• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.99-144
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• 2016

The summary of the case is as follows: a Korean passenger booked and purchased a business class ticket from Air France that was scheduled to depart from Paris and arrive in Seoul. When the passenger arrived at the check-in counter, he was told that all business class seats were occupied. It was because the flight was overbooked by Air France. The passenger cancelled the Air France flight and took another air carrier. After arriving in Korea, he brought suit against Air France for damages. The purpose of this article is to discuss the governing law when interpreting the contract of international air carriage in accordance with the Korean Private International Act (2001) and to analyze air carrier's civil liability for the bumped passenger in the overbooking case. If the parties have not chosen the applicable law the contract shall be governed by the law of the habitual residence of the consumer in the following situations: prior to the conclusion of the contract, the opposite party of the consumer conducted solicitation of transactions and other occupational or business activities by an advertisement in that country or conducted solicitation of transactions and other occupational or business activities by an advertisement into that country from the areas outside that country and the consumer took all the steps necessary for the conclusion of the contract in that country or in case the opposite party of the consumer received an order of the consumer in that country [Article 27 (1), (2) of the Private International Act]. Since the contract of international carriage falls into the consumer contract, the Supreme Court viewed that the governing law of the contract in this case would be the law of the habitual residence of the consumer (Supreme Court Decision 2013Da8410 decided on Aug. 28, 2014). This interpretation differs from the article 5 (4) of Rome Convention(80/934/EEC) which declares that the consumer contract article shall not apply to neither a contract of carriage nor a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence. Even though overbooking can be considered as a common industry practice, an air carrier must burden civil liability in case of breach of contract for the involuntary bumped passenger(Seoul Central District Court Decision 2014Na48391 decided on Jan. 29, 2015). In case of involuntary bumping, an air carrier must offer re-routing to passenger's final destination by an alternative flight. If an air carrier fails to effect performance in accordance with the tenor and purport of the obligation, the involuntary bumped passenger may claim damages(Article 390 of the Civil Code).

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.125-147
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• 2011

Considering a trend of logistics and transport industry in these days, it can be said that international express courier service is one of the most familiar transport type to the general public. Especially in Korea, due to development of electronic commercial transaction and the popularity of television home shopping, it can easily anticipated that express courier business will continuously grown in the future. However, the legal basis for international express courier is not properly set up so far. The only clause about this can be found on Korean Aviation Law said as 'commercial documents delivery business'. The origin of the commercial documents delivery business in Aviation Law is to make exception from public postal services which has been exclusive status as monopoly based on the Korean Postal Law. Basically, according to this regulation, all the private postal delivery is prohibited except some sort of commercial documents such as consignment notes, packing list, invoice etc. Thus, those documents could be delivered not only by public postal services but also by private courier company according to the Korean Postal Law. This waiver has probably come from under developing condition of Korean postal circumstances, however it should be revised according to the modernized business practice. Reflecting these revisions, the articles of Korean Postal Law adopted 'international express courier document' as the exception of postal service. Therefore, Korean Aviation Law also needs to be revised as Postal Law in due course. In addition to revision of Korean Aviation Law, some sort of new legislation is required to govern the private legal aspects such as legal liabilities, duties and rights of each parties on international express courier. This should be governed by 'law' not by 'terms and conditions' provided by business operators. Furthermore, to support and develop the current domestic logistics companies as international express courier company, it is required to regulate with the separate express courier law.

• Journal of the Korean Institute of Landscape Architecture
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• v.43 no.2
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• pp.1-12
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• 2015

This study explores urban gardening and garden culture in residential area as an everydayness that has been overlooked during the modern period urbanization and investigates the meaning and value of urban gardening from the perspective of urban formations and growth in spontaneous urban residential area, Haebangchon. The result identified that urban gardening as a meaning of contemporary culture is a new clue to improving the urban physical environment and changing the lives and community network of residents. Haebangchon is one of the few remaining spontaneous habitations in Seoul, and was created as a temporary unlicensed shantytown in 1940s. It became the representative habitation for common people in downtown Seoul through the revitalization of the 60s and the local reform through self-sustaining redevelopment projects during the 70s through the 90s. This area still contains the image of times during the 50s to the 60s, the 70s to the 80s and present, with the percentage of long-term stay residents high. Within this context, the site is divided into third quarters, and the research undertaken by observation and investigation to determine characteristics of urban gardening as an everydayness. It can be said that urban gardening and garden culture in Haebangchon is a unique location culture that has accumulated in the crevices of the physical condition and culture of life. These places are an expression of resident's desires that seeking out nature and gardening as revealed in densely-populated areas and the grounds of practical acting and participating in care and cultivation. It forms a unique, indigenous local landscape as an accumulation of everyday life of residents. Urban gardens in detached home has retained the original function of the dwelling and the garden, or 'madang', and takes on the characteristic of public space through the sharing of a public nature as well as semi-private spatial characteristic. Also, urban gardens including small kitchen garden and flowerpots that appear in the narrow streets provide pleasure as a part of nature that blossoms in narrow alley and functions as a public garden for exchanging with neighbors by sharing produce. This paper provides the concept of redefining the relationship between the private-public area that occurs between outside spaces that are cut off in a modern city.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.223-258
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• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

• Korean Journal of Environment and Ecology
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• v.31 no.2
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• pp.252-265
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• 2017

This study aims to analyze the landscape ecological characteristics of green spaces within built up area of high density and evaluate the potential applicability of green patches, thereby introducing urban garden for generating green networks in residence areas. To this end, Yeoksam-Dong was selected as the site area since it is classified as both green initiative zone and alienated area of park service in Seoul. First, the current condition of green spaces in Yeoksam-Dong was identified by five categories: Street trees, private garden, public pocket garden, rooftop garden, and park. Then, the landscape index analysis through FRAGSTATS and connectivity assessment via multi-buffer zone analysis were carried out for analyzing the green networks and evaluating the potential value of green space. The results showed that the degree to which green areas in the site were distributed is arranged in the order of street tree, private garden, public pocket garden, park, and rooftop garden. In case of the street trees whose total core area (TCA, $1,618m^2$) is as high as the park's ($1,128m^2$). Private garden has potential for green network in built up area of high density by gardening since the shape of the patches are irregular (ED = 78.1m/ha) and the average distance among the patches is close (ENN=33.9m). Public pocket garden has also potential for gardening according to the result that it was found to be distributed evenly (LPI=5.7%, SHEI=0.9) with exposing external disturbance ($TCA=66m^2$). For the green network, 84% of all the study site is covered by small green network in 50m butter range of connected green area. The effect of green network was expected through gardening in public pocket garden (27%) and street tree (26%). Accordingly, it is encouraged to actively utilize street tree, private gardens, and rooftop gardens and to establish the urban gardens like local-based community gardens in public pocket garden where a variety of activities can be carried out near residential areas. By doing so, green networks can effectively be established in built up area with high density. The results of this study can contribute positively to fostering the creation of various types of urban gardens.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.39-77
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• 2019

Crew members engaged in international air transportation provide work in many countries due to the nature of their work. According to the Private International Act, the place where the employee habitually carries out his/her work plays an important role in the determination of the governing law of the international labor contract (Article 28, Paragraph 2) and in the decision of international jurisdiction (Article 28, Paragraphs 3 and 4). The concept of the place where the employee habitually carries out his/her work was proposed by the EU to determine international jurisdiction and governing law. In international aviation law, the legislative purpose of the place where the employee habitually carries out his/her work is different from that of home base, which is a concept introduced for fatigue management of the crew in order to secure the aviation safety; thus the place where the employee habitually carries out his/her work and home base are not the same concept. In order to determine the place where the employee habitually carries out his/her work, following matters should be considered comprehensively; (i) where the crew starts and ends work, (ii) where the aircraft the crew is performing work on is primarily parked, (iii) where the crew is informed of the instructions and organizes his/her work activities, (iv) where the crew is obliged to reside according to the labor contract, (v) where there is an office provided by the employer and available to the crew, (vi) where the crew is obliged to be when he/she is ineligible for the work or subject to discipline. However, since all of the above items are the same as the location of the home base, it is reasonable to consider the home base as the most important factor when deciding on the place where the employee habitually carries out his/her work. In contrast, the state where the aircraft is registered (Article 17 of the Chicago Convention), should not be regarded as a place of where the employee habitually carries out his/her work. In this case, CJEU provided the first judging standard for the concept of the place where the employee engaged in international air transportation habitually carries out his/her work. It is the interpretation of the Brussels regulations which became a model -for the Korean Private International Act,- so it would be helpful to understand the concept of the place where the employee habitually carries out his/her work.

• Journal of Digital Convergence
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• v.10 no.3
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• pp.273-281
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• 2012

As appearing on the stage of social media which expands the private relations to the public relations, the Social Intelligence(SI) is made again prominent in our society. The Public Relations(PR) is in particular related to the SI which means the ability to get along well with other people and to encourage others to cooperate with oneself. It points out the necessity of the study with respect to the impact of SI on the choice of educational major and the adaptation of social media in PR, because the SI is one of the important aptitudes which students who major in Communication and PR would need for actual field. But the result of the research indicates that the SI does not influence the choice of educational major of the students who major in Communication and PR. To make those students go into high level of the SI, the students need the specific education which would enhance and reinforce their SI such as the SPACE Program developed by Albrecht and reorganization of curriculum in the education of Communication and PR. Besides, this study shows that the high level people actively use the social media, for example, Smartphone in order to keep their best relationships.

• Journal of the Korean Association of Geographic Information Studies
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• v.18 no.2
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• pp.75-91
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• 2015

This study aims to analyse the U-City characteristics through the U-City historical mapping. The U-City characteristics were analysed by building the U-City historical map in terms of STIM model which consists of service, technology, infrastructure and management. The data for analysis is the National Informatization White Paper published by the NIA (National Information Society Agency) from 2002 to 2013. As a result, first, the U-City service were evolved from administration informatization, enterprise informatization, administration/living informatization and administration/space/private informatization through the intelligence facilities and space. Second, the U-City technology were changed through wire network, sensor/network, processing/super-highway network, convergence of network/security. Third, the U-City infrastructure have had evolutionary process such as wire computer network, wire/wireless network, intellectualization facility and intelligent facility space. Forth, the U-City management were carried out with making the unit network/infrastructure management, information connection/operating management and information integration/participation management. Therefore, the history of U-City has been making rapid development in government computerization, computer oriented society, information city and ubiquitous city.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.199-220
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• 2004

The Montreal Convention which came into force on November 4, 2003 over the world, has brought a fundamental change to the scope of carrier liability and expanded the sue scope of the carrier. Not only confirms the carrier liability, it also reflects the effects of code-share. In addition to integrate the existing principles that adopted by many conventions, the Montreal Convention has systematized the unity of international air transport into a single convention. It even successfully increased the extremely low compensation amount which was pointed out as a problem in the Warsaw Convention before. The Warsaw Convention, originally stood for the carriers, began to reflect the standpoint of the passengers. The Chinese Civil Aviation Law came into force on March 1, 1996. One of the significant characteristics of the law is that, the regulation on public and private law is mixed combined. Therein, the content of carrier liability system is prescribed in Chapter 9, which is explained in detail in this study. Besides, the relationship between the Montreal Convention and China will be expounded too. So far, China ranks the 5th in RPK and the 6thin FrK. However, in spite of the high ranks, China has not yet joined this convention. This can be regarded as a serious problem. China should join it as soon as possible for a further development and deeper cooperation with the air-industry-developed countries. Once the government ratifies the Montreal Convention, it will benefit both the Chinese passengers and the airlines.

• The Journal of the Korea Contents Association
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• v.11 no.3
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• pp.230-240
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• 2011

A gallery provides the function to make opportunities for artist to meet the customers who would buy the products from them. And there was performed the place where artist who production provider, planner, managers and private collectors met to distribute artworks and to educate fine art for public and provide a chance sending leisure time. We investigated this galleries at old urban center in daegeon region by the deep interview and Delphi method. A galleries was operated by a sense of duty and pride. Though its environment is poor, it grows up the young artist and art trends. By delphi results, the role of gallery is recognized as the discovery of an unknown young artist and provider of art trend and paradigm. Also they was recognized as the space for social and cultural responsibility operation culture. Galleries was recognized as key factors as literary value, marketability and harmony between gallery and artworks. Artist was known as a key factors as gallery's expertise, gallery awareness and capacity for artworks selling. Gallery will be considered the functions as the various cultural experience space and culture service space. Although galleries are passive and one dimensional functions.