• Title/Summary/Keyword: Private space

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Rationalizing Strategies for Children's Activity Spaces and Facilities (어린이 활동공간 및 놀이시설 제도 합리화 방안)

  • Park, Mi-Ok;Koo, Bon-Hak
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.4
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    • pp.36-50
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    • 2012
  • This study was carried out to find contradiction factors on laws for children's activity spaces and facilities and to suggest the rational options to control and manage those spaces and facilities by environmental and landscape planning methods. The results of this study are as follows: 1. The major laws related to the environmental safety for children's activity spaces are "Environmental Health Act (ERA)" for managing the environmental safety of children's activity spaces; "Safety Supervision Law of Children's Play Facilities(SSLCPF)" for the inspection and management for safety of children's play facilities; "Quality Management and Industrial Products Safety Management Law(QMIPSML)" for managing safety certification on children's play equipments. 2. The interior space such as "living room" by the Children's Welfare Law(CWL), "Children Park" by the Act on Urban Parks and Green Spaces(AUPGS), "classroom" on private educational institutes by the Act on Establishment and Operation Private Lesson and Training(AEOPLT) and "nursing room" of child care center smaller than $430m^2$ are needed to be managed as an activity space. 3. In order to reduce industrial burden in the production, establishment, construction, and operation and to minimize unwilling extra burden in the administration effort due to legally double regulate, it is necessary to mitigate the inspections on the equipment certificate from QMIPSML and overlapped or different factors and standards must be unified. With this study, the landscape domain could he enlarged from producing, import of play equipment and establishment, construction and operation of play facilities for a comprehensive range of activity spaces, and the landscape industry such as engineering industry, academic research, management, etc.

A Study on Legal Comparison Review of the Pilot's License System of WIG Ship(surface-flying ship) and Pilot Certification System of Aircraft (수면비행선박 조종사 면허제도와 항공기 조종사 자격증명제도의 법적 비교 검토)

  • Park, Sang-Yong
    • 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.

The Legislation of the Part VI (the Carriage by Air) of the Korean Commercial Code (국내 항공운송법 제정안에 관한 고찰)

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.3-29
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    • 2008
  • The volume of air passengers and cargo transportation has increased rapidly in recent years. This trend will be even more noticeable as the high-tech service industry expands and the globalization progresses. In an effort to reflect and to cope with this trend, many conventions concerning international air transportation have been concluded. The Republic of Korea has also acceded to the Montreal Convention of 1999 on September 20th, 2007 which became effective on December 29th 2007. However, Korea currently does not provide any private law on the liability of domestic air carrier, leaving the regulation wholly to the general conditions of carriage of private air lines. These general conditions of carriage, however, are not sufficient to regulate the liabilities of domestic air carriers, because they cannot be fully recognized as a legitimate source of law applicable in the court. This situation is inconvenient for both air carrier and their customers. Thus, the Ministry of Justice of Korea has decided to enact a law that will regulate domestic air transportation, namely, "Domestic Carriage by Air Act", as a part of the Korean Commercial Code. So was composed a special committee for legislation of the Domestic Carriage by Air Act. This writer has led the committee as a chairman. The committee has held in total 10 meetings so far and has completed a draft bill for the part VI of the Korean Commercial Code, "Air Carriage." The essentials of the draft are as follows: First, the establishment of Part VI in the Commercial Code. The Korean Commercial Code already includes a series of provisions on road transportation in part II and carriage by sea in part V. In addition to these rules regulating different types of transportation, the Domestic Carriage by Air Act will newly establish part VI to regulate air carriages. Eventually, the Commercial Code will provide an integrated legal system on the transportation industry. Second, the acceptance of the basic liability system which major international conventions, such as Montreal Convention of 1999 and Guadalajara Convention of 1961, have adopted. This is very important, because the law of air carriage is unified worldwide through various international conventions, making it necessary and significant for the new act to achieve conformity between rules of international air carriage and that of domestic air carriage. Third, the acceptance of Rome Convention system on damage caused by foreign aircraft to third parties on the surface. Fourth, the application of rules on domestic road carriage or carriage by sea mutatis mutandis with necessary modifications. This very point is the merit of inserting domestic air transportation law into the Commercial Code. By doing so, the number of articles can be reduced and the rules on air carriage can conform to that of road transportation and carriage by sea. The bill is expected to be passed by the parliament at the end of this year and is expected to be effective by end of July 2009.

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The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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Public Park Awareness along with Community Garden Cultivation Participation within an Urban Park (도시공원 내 텃밭 경작 참여 여부에 따른 공원 공공성 인식 연구)

  • Nam Koong, Hee;Kim, Seul-Yea;Kang, Eun-Jee;Kim, Yong-Geun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.43 no.1
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    • pp.120-131
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    • 2015
  • This research aimed at understanding recognition of the park's community garden, public evaluation of it, and user awareness of the public enhancement plan. This was based on the problem that arose in the park community garden as public awareness research along with community garden cultivation participation within the urban park. In order to compare recognition differences along with community garden cultivation participation, the researcher conducted an analysis by dividing research participants into a cultivation participant group and non-participant group. As a result first, the cultivation participant group positively recognized the necessity of the community garden compared to the non-participant group. However, they recognized the community garden as a space for private profit, which threatened the public aspect of the park. Second, as a result of evaluating community garden publicness, the non-participant group which was alienated from community garden use, had a negative opinion about the community garden. Third, as a result of researching awareness of the community garden distribution method and consumption to promote publicness of the community garden, the cultivation participant group recognized the community garden as a space for private profit. Therefore, it is necessary for both groups to be aware of the public value of the community garden among the park users for sustainable management and operation. The significance of this research is the direction in the aspect of users to form, manage and operate the community garden in the urban park without damaging publicness of the park or conflicting between the function of the park and the function of the community garden. Henceforth, the researcher expects that this research can be utilized to maintain publicness of the park in respect of formation of the community garden in the park and management and operation.

The Liability Regime of the Air Carrier under the National Legislation of Korea by Adopting the Montreal Convention (몬트리올 협약을 수용한 한국의 국내 입법상 항공운송인의 책임제도)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.3-27
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    • 2012
  • The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.

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Regenerative capacity of augmented bone in rat calvarial guided bone augmentation model

  • Kubota, Tatsuya;Hasuike, Akira;Ozawa, Yasumasa;Yamamoto, Takanobu;Tsunori, Katsuyoshi;Yamada, Yutaka;Sato, Shuichi
    • Journal of Periodontal and Implant Science
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    • v.47 no.2
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    • pp.77-85
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    • 2017
  • Purpose: Guided bone regeneration (GBR) is the most widely used technique to regenerate and augment bones. Even though augmented bones (ABs) have been examined histologically in many studies, few studies have been conducted to examine the biological potential of these bones and the healing dynamics following their use. Moreover, whether the bone obtained from the GBR procedure possesses the same functions as the existing autogenous bone is uncertain. In particular, little attention has been paid to the regenerative ability of GBR bone. Therefore, the present study histologically evaluated the regenerative capacity of AB in the occlusive space of a rat guided bone augmentation (GBA) model. Methods: The calvaria of 30 rats were exposed, and plastic caps were placed on the right of the calvaria in 10 of the 30 rats. After a 12-week healing phase, critical-sized calvarial bone defects (diameter: 5.0 mm) were trephined into the dorsal parietal bone on the left of the calvaria. Bone particles were harvested from the AB or the cortical bone (CB) using a bone scraper and transplanted into the critical defects. Results: The newly generated bone at the defects' edge was evaluated using micro-computed tomography (micro-CT) and histological sections. In the micro-CT analysis, the radiopacity in both the augmented and the CB groups remained high throughout the observational period. In the histological analysis, the closure rate of the CB was significantly higher than in the AB group. The numbers of cells positive for runt-related transcription factor 2 (Runx2) and tartrate-resistant acid phosphatase (TRAP) in the AB group were larger than in the CB group. Conclusions: The regenerative capacity of AB in the occlusive space of the rat GBA model was confirmed. Within the limitations of this study, the regenerative ability of the AB particulate transplant was inferior to that of the CB particulate transplant.

A study on the product liability for defects of unmanned aerial vehciles (무인항공기 결함에 대한 제조물책임의 적용 연구)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.151-180
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    • 2015
  • South Korea is advancing the unmanned aircraft private commercial business. Unmanned aerial vehciles industry has been developing for several years also abroad. However, unmanned aerial vehciles industry, can be an accident occurs. Accident of unmanned aerial vehciles to occur material damage and casualties. Particularly if an accident because of a defect in the unmanned aerial vehciles has occurred, it is necessary to analyze the liability for this. The defect accidents unmanned aerial vehciles has been the different manufacturing and design product is intended, whether it is important how to prove to this. This is because, unmanned aerial vehciles are designed in any intent of the original, it is impossible to victims know. So imposing a responsibility to prove the design by the manufacturer intended consumer is not fair. Moreover, the consumer, it is necessary to prove only that the product is one that normally dangerous lacked safety can be expected. This is a detailed issue of judgment of defects of unmanned aerial vehciles, the manufacturer to bear the accountability. In the case where the defect on the display of the unmanned aircraft is a problem, and if it reasonable indication, it is not appropriate to be required to prove that it was possible to prevent damage to the victim.

A study on the standard of healing forest size for application of forest area on wellness -focused on urban area- (산림의 웰니스적 활용을 위한 치유의 숲 면적 기준 정립 연구 -대도시 지역(특·광역시)을 중심으로-)

  • Jeong, Mi-Ae;Lee, Jeong-Hee;Yoo, Rhee-Hwa;Park, Su-Jin;Kim, Jae-Jun
    • Journal of Digital Convergence
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    • v.13 no.6
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    • pp.297-305
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    • 2015
  • Forest area was applied as health promotion place for resident. Korea Forest Service set the term of "forest healing" based on the application of forest area as health promotion, which multidisciplinary approach in forest policy, and construct the "healing forest" for the healing space. Handicapped was excluded from the forest healing service as healing forest was located in the point away from urban area. The standard of healing forest size was difficult to set as urban forest area was fragmented. This study conducted on adequate standard of healing forest size in urban region. This study surveyed the laws related to the outdoor recreation place, and the walking range of the handicapped (elders, disabilities). The results were deduced with interrelationship between two factors(forest policy, human walking range). Healing forest size was not departmentalized for urban area compared with the standard of similar outdoor space (tourism complex, urban parks). Healing forest size was changed from 50ha to 25ha in national forest, from 30ha to 15ha in private forest considered with walking range of handicapped. This study contributes the evidence as the standard of healing forest size for health promotion in urban resident.

The New Urbanization Process and Urban Policy of Daegu in the 1990s (1990년대 대구의 신도시화 과정과 도시정책)

  • Kim, Soon-Cheon;Choi, Byung-Doo
    • Journal of the Korean association of regional geographers
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    • v.9 no.4
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    • pp.461-480
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    • 2003
  • This paper is to consider the new urbanization process of Daegu in the 1990s, especially with its economy, politics, social culture, environment and space. In the economic aspect, the industrial structure of Daegu has shifted from the manufacturing- centered economy to the service economy. But it has not yet overcome the linear frame of industrial structure still relying on the textile industry, though the degree of industrial specialization has increased in the part of the fabricated metal products and the precision and optical instrument. In the political situation that the implementation of the local self-government has made the relation between localities more competitive, the local government of Daegu has led a boom for boosting the regional economic growth, organizing private-public-research relations to improve the weakening regional investment and production function. In the social and cultural aspect of the new urbanization, the investment into the soft-ware facilities has been increased, and the urban festivals have been changed so as to revitalize the regional economy. In the environmental aspect, as the self-government system has launched, conflicts around values and interests of local governments have revealed frequently due to locations of infra-structures and of abhorrence facilities. Finally, seen from the spatial dimension of the city, the extension of residential areas and unregulated use of urban space have a result of inefficience of land-use, and this kind of unplanned outer expansion of the city has brought about with further separation of house and working place, and increasing distance of movements and the an urban spatial structure which requires more energy consumption.

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