• Title/Summary/Keyword: Property Policy

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The Liability of Participants in Commercial Space Ventures and Space Insurance (상업우주사업(商業宇宙事業) 참가기업(參加企業)의 책임(責任)과 우주보험(宇宙保險))

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.101-118
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    • 1993
  • Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

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The legal responsibility of the unmanned aircraft operators and insurance (무인항공기 운영자의 법적책임과 보험)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.367-418
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    • 2018
  • Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

The Major Technology Distribution Analysis of Domestic Defense Companies in Naval Ships based on Patent Information Data (함정 분야 방산업체 주요 기술 분포 분석)

  • Kim, Jang-Eun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.7
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    • pp.625-637
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    • 2020
  • In order to decide the naval ship weapon system acquisition for national policy/market economy activities, the decision makers can determine policy based on current technology level/concentration/utilization. For this, the decision makers apply the major common technology field analysis using patents data. As a method for collecting patent data, we can collect patent data of domestic mobile carriers through the Korea Intellectual Property Rights Information System of Korean Intellectual Property Office. As a result, we collected 14,964 patents/352 International Patent Classification(IPC) types. Based on these data, we performed three analysis processes (SNA, PCA, ARIMA, Text Mining) and got each result from extracting 58 IPC types of SNA and 7 IPC types of PCA. Based on the analysis results, we have confirmed that 7 IPC(B63B, H01M, F03D, B01D, H02K, B23K, H01H) types are the Major Common Technology Distribution of domestic Defense Companies.

The Effects of the Science and Technology Environment on Technology Transfer (과학기술 환경이 기술이전에 미치는 영향: OECD 34개 국가를 중심으로)

  • Back, Seunghee;Park, Young-Il
    • Journal of Technology Innovation
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    • v.22 no.2
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    • pp.131-156
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    • 2014
  • Nowadays, the R&D policy has gradually emphasized the creation of economic values added through technology transfer of R&D performance. Technology transfer plays an important role in making a profit on commercialization of technology, but the performance of technology transfer is a great difference between countries. Therefore, this study analyzes the effects of the science and technology environment on technology transfer from a national point of view. In this study, the science and technology environment largely consists of openness, ease of firms, protection of intellectual property, emphasis of science in schools. We select OECD 34 countries as the subject of this study and collect the data from IMD between 2002 and 2011. The results show that all hypotheses are supported. Openness and ease of firms are related to technology transfer as they help to improve the understanding and willingness about technology transfer nationally. Protection of intellectual property also influences the spread of R&D performance positively, and the environment that is emphasized science in school actively promotes both creation and technology transfer of R&D performance. Although prior studies have focused on technical capabilities to improve the performance of technology transfer, we consider the influence of the science and technology environment from an institutional perspective. This study will do much for formulate the R&D policy.

A Study on the socio-economic impact of 3D Printing (3D프린팅이 사회·경제에 미치는 영향에 관한 연구)

  • Kim, Hyeon-Chang
    • Journal of Digital Convergence
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    • v.13 no.7
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    • pp.23-31
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    • 2015
  • With the expiration of main patent of printing method, public interest now has shifted to 3D printing. In this, it needs to shine a light on the negative effects, particularly in the socio-economic aspect of 3D printing. By analyzing the existing research findings, policy reports and press releases, the negative effects of 3D printing and its countermeasures were derived. The main drawbacks of 3D printing includes the following: It might cause 3D printing-related crimes(e.g. printed weapons, intellectual property infringement, etc.) and it poses a big threat to other related business sectors.(e.g. potential job loss in molding and medical equipments manufacturing industries) What's more, the nature of 3D printing that it is easy to operate attracts lots of people, which then leads to serious social and environmental problems-product liability, ethical issues, environmental pollution, and finally government's blindly excessive investment in 3D printing. To avoid such potential risks, the government should establish and enforce the institutional law, and guidelines. Government's rational investment decision is also inevitable for the short-term and long-term sustainability of 3D printing.

Study on Management Plan of the Financial Supervisory Service According to Increase of Risk of Household Debts (중소형증권사 Project-Financing 우발채무 확대에 따른 금융감독원 관리방안에 관한 연구)

  • Lee, YunHong
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.4
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    • pp.21-33
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    • 2018
  • In 2018, the real estate markets have hardly been transacted according to the government's tight regulations of real estates, and have the high possibility to reach a low hit due to the hike of loan interest rates following the U. S rise of base money rate. The key profits for the large construction companies mainly come from the overseas plant projects and the domestic non-governmental construction projects. They suffered a lot such as the lowering of their credit ratings due to the large losses caused by the frquent design changes and work delay. Even in the domestic non-governmental construction projects, the general business risks are on the rise due to the property marketing moving over to the decreasing phase. The small and medium sized security companies has realized a lot of operaring profits as they participated in the PF market to make up for the losses in the securities trading business. But, now as the housing market is not so good around the nation except Seoul and the financial states of large construction companies are not good enough, they can face the liquidity crisis if there happens the problems in the PF backed securities which they have handled. As Korean economy experienced the crisis in the savings banks before, it is recommended that Financial Supervisory Service proposes the preemptive control method and supervision direction to overcome the crisis.

A Study on Real Condition Estimation for Fire Protection Safety Management System Builds (소방안전경영시스템 구축을 위한 실태평가에 관한 연구)

  • Kang, Gil-Soo;Choi, Jae-Wook
    • Fire Science and Engineering
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    • v.27 no.2
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    • pp.18-24
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    • 2013
  • Goverment and enterprises have been devoting a lot of dffort in order to prevent the loss of human and property due to a large, diversified fire, explosion, global warming and disasters caused by natural phenomena. But Enterprises came forward and running in the economy priority policy for profit-seeking until now in order to meet the macro purpose of quality improvement of national life and welfare promotion in company with National growth, as a result of lax risk management have had to endure the loss of precious lives and property. According to the '2007 Survey of public safety for the activation of the safety culture' of National Emergency Management Agency [NEMA], a insensitivity of safety in our society was surveyed 'a serious level'. In this study, surveyed need of 'step-by-step fire protection safety management system builds' in order to prevent fire safety accident and improvement of safety awareness level through a systematic management and real condition estimation of not only large business that can control risk management, but also small business that has a big risk to occur accident easily according to small budget and organization.

The Biometric Signature Delegation Method with Undeniable Property (부인봉쇄 성질을 갖는 바이오메트릭 서명 위임 기법)

  • Yun, Sunghyun
    • Journal of Digital Convergence
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    • v.12 no.1
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    • pp.389-395
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    • 2014
  • In a biometric signature scheme, a user's biometric key is used to sign the document. It also requires the user be authenticated with biometric recognition method, prior to signing the document. Because the biometric recognition is launched every time the signature session started, it is not suitable for electronic commerce applications such as shopping malls where large number of documents to sign are required. Therefore, to commercialize biometric based signature schemes, the new proxy signature scheme is needed to ease the burden of the signer. In the proxy signature scheme, the signer can delegate signing activities to trustful third parties. In this study, the biometric based signature delegation method is proposed. The proposed scheme is suitable for applications where a lot of signing are required. It is consisted of biometric key generation, PKI based mutual authentication, signature generation and verification protocols.

Livestock Industry Odor Reduces the Property Value - Spatial Hedonic Model - (축산농가의 악취가 주택가격에 미치는 영향 - 공간헤도닉모형 -)

  • Park, Dooho
    • Environmental and Resource Economics Review
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    • v.14 no.4
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    • pp.923-941
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    • 2005
  • Odor problem of livestock operation is important issue in a local community. I quantified the property price impact of 199 livestock operations for 3,355 housing sales in the U.S (Colorado). Spatial hedonic model was adopted to deal with spatial autocorrelation in housing market. Small beef and dairy operations, which are the traditional agricultural sector, seem to create a positive rural lifestyle amenity effect. However, the impact of livestock operation on rural residential sales turns to negative if the operation is over a certain size and species. Large hog and sheep operation seems to bring fatal economic loss from the local community perspective if it close to residential area. Livestock odor is one of the negative externality, the results provide the potential social cost of the livestock sector in the region. Policy makers may incorporate this social cost in the regional planning to minimize the social and maximize the development effect. Therefore, local officials and private individuals should carefully consider the location and characteristics of new residential properties and livestock operations alike.

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User Privacy management model using multiple group factor based on Block chain (블록 체인 기반의 다중 그룹 요소를 이용한 사용자 프라이버시 관리 모델)

  • Jeong, Yoon-Su;Kim, Yong-Tae;Park, Gil-Cheol
    • Journal of Convergence for Information Technology
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    • v.8 no.5
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    • pp.107-113
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    • 2018
  • With the rapid development of big data and Internet technologies among IT technologies, it is being changed into an environment where data stored in the cloud environment can be used wherever the Internet is connected, without storing important data in an external storage device such as USB. However, protection of users' privacy information is becoming increasingly important as the data being processed in the cloud environment is changed into an environment that can be easily handled. In this paper, we propose a user-reserving management model that can improve the user 's service quality without exposing the information used in the cloud environment to a third party. In the proposed model, user group is grouped into virtual environment so that third party can not handle user's privacy information among data processed in various cloud environments, and then identity property and access control policy are processed by block chain.