• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.3-51
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• 2017

From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.115-157
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• 2013

Some contracting States of the Convention on International Civil Aviation (commonly known as the Chicago Convention) issue FAOC(Foreign AOC and/or Operations Specifications) and conduct various safety audits for the foreign operators. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident, it is the source of concern from the legal as well as economic perspectives. FAOC of the USA doubly burdens the other contracting States to the Chicago Convention because it is the requirement other than that prescribed by the Chicago Convention of which provisions are faithfully observed by almost all the contracting States. The Chicago Convention in its Article 33 stipulates that each contracting State recognize the validity of the certificates of airworthiness and licenses issued by other contracting States as long as they meet the minimum standards of the ICAO. Consequently, it is submitted that the unilateral action of the USA, China, Mongolia, Australia, and the Philippines issuing the FOAC to the aircraft of other States is against the Convention. It is worry some that this breach of international law is likely to be followed by the European Union which is believed to be in preparation for its own unilateral application. The ICAO established by the Chicago Convention to be in charge of safe and orderly development of the international civil aviation has been in hard work to both upgrade and emphasize the safe operation of aircraft. As the result of these endeavors, it prepared a new Annex 19 to the Chicago Convention with the title of "Safety Management" and with the applicable date 14 November 2013. It is this Annex and other ICAO documents relevant to the safety that the contracting States to the Chicago Convention have to observe. Otherwise, it is the economical burden due to probable delay in issuing the FOAC and bureaucracies combined with many different paperworks and regulations depending on where the aircraft is flown. It is exactly to avoid this type of confusion and waste that the Chicago Convention aimed at when it was adopted in 1944. The State of the operator shall establish a system for both the certification and the continued surveillance of the operator in accordance with ICAO SARPs to ensure that the required standards of operations are maintained. Certainly the operator shall meet and maintain the requirements established by the States in which it operate. The authority of a State stops where the authority of another State intervenes or where the former has yielded its power by an international agreement for the sake of international cooperation. Hence, it is not within the realm of the State to issue FAOC towards foreign operators for the reason that these foreign operators are flying in and out of the State. Furthermore, there are other safety audits such as ICAO USOAP, IATA IOSA, FAA IASA, and EU SAFA that assure the safe operation of the aircraft, but within the limit of their power and in compliance with the ICAO SARPs. If the safety level of any operator is not satisfactory, the operator could be banned to operate in the contracting States with watchful eyes until the ICAO SARPs are met. This time-honoured practice has been applied without any serious problems. Besides, we have the new Annex 19 to strengthen and upgrade with easy reference for contracting States. We don't have no reason to introduce additional burden to the States by unilateral actions of some States. These actions have to be corrected. On the other hand, when it comes to the carriage of the Personal or Pilot Log Book, the Korean regulation requiring it is in contrast with other relevant provisions of USA, USOAP, IOSA, and SAFA. The Chicago Convention requires in its Articles 29 and 34 only the carriage of the Journey Log Book and some other certificates, but do not mention the Personal Log Book at all. Paragraph 5.1.1.1 of Annex 1 to the Chicago Convention even makes it clear that the carriage in the aircraft of the Personal Log Book is not required on international flights. The unique Korean regulation in this regards giving the unnecessary burden to the national flag air carriers has to be lifted at once.

• KDI Journal of Economic Policy
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• v.32 no.4
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• pp.1-34
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• 2010

We conduct a comprehensive risk analysis of household debt in Korea for the first time using the whole sample credit bureau (CB) data of 2.2 million individual debtors. After analysing debt service capacity profiles of debtor groups classified by the borrower characteristics such as income, age, occupation, credit scoring, and the type of creditor business companies, we investigate the impact of interest rate and income changes on debt service-to-income ratios (DTIs) and default rates of respective debtor groups. Empirical results indicate that debt service burdens are relatively high for low income wage earners, high income self-employed, low income capital and card loan holders, and high income mutual savings loan holders. We also find that debtors from multiple financial companies are particularly weak in their debt service capacity. The scenario analysis indicates that financial companies, with the current level of capital buffers, may be able to absorb negative consequences arising from the increase in DTIs and loan default rates if the interest rate and income changes remain modest. However, the negative consequences may fall disproportionately on non-bank financial companies such as capital, credit card, and mutual savings banks, whose debtors' DTIs are already high. We also find that the refinancing risk of household debt is relatively high in Korea as more than half of household mortgage debts are bullet loans. As the DTIs of mortgage loan holders are already high, under the current DTI regulation, mortgage loans may not be readily refinanced especially when the interest rate rises. Disruptions in mortgage loan refinancing may put downward pressure on housing prices, which may in turn magnify refinancing risk under the current loan-to-value (LTV) regulation. Overall our analysis suggests that, for more effective monitoring of household debt risk, it is necessary to combine existing surveillance schemes based on macro aggregate indicators with more comprehensive and detailed risk analyses based on micro individual data.

• Journal of the Korean Institute of Landscape Architecture
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• v.40 no.6
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• pp.112-126
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• 2012

The theme is to analyze the time-series changes of design elements on golf courses and golf country club and its factors influencing to the changes with regard to 81-membership country club located in the Capital Area of Seoul, created in the periods from 1964 until 2011. The research methods is to analyze the time-series changes of environmental factors influencing to the changes of the elements on the golf course by book review, and to compare and speculate the results of the analysis on the environmental factors with the time-series changes on the golf course elements of statistical analysis as like regression analysis. The research results were as follows. The first, the environmental factors influencing to the change of golf course elements were analyzed as the five elements of the golf-related policies and regulations, the economy, the numbers of golfers, PGA and KPGA golf tournaments, the golf instruments. The second, the type and scale of the location of the golf course were showing trends of transformation from flat ground to mountainous one and from small scale to large one. The third, it was analyzed that he golf course elements as like the sizes, length, numbers of golf course elements as like fairway, green, bunker, teeing ground and pond were influenced by the law and regulation, the increase of amateur golfers, the promotion of techniques of golfers, the increase of the chance of foreign course designer's involvement to domestic market through the opening of PGA and KPGA tournaments etc. The fourth, the promotion of golf instruments and the flying distance were the factors influencing to the numbers of bunker, the lengths of holes. The fifth, it was revealed that the trends of increase of sizes of ponds influenced by enacting environmenal friendly laws and regulations, considering of landscaping, reflecting of design trends followed by the opening of PGA tournaments. Finally, it was proposed that the further research would be introduced with regard to the qualitative analysis onto the changes and influential factors of golf course design.

• Journal of the Korean Geographical Society
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• v.31 no.3
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• pp.489-507
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• 1996

The purpose of this study is to examine the increasing number of unregistered manufacturing plants and related problems, and to recommend alternative solutions to the problems. Data are obtained from a field survey of randomly selected small scale manufacturing plants in Seoul and its suburban cities. A total number or respondents are 533, and 416 of them are unregistered plants. The Capital Regional Planning has had a goal during last three decades to lead a balanced regional economic development by restriction manufacturing plants in the Capital Region and by encouraging them in other regions in the nation. It was 1984 when a comprehensive planning was established to achieve this goal. Sets of various regulations, by-laws and codes have been implemented to regulate manu-facturing activities in the Capital Region to achieve the goal. The region is divided into three sub-regions, and a different degree of regulations is applied to each sub-region. Only a certain types of industries are allowed in a particular sub-region. For instance, a plant manufacturing high-technology products could be allowed in the most urbanized sub-region. All manu-facturing plant in the Capital Region which has ares size of larger than 200"\;"$m^2$ is compulsory to register to the local government office. In practice, however, it is not common or sometimes almost impossible to get approval for many applicant manufacturers because of strict regulations. There have been increasing number of plants in the Capital Region during last several decades, despite the strict regulations. Many of those newly established plants are without formal registration at the local administration office. howerver. These are so called 'unregisterd' plants. Surveyed data and many government official data show that many of unregistered plants have been established in recent years. which indicate that current regulations are no longer effective. The number of unregistered plants are increasing tin the Capital Region because of many locational advantages in the region for plants, particularly those in small scale. Unregistered plants are the source of many problems, such as local water pollution or noise pollution in residential areas. There are also many administration problems, bed\cause they are not registered. The central government has attempted to cure the problems of unregistered plants. For example, the government allowed a unregistered plant to remain at present site for three ydars, if it met certain conditions in three years. However, this program was unsuccessful because many of those plants were not able to meet the concitions. Three times the government renewed the term for those which did not meet conditions since 1989, but it was afraid to be without success. There are many evidences that current policies to control manufacturing plants are not effective. The Capital Region must face mounting problems if ploicies are not reformed soon. This study suggests that the policy of the Capital Regional Planning has to be reoriented to provide more favorable policies for manufacturing plants in the Capital Region than current regulations which is aimed to restrict manufacturing activities. It is time to improve many existing problems in the region through reforms and of current regulations to foster unregistered plants. This study also proposes many smaller-area sub-divisions instead of current three large area sub-regions which is too broad to apply single kind of regulation, or codes. Flexible regulations and codes can be applied to such a small-area sub-divivisions based on location and industrial characteristics of the individual sub-divisions. It is necessary to provide decent industrial environment in the Capital Region, which is best equipped to provide many favorable industrial locational factors in the nation, thus this nation can be further prepared to compete in an inter-national market at an era of globalization in manufacturing.

• Journal of Korea Port Economic Association
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• v.34 no.4
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• pp.141-160
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• 2018

In this paper, to analyze the perception and response strategy of Korean ship owners on Global Sulphur Cap 2020, examined the IMO environmental regulation status focusing on MARPOL Annex VI regulation about air pollution prevention, technological measures to reduce SOx emission, shipping industry and management status of Korean ship owners. First of all, the questionnaire was conducted for Korean ship owners after selecting the evaluation factors. The purpose of this study was to investigate the difference of the perception and response strategy of Korean ship owners by corporation size and main vessel type using frequency and cross analysis. It is confirmed that various researches on SOx emission reduction have been carried out from various points of view at home and abroad. In this study, existing studies related to technical factors for regulatory response and economics analysis were examined and evaluation factors were selected. As a result of analysis, it is found that large-sized shipping companies are more prepared for regulatory response than small and medium-sized bulk carrier owners. There were similar perception and the direction of response strategy about the impacts by corporation size and main vessel type. In about two years to be implemented in 2020, It is necessary to find an appropriate response strategy based on the support policy of the government and related organizations and the systematic analysis of the ship owners. Through this study, although the difference between the perception and response strategy of the ship owners by corporation size and main vessel type was understood, it was found that there were limitations on specific response strategy and corporate data collection. In future research, we should overcome the limitations of this study and conduct an in-depth study.

• Korean Journal of Culture and Social Issue
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• v.12 no.1
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• pp.161-195
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• 2006

The purpose of this study is to examine factors influencing quality of life for individuals in the family, school or workplace, leisure settings, and Korean society using the indigenous psychological analysis. A total of 3,406 participants, consisting of 1,331 elementary, middle, high school students and 2,075 parents and teacher, completed an open-ended questionnaire developed by Kim and Park (2004b). The respondents reported the factors that influence quality of life in Korean society as follows: Economic condition, collective effort, leisure and cultural life, harmonious interpersonal relationships, effective government policy, and educational attainment. The factors that reduce quality of life in Korean society are as follows: Economic uncertainty, political instability, lack of citizenry, ingroup favoritism, corruption, lack of facilities for leisure and social life, and overemphasis on educational achievement. Second, the factors that influence quality of life in the family are as follows: Harmonious family relations and financial security. For students relationship with friends and academic achievement are reported as important factors influencing quality of life at school. For adults, harmonious interpersonal relationship, financial factors and occupational achievement are reported as important factors influencing quality of life at the workplace. For leisure and social leisure life, financial security, leisure time and interpersonal relationships are reported as important factors influencing quality of life. Third, as for generational differences, students reported political instability and adults reported economic uncertainty as the most important factor reducing quality of life in Korean society. For family life, students reported conflicts among family members and adults reported financial constraints as the most important factor reducing quality of life. For leisure and social life, students reported lack of leisure time and adults reported financial constraints as the most important factor reducing quality of life. Fourth, for students the following characteristics were associated with higher quality of life: Higher socio-economic status of the family, younger, and higher academic achievement. For adults, the following characteristics were associated with higher quality of life: Higher socio-economic status of the family and greater achievement their social life. Implications of these results on the quality of life in Korea, focusing on human relationship, financial factors, self-regulation and educational achievement are discussed.

• Journal of Digital Convergence
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• v.12 no.1
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• pp.177-192
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• 2014

In this study, To identify the member of an organization can be affected use of information technology and support of information technology how business strategy affected business performance. Also, This study is considered to be the epitome of corporate strategy in the Miles & Snow of the 'adaptation strategy' and Michael E. Porter of the 'fundamental competitive strategy' at the same time, by applying the existing business management strategy that can be applied to target compared to the type of management performance measures are presented for the purpose. the results of the study can be summarized as follows. First, Business strategies affect the financial performance for the hypothesis that Miles & Snow of the 'adaptation strategy' honor type of defensive strategy and financial performance and strategy management and positive impact on non-financial performance was found. Second, Management strategies affect the financial performance for the hypothesis that Michael E. Porter of the 'fundamental competitive strategies' overall cost leadership strategy and differentiation strategy of management and financial performance and non-financial performance was found to positively impact. Also, Business performance management strategy significantly positive affect, Business strategies with the characteristics of the relationship between management and Information technology utilization showed that the moderating effects.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.17 no.3
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• pp.18-31
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• 2018

Since accidents of hazardous material transport vehicle on roadways cause severe damage in the form of disaster, foreign countries have long been engaged in systematic management and establishment of relevant laws and policies for the road safety. Recently, over 10-kilometer long tunnel, such as Inje-Yangyang Tunnel and Geumjeongsan Tunnel, has been opened on the expressway and the production of various hazardous materials is increasing with the development of chemical technology. However, road laws related to the safe operation of hazardous materials transport vehicles are still lacking, and policy measures for managing them have not been specified. It is an important task to recognize the risk of accidents of hazardous material transport vehicles and to secure road safety by establishing a management plan for road managers. Therefore, this study analyzed the feasibility of the traffic regulation of expressway tunnel in South Korea and suggested a direction for management. The results of this study can be utilized as the primary data for the revision of law related to hazardous materials transport vehicles on roadways and the derivation of optimal route of hazardous materials transport vehicles.

• Journal of Korea Technology Innovation Society
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• v.19 no.1
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• pp.191-229
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• 2016

As Korean national R&D projects have steadily grown in size, the needs of enhancing the efficiency and effectiveness of the national R&D budge spending has been also discussed. Therefore, many efforts have been made to establish performance assessment system to improve the efficiency and effectiveness of the national R&D project. One example of such efforts is the stipulation of connecting the results of performance evaluation ranking of the national R&D projects with the budge allocation of for the coming fiscal year. Unlike the stipulated article in the law/regulation that 'more budge shall be allocated to a project rated over excellent grade and vice versa', however, precedent studies have been casting mixed opinions over to the effectiveness of the connection between assessment results and budge allocation. In this respect, the present study attempted to empirically examine if the laws and institutions related to the results of performance evaluation ranking of the national R&D projects with the budge allocation work properly, using panel regression analysis and quantitative data. In addition, this study investigated into the deterrent factors to the connectivity between the performance results of the national R&D projects and budge allocation and sought for a way to improve the system of performance assessment and enhance the reliability of the results by minimizing the hindrance factors.