manager operater, accounting method of airport development projects belong to the nation, the delegation of the authority and other issues are discussed to provide a starting point. In conclusion, the division of current "Aviation Act" is considered absolutely necessary. To stimulate fair competition, safety regulations and efficiency, the legislation process would be desirable in the direction of the total development of the aviation industry as well as ensuring aviation safety.

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A Study on the Institutional Changes in the Aviation Safety Management System in Korea (국내항공법상 항공안전관리 제도변화에 관한 연구)

  • Kim, Maeng-Sem
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.93-114
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    • 2008
  • The purpose of this study is to review the changes in the aviation safety management system, how that system has evolved and what forces caused these changes to take place. Also included is an examination of the development process of the aviation safety management system in view of the new institutionalism, identifying the patterns of change. Based on the results of this study, I propose policy methods to design a desirable civil aviation safety system with a view toward raising the safety standards in the Korean civil aviation community. The major analysis variables are as follows: first, aviation accidents caused by external factors and international standards as independent variables second, environmental changes and political processes affecting aviation safety management system as major mediating variables and third, the aviation safety management legal system, the aviation safety management organizations and an expert participation system as dependent variables. The institutional changes and continuance of the aviation safety management system show that when specific circumstances arise, the continuance lasts depending on the path dependency, and in a certain circumstance, when immanent changing factors reach a critical point, the system suddenly changes by a punctuated equilibrium, which are all included in this study.

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Establishment and future prospects of new international fisheries regime in Northeast Asian region (동북아지역 국제어업협력체제의 구축과 운영방향)

  • 최정윤;최종화
    • The Journal of Fisheries Business Administration
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    • v.30 no.2
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    • pp.1-23
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    • 1999
  • In the Northeast Asian region fisheries agreements of the past regarding high seas as an agreement area were transformed or new agreements were introduced in order to conform to the EEZ regime. However, the existing joint regulatory zone which “open” status is somewhat similar to the high sea not only disappear, but also two new systems were established. To begin with, parties of the agreement claimed their EEZs to be from the territorial sea baselines to the extent set forth, problem of the fishery access of the other party under the agreement is to be solved on the principle of reciprocity and on recognizing of the catch results achieved in the past. In regards to the overlapping zones like neutral zone of the East Sea of Korea(Sea of Japan) and neutral zone to the south of the Cheju Island, provisional measures zones in the Yellow Sea and in the East China Sea, and transitional zone of the Yellow Sea special fisheries management systems reflecting the legal character of the zone involved are applied. Moreover, as fisheries agreements defining open sea as an agreement zone are not able to conform to the EEZ regime, so new fisheries agreements must be taken out from old systems and conceptions, and must be understood and enforced from the new point view. Therefore, countermeasures needed to do so should be developed, and their basic structure is as follows. Firstly, the basic concept of the EEZ regime requires that the coastal states have sovereign rights on their sea zones' natural resources and bear responsibilities appropriate to their allowed jurisdiction. Each Northeast Asian state should adjust the structure of fishing industries and employ advanced fisheries management system, and should make efforts toward such issues of the state policy as increasing fishery resources and preserving ocean environment. Secondly, measures should be developed to solve the international fisheries disputes which are to occur under enforcement of the new fisheries agreements system. In regards to the acts of violation the fisheries laws in the foreign EEZ the principle of jail sentence prohibition is established by the UN Convention on the Law of the Sea, and every fisheries agreement reflects this principle. Therefore, the present question is to consider concrete measures to enable the easy release of the seamen, who violated fisheries laws slightly and well-intently, through establishment and management of the guarantee fund needed to make collateral reasonable. Thirdly, Korean-Russian and Russian-Japanese fisheries relations were formed on the basis of the EEZ regime, since 1992 and 1977 respectively, and are expected to maintain mutually beneficial cooperative character. As for Korean-Chinese-Japanese fisheries relations, the operational problems of overlapping zones, and problem of the permits for EEZ mutual access should be solved on the basis of the principle of reciprocity and equity rather than unilaterally from any side.

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A Selection of Building Registration Method to Construct the Three Dimensional Information Cadastral Map (3차원정보지적도 모형 구축을 위한 건물등록 방법 선정)

  • Yang In Tae;Oh Yi Kyun;Yu Young Geol;Chun Gi Sun
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.22 no.3
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    • pp.245-251
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    • 2004
  • Recently, in a field of cadastre, a computerization of cadastral map is in progress with great growth of GSIS field. Also, the needs fer the integration of land and building information are widely increasing for integral-management and its application of various land related information. Through a revision of cadastral laws to replace the existing 2D-Cadastre with the 3D-Cadastre, a legal basis to register the position of buildings and facilities is prepared in the governmental or civil fields. This paper presented 3D-Cadastre theory that has been studied on Europe and surveyed building position directly with Totalstation at cadastral control point after choosing pilot test area, Also, the most efficient surveying method of registering building in a cadastral map is presented with comparing and analyzing building position after surveying digital orthophoto and digital map. And it is constructed a 3D information cadastral map model that can make the integral management of land, building, connecting land recorders, building management ledgers, building titles, building pictures, and related attribute information.

A Study on Factors Related to the Practice of Breast-feeding (모유수유 실천과 관련 요인)

  • 박천만
    • Korean Journal of Health Education and Promotion
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    • v.19 no.2
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    • pp.23-43
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    • 2002
  • Purpose: The purpose of this study is to examine and analyse factors related to the actual status and practice of breast-feeding during an infant period to grasp elements detrimental to breast-feeding and, therefore, provide basic information useful for its effective practice and encouragement. Method: From April 1 to June 30, 2001, this study was carried out with the mothers of 337 who were 6 months old, as of the surveyed date, of infants born in 2002 and registered in Seongju-gun Public Health Center, Gyeongsangbug-do Province. The method for its survey included both of the visiting and telephone interviews, and questions were mainly about the mothers' general characteristics(3 questions), infants' general characteristics(3 questions), environmental characteristics of infant delivery( 4 questions), support to breast-feeding(4 questions), understanding of breast-feeding(5 questions), and feeding type during the 1 to 6-month period after birth. Result: 1. The feeding type during the I-month period after birth showed that the breast-feeding accounted for 42.4%, which was higher than dry milk-feeding(30%) or mixed milk-feeding(26.8%). However, it began to be lower than the dry milk-feeding from the 2-month period after birth. During the 6-month period, the breast-feeding accounted for 28.6% which was lower than 56.5% of the dry milk-feeding. 2. The mothers who were encouraged by their delivery clinic to and were educated to breast-feed infants accounted for 55.4% and 41.4%, respectively, which were relatively low. The understanding of breast-feeding indicated that the responses were positive from the view point of mother & infant health, but negative from mother's physical form. 3. It was shown that the lower the educational background of mother(p〈0.05) and the higher the unemployment of mother(p〈0.001), the higher the positive understanding of breast-feeding, and that the higher the entire support to breast-feeding, the more positive their understanding. 4. It was also shown that the lower the educational background of mother(p〈0.05), the higher the unemployment of mother(p〈0.001), the more the experience in breast-feeding at a delivery clinic(p〈0.01) and the faster the initial feeding(p〈0.001), the higher the rate of breast-feeding. 5. The factor having an effect on breast-feeding included a delivery clinic's encouragement to breast-feed(p〈0.001), understanding of breast-feeding(p〈0.01), father's comment on feeding method(p〈0.05) and mother's employment(p〈0.05). Discussion: In order to encourage the breast-feeding, as shown above, it is required, fist of all, to offer pregnant women an education about importance and excellence of breast-feeding and its appropriate method before delivery in advance to result in a positive comprehension of the breast-feeding. To do that, both the publicity activities and program development designed to encourage the breast-feeding must be performed in advance at the government level. In addition to that, the mother-infant space as ‘rooming-in’ available for breast-feeding immediately after delivery must be prepared on the basis of legal and administrative support. Finally, female employees' leave after childbirth must be performed for the purpose of productive welfare and circumstances also be prepared for breast-feeding, such as a children's home at work.

Evaluating Home Ranges of Endangered Asiatic Black Bears for In Situ Conservation (멸종위기종 반달가슴곰의 현장 내 복원을 위한 행동권 평가)

  • Kang, Hye-Soon;Paek, Kyung-Jin
    • The Korean Journal of Ecology
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    • v.28 no.6
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    • pp.395-404
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    • 2005
  • A project has recently begun to reintroduce endangered Asiatic black bears to the Jirisan National Park. However, information on home range that is necessary to maintain the Minimum Viable Population (MVP) of those bears does not exist. Based on point data of two bears that were released for trial in Jirisan in 2001, we identified the movement pattern of bears and estimated their home ranges with two different methods Finally, the possibility of conserving the MVP of bears was evaluated by comparing the location and size of the home range with habitats which have been found to be suitable for bears. The frequency of bears' appearance reduced drastically as road densities of both paved roads and legal trails increased. The midpoint of home ranges of the two bears was 376.85 $km^2$ and 50.76 $km^2$ based on 100% MCP (Minimum Convex Polygon) and 95% AK (Adaptive Kernel Home Range Method), respectively, with an overlapped area of 126.0 $km^2$ and 3.99 $km^2$ each. The core areas of their home ranges are located not in the no-entry zone, where major trails were open to the public - despite being designated as no -entry zone - but in areas where most trails were closed to the public. A discrepancy between core areas of home ranges and potentially suitable habitats suggests the effects of vehicles and tracking people through roads within the park. Thus, for the success of in situ conservation of endangered bears, well-planned management of habitats is needed to protect bears and to ensure the home ranges to support the MVP.

Development of the Forest Carbon Sink Index on Afforestation and Reforestation Activities (신규조림·재조림 활동의 산림탄소흡수원 지수 개발)

  • Song, Minkyung;Bae, Jae Soo;Seol, Mi Hyun
    • Journal of Korean Society of Forest Science
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    • v.103 no.1
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    • pp.137-146
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    • 2014
  • We have developed the Forest Carbon Sink Index on afforestation and reforestation activities, a regulation stated in article 26 of the 'Law on the maintenance and enhancement of carbon sink (Carbon Sink Law)', which took effect on March, 2013. According to the legal purpose to evaluate the performance of individual forest carbon offset projects and to compare each other at a certain point, values of the forest carbon sink index were calculated by the scoring method. Three criteria were established based on the Carbon Sink Law: 'Carbon' (real greenhouse gas reduction), 'Human' (socio-economic effect) and 'Nature' (environmental effect). Continuously, 9 indicators from the three criteria were selected by top-down approach; the adequacy of each criteria and indicators were reviewed through on-line Delphi survey; and finally weighted value of each criteria and indicators were assigned. To reflect the characteristics of the domestic forest carbon offset projects, which focus on corporate social responsibility-typed projects, we applied the score weighting method to minimize gaps among criteria and ones among indicators. After applying our newly developed forest carbon sink index to five domestic forest carbon offset projects, we could confirm that the criteria of 'Human' and 'Nature', which criteria are in relatively low weight, can play a role as an actual incentive to reduce negative socio-economic and environmental impacts. Based on performance evaluation of the five forest carbon offset project by the forest carbon sink index, the best or good performance project developers could be rewarded, and further the performance evaluation would work as an incentive to stimulate the involvement of domestic project developers in the field of forest carbon offset project.

Accuracy and Economic Evaluation for Utilization of National/Public Land Actual Condition Survey Using UAV Images (국공유지 실태조사 활용을 위한 UAV 영상의 정확도 및 경제성 평가)

  • Lee, Sang Chan;Kim, Jun Hyun;Um, Jung Sup
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.35 no.3
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    • pp.175-186
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    • 2017
  • In this study was to survey method of national/public land actual condition survey to utilization of UAV, in order to evaluate the economic and accuracy. we carried out the comparative evaluation of the cadastral status surveying in terms of accuracy of parcel checkpoint, economical costs. The results are summarized as follows. First, average position error of the orthoimage was 0.033m in X error, 0.023m in Y error when the RMSE average calculated 0.046m from the intersection of plane distance connections. Secondly, it was appeared the accuracy of the orthophotograph is 0.076m at the maximum RMSE of the UAV orthoimage check point and 0.042m at the minimum RMSE compared with the VRS-GNSS survey results. Thirdly, when the allowable error specified in the implementing regulation of the current cadastral survey is applied, all of the checkpoint of 0.360m tolerance corresponding to the scale of 1/1,200 is satisfied. Finally, UAV utilization method in national/public land actual condition survey is 26,497,436(KRW) cheaper than cadastral survey method for In the economic evaluation of national/public land actual condition survey. Therefore, as a result of this study shows that the method of utilizing UAV in the national/public land actual condition survey satisfies legal standards in terms of accuracy and economical aspect is a way to further reduce the local government budget.