• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.183-221
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• 2013

While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. Becides there are currently three national legislations relating to space development and commercial space activities in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

• Fire Science and Engineering
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• v.24 no.6
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• pp.112-119
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• 2010

In this research paper, the analysis, and improvement, of conditions of fire investigation related to products were derived. The results of the research showed that the main entity that plays the role of coordinator on the scene of fire investigation is unclear, systematic devices to protect the rights and interests of fire victims are inadequate, there are limitations in deriving the cause of fire due to the lack of fire appraisal organizations in fire departments, and the product companies are passive in their initial actions. As for improvement measures, it was found that the adoption of the system in which fire departments can play the role of mediator on the scene of fire investigation, the establishment and operation of fire appraisal organizations and research institutes in fire departments, and the establishment of network between fire departments and product companies are needed.

• Journal of Korean Society for Quality Management
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• v.31 no.4
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• pp.184-193
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• 2003

PL has been developed centering around England and America. Recently many countries are introducing PL system changing the world a single economic bloc based on the rapid development of Technology and Economy. This paper is studied with related literatures and theses, organizational consulting cases within the framework of the firm as the central operating bodies of PL system. In the past, Some papers about System Integration which was operated as a same Certificate System and enacted in a single organization, was studied and presented. But most of papers was a theoretical study related model and conception. In this situation Government supports PSMS of a single system at government expense to 100­200 companies for improving organizational confrontation ability of PL this year. This paper proposed a design and effect of Integration system model based on the analysis of ISO 9001：2000, KS, PSMS and ISO 14001. The integrated system has the following three distinctions. Firstly, KS is a national establishment, national leading certification and forcing standard. Secondly, ISO 9001：2000 and ISO 14001 are an international organization's establishment, non­official certification and optional standard. Finally, PSMS isn't a national law and forcing matter. And it isn't the concept of certification but the operational system by itself. Also if a lawsuit by defect is happened, it is very dangerous. This paper, which is integrated by four management systems and has many consulting cases, is the first in this department and is different from others. Also If people has the basic knowledge about management system, they can directly connect it to the organizational system according to this paper's guidance. It is very good result in this study because the law of PL is executed now.

• Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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• v.22 no.4
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• pp.54-60
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• 2008

It is impossible to database(DB) the patterns of power cable events and cause analysis of faulted cable because the product liability(PL) law have been enforced in Korea, since 2002. In additions, simulation and pattern of power cable events are needed for DB system under accelerated deterioration. In this paper, we tested for resistance to cracking of cable below the 22.9[kV] class due to thermal stresses. This method of exam is following IEC 60811-3-1(Common test methods for insulating and sheathing materials of electric cables). From the results, The 22.9[kV] class A power cable was discolored on the surface and significantly reduced in the longitudinal direction. As the thermal weight properties of A power cable was definitely varied, we are able to guess the problem of manufacture. If the cable was defect by the manufacture, the victims would be able to claim for damage in the PL system.

• Journal of the Korean Home Economics Association
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• v.43 no.4 s.206
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• pp.141-159
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• 2005

The purpose of this study is to examine the effects of warning labels of consumption goods on consumer behavior and the consumers' evaluation in order to suggest a policy of warning labels and the Product Liability Law. The following items which are somewhat risky but are used in everyday the were selected: cup noodles, one-touch can foods, washing machine, microwave range, dry cell, hydro-oxygen detergent, baby-walker, and block-toys. Data were collected from 345 respondents by internet survey with the following results. (1) The average score of the effects of warning labels on consumer behavior was so low that warning labels are not considered effective, especially in block-toys, dry cell, and baby-walker. (2) Consumers' evaluation scores on the character size, design and sticking place of warning labels were very low. Therefore an effort to make warning labels more effective is needed.

• Proceedings of the Korean Institute of IIIuminating and Electrical Installation Engineers Conference
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• 2007.11a
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• pp.349-352
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• 2007

It is impossible to database(DB) the patterns of cable events and cause analysis of faulted cable because the product liability(PL) law have been enforced in Korea, since 2002. In additions, simulation and pattern of cable events are needed for DB system under accelerated deterioration. In this paper, we tested for resistance to nicking of cable below the 22.9kV class due to thermal stresses. This method of exam is following IEC 60811-3-1(Common test methods for insulating and sheathing materials of electric cables). First of all, set the cable in the thermal stress instrument, temperature changed from -20 degree to 120 degree. After thermal stress, we observed a surface crack of cable through microscope and carried out AC withstand voltage test.

• Proceedings of the KIEE Conference
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• 2007.07a
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• pp.2062-2063
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• 2007

WTO/TBT 협정 및 제조물책임법(PL : Product Liability Law)이 시행됨에 따라 전기설비 공사 시 안전성 확보는 전기공사의 최우선 과제로 정부 및 전기관련 단체에서는 안전에 대한 연구가 활발하다. 정부는 안전관리 강화를 위한 조치로 전기설비 검사제도와 관련하여 전기사업법이 매년 부분적으로 개정되고 있다. 그러나, 개정내용의 대부분은 사용전검사(점검)등 신규시설물 검사에 대한 범위에만 주안점을 두고 있기에 우리협회를 비롯하여 전기관련 단체 및 기술자들은 실질적인 안전강화에 대한 의견을 지속적으로 제시하고 있다. 본 연구는 현재 전기설비 검사제도의 실태를 되짚어보고 외국의 전기설비 검사제도 운영을 검토하여 보다 합리적인 발전방안을 제시하고자 한다.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.147-196
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• 2023

Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.71-91
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• 2022

The CISG does not stipulate the subject of the burden of proof, and in the arbitral award, the buyer is liable for proof compared to the seller for nonconformity of the product. Without a unified interpretation of the burden of proof of non-contractual goods, confusion of uncertainty may increase if the parties to the sale contract have a dispute due to the trade in goods. It is an important issue to create a unified regulation on this because the courts or arbitration agencies of the Contracting States of the CISG interpret and apply the "seller's obligation to conform to the goods contract" stipulated in this Convention in various ways. In this study, in the case of international Sales of Goods there is a tendency to prefer arbitration through arbitration agencies in the dispute, so the subject of burden of proof is analyzed through arbitration cases applied by CISG as the governing law. Most international commodity trading around the world is regulated by this Convention, but according to the rigid convention regulations, it is analyzed and interpreted through cases where this convention is applied to each country's international arbitration, suggesting the need for a rigid CISG revision.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.59-158
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• 2005

When a military aircraft suffers damages due to the defects in its design, manufacturing or notification, all of which are generally understood as products liability defects, the obvious compensation is sought as it would in other consumer good case. However, there exist clear yet unappreciated difference between general consumer goods and military aircraft, as far as products liability law is concerned - some sort of recovery should be obtained even when there exist only defects, not damages, to the aircraft because of the implication of defective parts is much grave than what can be expected in a consumer goods case. While certain anticipatory measures do exist in manual or at negotiation stages for the safety of military aircraft, such measures are ineffective, if not ambiguous, in recovery effort in the post-accident stage In another word, the standardized military procurement contract manuals and boilerplate forms do not appreciate the unique and dangerous military nature of military aircraft. There are many unique legal issues which can arise when trying to prevent defective aircraft or parts, or to recover compensations for accident due to such defects. At two-level, the government should establish legal system (or countermeasures if you'd like) for purchasing safer military aircraft. First, one should be able to work with legal ground and policy that allows selecting and purchasing safer goods - the purpose of such contract is not litigious, but rather in acquiring what are most reliable. Second, in case the defects do arise and lead to damages, solid legal principles and instructions should be established for effectively pursuing appropriate company, (usually a aerospace industry giant with much experience) for products liability - the purpose of such pursuit is inevitable for a public official, since he or she is no private business man with much flexibilities, even to the point of waiving such compensatory right for future business purposes. This article tries to identify problems in methods of procuring military aircraft or parts - after reviewing on how the military can improve on legal and policy grounds for procuring what will be the focus of future military strength, it will offer some of the ways to effectively handling and resolving a liability issues.