• The Korean Journal of Air & Space Law and Policy
• /
• v.1
• /
• pp.47-85
• /
• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• Journal of the East Asian Society of Dietary Life
• /
• v.24 no.4
• /
• pp.514-528
• /
• 2014

This study examined the actual state and future improvement of food allergies in adolescents and adults in order to prevent damage. In this survey, proportions of females, people in their 40s, college graduates, and office workers and housewives with allergies were higher than other groups. Exactly 41.1% of participants responded that they had experienced food allergies while 58.9% responded that they had not. According to their responses, the most common food allergy symptom involved the skin while whole-body allergic reactions were rare. Most respondents answered that frequency of their food allergies was two or three times. There was a variety of allergenic foods, including fast food, eggs, mackerel and milk, and instant food was ranked as the most allergenic food. Therefore, in order to protect consumers from damage caused by food allergens, the food allergen labeling system must be improved. A better food allergen labeling system should be implemented to avoid potential risks of allergic reactions and ensure national food safety.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.21 no.3
• /
• pp.223-233
• /
• 2015

In order to evaluate the pollution of heavy metals in offshore surface sediments around shipyards in Korea, surface sediment samples were collected at eleven stations around four major shipyards located in the southeastern coast of Korea in summer 2010 and nine kinds of heavy metals such as copper(Cu), zinc(Zn), cadmium(Cd), lead(Pb), chrome(Cr), arsenic(As), mercury(Hg), iron(Fe) and aluminum(Al) in sediments were analyzed. The concentrations of Cu at all sampling stations were in the range of 47.10~414.96 mg/kg and exceeded TEL(Threshold Effects Level) 20.6 mg-Cu/kg of Korean marine environmental standards for offshore sediments and ERL(Effect Range-Low) 34.0 mg-Cu/kg. The concentrations of Cu at seven stations around four shipyards were 65.18~414.96 mg/kg and exceeded PEL(Probable Effects Level) 64.4 mg-Cu/kg of Korean marine environmental standards for offshore sediments. The concentration of Cu at one station around B-shipyard was 414.96 mg/kg and exceeded ERM(Effect Range-Median) 270.0 mg-Cu/kg. The concentrations of Zn at all stations were in the range of 135.09~388.79 mg/kg which exceeded ERL 150.0 mg-Zn/kg. The concentrations of Zn at seven stations around four shipyards were 157.57~388.79 mg/kg and exceeded PEL 157.0 mg-Zn/kg. The concentration of Zn at one station around B-shipyard was 388.79 mg/kg and was approaching ERM 410.0 mg-Zn/kg. The concentrations of Cd at all stations were in the range of 0.11~0.54 mg/kg and were below TEL 0.75 mg-Cd/kg and ERL 1.2 mg-Cd/kg. The concentrations of Pb at all stations were in the range of 18.04~105.62 mg/kg. The concentrations of Pb at two stations around B-shipyard were 73.87~105.62 mg/kg which exceeded TEL 44.0 mg-Pb/kg and ERL 46.7 mg-Pb/kg, and were below PEL 119.0 mg-Pb/kg and ERM 218.0 mg-Pb/kg. The concentrations of Cr at all stations were in the range of 51.26~85.39 mg/kg. The concentration of Cr at one station around B-shipyard was 85.39 mg/kg and exceeded ERL 81.0 mg-Cr/kg. The concentrations of As at all stations were in the range of 8.70~22.15 mg/kg which exceeded ERL 8.2 mg-As/kg and were below ERM 70.0 mg-As/kg. The concentrations of As at eight stations around A-shipyard, B-shipyard and D-shipyard were 14.93~22.15 mg/kg which exceeded TEL 14.5 mg-As/kg and were below PEL 75.5 mg-As/kg. The concentrations of Hg at all stations were in the range of 0.02~0.35 mg/kg. The concentrations of Hg at three stations around A-shipyard were 0.11~0.13 mg/kg which were almost equal to TEL 0.11 mg-Hg/kg. Those at two stations around B-shipyard were 0.27~0.35 mg/kg which exceeded TEL 0.11 mg-Hg/kg and ERL 0.15 mg-Hg/kg, and were below PEL 0.62 mg-Hg/kg and ERM 0.71 mg-Hg/kg. The concentrations of Fe and Al at all stations were in the range of 2.90 3.66 % and 3.12 6.80 %, respectively. These results imply that heavy metals such as copper, zinc, lead, arsenic and mercury were likely to be transferred to marine environment from shipyards, especially from B-shipyard.

• The Korean Nurse
• /
• v.36 no.5
• /
• pp.45-62
• /
• 1998

The study was conducted from November 1995 to May 1996 at the one general hospital in Seoul. The total subjects of this study were 412 patients who have the experience of fall accident, among them 31 was who have fallen during hospitalization and 381 was who visited emergency room and out patient clinic. The purposes of this study were to determine the characteristics, risk factors and results of fall accident and to suggest the nursing strategies for prevention of fall. Data were collected by reviewing the medical records and interviewing with the fallers and their family members. For data analysis, spss/pc+ program was utilized for descriptive statistics, adjusted standardized $X^2$-test. The results of this study were as follows: 1) Total subjects were 412 fallers, of which 245(59.5%) were men and 167(40.5%) were women. Age were 0-14 years 79(19.2%), 15-44 years 125(30.4%), 45-64 years 104(25.2%), over 65 years 104(25.2%). 2) There was significant association between age and the sexes ($X^2$=39.17, P=0.00). 3) There was significant association between age and history of falls ($X^2$=44.41. P= .00). And history of falls in the elderly was significantly associated with falls. 4) There was significant association with age and medical diagnosis ($X^2$=140.66, P= .00), chief medical diagnosis were hypertension(34), diabetis mellitus(22), arthritis(11), stroke(8), fracture(7), pulmonary tuberculosis(6), dementia(5) and cataract(5), 5) There was significant association between age and intrinsic factors: cognitive impairment, mobility impairment, insomnia, emotional problems, urinary difficulty, visual impairments, hearing impairments, use of drugs (sedatives , antihypertensive drugs, diuretics, antidepressants) (P < 0.05). But there was no significant association between age and dizziness ($X^2$=2.87, P=.41). 6) 15.3% of total fallers were drunken state when they were fallen. 7) Environmental factors of fall accident were unusual posture (50.9%), slips(35.2%), trips (9.5%) and collision(4.4%). 8) Most of falls occurred during the day time, peak frequencies of falls occurred from 1pm to 6pm and 7am to 12am. 9) The places of fall accident were roads(22.6%), house-stairs 06.7%), rooms, floors, kitchen (11.2%), the roof-top, veranda, windows(10.9%), hospital(7.5%), ice or snowy ways(5.8%), bathroom(4.9%), playground, park(4.9%), subway-stairs(4.4%) and public-bathrooms (2.2%). 10) Activities at the time of fall accident were walking(37.6%), turning around or reaching for something(20.9%), going up or down stairs09.2%), exereise, working07.4%), up or down from a bed(2.7%), using wheelchair or walking aids, standing up or down from a chair(2.2%) and standing still(2.2%). 11) Anatomical locations of injuries by falls were head, face, neck(31.3%), lower extremities (29.9%). upper extremities(20.6%), spine, thorax, abdomen or pelvic contents(l1.4%) and unspecified(2.9%). 12) Types of injures were fracture(47.6%), bruises03.8%), laceration (13.3%), sprains(9.0%), headache(6.6%), abrasions(2.9%), intracranial hemorrage(2.4%) and burns(0.5%). 13) 41.5% of the fallers were hospitalized and average of hospitalization was 22.3 days. 14) The six fallers(1.46%) died from fall injuries. The two fallers died from intracranial hemorrage and the four fallers died of secondary infection; pneumonia(2), sepsis(1) and cell lulitis(1). It is suggested that 1) Further study is needed with larger sample size to identify the fall risk factors. 2) After the fall accident, comprehensive nursing care and regular physical exercise should be emphasized for the elderly person. 3) Safety education and safety facilities of the public place and home is necessary for fall prevention.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.20 no.6
• /
• pp.646-652
• /
• 2014

Data of pollution incidents which occurred in shipyards of South Korea for 10 years from 2004 to 2013 were collected and analyzed in order to propose the plans for the prevention of pollution incidents in shipyards. Total number of pollution incidents in shipyards was 103 cases over the nation of Korea for the recent 10 years and the average annual number was about 10 cases, and annual cases tended to increase from 8 cases in 2004 to 23 cases in 2010 and then to decrease to 9 cases in 2013. The location data of pollution incidents showed 32 cases in Busan metropolitan city (31%), 30 cases in Jeonnam (29%), 21 cases in Gyeongam (21%), 5 cases in Jeju (5%), 4 cases in Gangwon (4%), 4 cases in Gyeongbuk (4%), 3 cases in Chungnam (3%) and 3 cases in Incheon metropolitan city (3%). According to the data of work types of shipyards, 60 cases happened during the work of ship repair (58%), 25 cases during the work of ship breakup (24%), 10 cases in the course of ship building (10%) and 8 cases by others (8%). The data of pollutant type showed oil and oily mixtures to be 59 cases (57%), waste paint dust to be 22 cases (21%), iron dust and welding slag to be 13 cases (13%), wastes to be 4 cases (4%), waste FRP powder to be 3 cases (3%), and others to be 2 cases (2%). The plans for the prevention of pollution incidents in shipyards of Korea were proposed as follows; (1) Observance of the related laws and regulations, (2) Establishment and implementation of action plans to prevent areas dense with shipyards from causing pollution incidents, (3) Establishment and implementation of oil pollution prevention plans in shipyards, especially during the ship repair and breakup works, (4) Preparation of measures to solve civil complaints against pollution incidents in shipyards, and (5) Improvement in national management for the control of shipyards.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.23 no.6
• /
• pp.719-730
• /
• 2017

Recently, oceanic research has been carried out investigating global scientific interests and the territorial management of national marine jurisdictional waters, including exclusive economic zones (EEZ) and the open seas. To meet the needs of ocean researchers pursuing these - objectives, acquiring advanced research infrastructure, including research vessels, large facilities, and equipment, is a top priority in ocean science. However, ocean science is a similar to space science, and securing resources and state-of-the-art technology can be expensive. Faced with these challenges, our study focused on establishing a strategy for the efficient operation and management of research vessels, attempting to establish benchmarks from foreign examples that can be adapted to suit the target context. The results of this study provide ways to identify operating systems that could increase the efficiency of joint-use research vessels. The different systems examined in this study included a joint-use committee-based management system (JCMS, Type 1), private enterprise entrusted operating system (PEOS, Type 2), institutional investment operating system (IIOS, Type 3), and commissioned executive operating system (CEOS, Type 4). The efficiencies of JCMS, PEOS, IIOS and CEOS were 9.17, 5.82, 11.2 and -1.72 %, respectively. Given the total costs involved, the most affordable operating system was IIOS. JCMS was the most cost-effective system based on a quantitative cost-benefit analysis, but IIOS also had an acceptable cost-benefit balance. An operational committee would be required and regulations and guidelines shoulde be established to employ, JCMS, while a strategy to yield independent revenue would be needed to utilize an IIOS system.

• Journal of Food Hygiene and Safety
• /
• v.37 no.6
• /
• pp.418-428
• /
• 2022

The purpose of this study was to obtain the codex classification information on the primary food commodity (fresh state) of processed foods of plant origin that are included in the Codex Classification of Foods and Animal Feeds. Furthermore, whether or not the primary food commodity is included in the primary food classification from the Food Code of Korea was investigated. The results are summarized as follows: First, the Codex Classification information (number of classification codes/number of the primary food commodity group that fresh commodities of processed foods are classified/number of primary food commodity that is not included in the Codex Classification) by a processed food group appeared to be 46/8/0 for dried fruits, 76/11/1 for dried vegetables, 54/4/12 for dried herbs, 36/1/0 for cereal grain milling fractions, 17/4/3 for oils and fats (crude), 34/8/9 for oils and fats (refined), 20/8/0 for fruit juices, 3/2/0 for vegetable juices, and 19 codes for teas (in the Codex Classification, the primary food commodity group for tea does not exist). Second, the number of the primary food commodities not included in the Food Code of Korea was 9 for dried fruits, 14 for dried vegetables, 35 for dried herbs, 0 for cereal grain milling fractions, 6 for teas, 3 for oils and fats (crude), 9 for oils and fats (refined), 2 for fruit juices, and 0 for vegetable juices. Third, it was demonstrated that caution should be exercised when using Codex Classification due to differences in food classification between Codex and Korea, such as coconut (Codex, as tree nut as well as assorted tropical and sub-tropical fruit) and olive (Codex, as assorted tropical and sub-tropical fruit as well as olives for oil production), as well as special cases in the Codex Classification, such as dried chili pepper (Codex, as spice), tomato juice (Codex, as vegetable for primary food commodity and as fruit juice for juice) and ginger (Codex, as spice for rhizome and not including as primary commodity for leaves).

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.27 no.7
• /
• pp.987-994
• /
• 2021

The Yellow sea, as described in article 123 of UNCLOS, is semi-enclosed sea surrounded by the Republic of Korea, the People's Republic of China and North Korea. In addition, the Yellow Sea is one of the 66 large marine ecosystems as it contains large amounts of marine resources. According to article 194 of UNCLOS, states should be aware of rights and duties with respect to the protection and preservation of the marine environment to be engaged with countries directly as regional entity or indirectly. Therefore, the legal blank is urgent in terms of trans-boundary environmental pollutant issues. The UNDP has conducted a project called Yellow Sea Large Marine Ecosystem (YSLME) which has reached the 2^nd phase. The project has some notable achievements, namely performing joint activities on analysis of diagnostic trans-boundary issues in collaboration with China and South Korea, developing a strategic action plan based on TDA, and establishing regional strategic action plan. However, on the other hand, the project could not reflect the full participation of North Korea as a state party. As a result, the project has a limitation on effective implementation of RSAP. Therefore, this study focuses on the suggestion of a legally-binding trilateral treaty as a blue print for the next, 3^rd phase of the project. By analyzing the best practice of the Wadden Sea Trilateral Treaty case, the study verifies the validity of legislative measures on establishing and managing a legally-binding trilateral YSLME Commission. By suggesting a three phase treaty, incorporating a joint declaration by establishing the commission, the signing of the treaty, and formulating an umbrella convention and implementation arrangement, the study expects to guarantee the consistency and sustainability of the trilateral treaty regardless of political issues pertaining to North Korea.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.29 no.2
• /
• pp.197-206
• /
• 2023

Recently, the international community, including the International Maritime Organization (IMO), has strengthened regulations on air pollution emissions of ships, and eco-friendly ships are actively being developed to reduce exhaust gas emissions. Among them, rotor sail (RS), a wind-assisted ship propulsion system, is attracting attention again. RS is a cylindrical device installed on the ship deck, that generates hydrodynamic lift using a magnus effect. This is a next generation eco-friendly auxiliary propulsion technology, and Enercon company, which developed RS-applied ships, announced that fuel savings of more than 30% are possible. In this study, optimal installation conditions such as RS spacing and arrangement type were selected when multiple RSs were installed on ships. AR=5.1, SR=1.0, and D_e/D was fixed at 2.0 according to the RS arrangement, and the wind direction was considered only for the unidirectional +y-axis. Regarding arrangement conditions, five conditions were set at 3D intervals in the +x-axis direction from 3D to 15D and five conditions in the +y-axis direction from 5D to 25D. C_L, C_D and aerodynamic efficiency (C_L/C_D) were compared according to the square(□) and diamond(◇) shape arrangements. Consequently, the effect of RS on the longitudinal distance was not significantly different. However, in the case of RS flow characteristics according to the transverse distance, the interaction effect of RS was the greatest when the two RSs almost matched the wind direction. In the case of the RS flow characteristics according to the arrangement, notably, when the wind blew in the forward (0°) direction, the diamond (◇) arrangement was least affected by the backward flow between RSs.

• Journal of Service Research and Studies
• /
• v.14 no.1
• /
• pp.63-76
• /
• 2024

Multi-family housing plays a crucial role as a living and experiencing space, and its environment has a direct impact on the well-being and stability of its residents. Therefore, Crime Prevention Design (CPTED) for multi-family housing is of utmost importance. However, crime-related data in China is not disclosed to the public because of its specificity, making it difficult for researchers to conduct further in-depth studies based on accurate crime data. As a result, the establishment and application of CPTED theory in terms of crime prevention is limited and delayed. This study aims to explore three aspects of CPTED in multi-family housing as perceived by home-buying consumers. It investigated consumer perception of the CPTED, the importance of each element and ways to increase awareness of CPTED in multifamily housing in order to effectively improve multifamily crime prevention design principles and further enhance public safety. This study examined the current state and future trends of CPTED in China by analyzing relevant research reports and literature, aiming to gain insights into the crime prevention awareness of Chinese homeowners. In addition, a survey was conducted on Chinese consumers to unravel the importance of CPTED and increase awareness of its various elements in multifamily-family. This study used a Likert scale and SPSS reliability analysis to determine the cognitive status of multi-family CPTED, the importance of each element, and proposed an improvement plan based on the analysis results. As this study was limited by the difficulty of implementation and the lack of validation of its practical effectiveness, it is recommended that future research needs to validate the effectiveness of crime prevention designs and produce more practical results. Furthermore, it is crucial to utilize this study to inform the implementation of security solutions that are tailored to the unique characteristics of each district. Additionally, it is important to offer guidance on how to enhance community safety by increasing residents' awareness of security through education and information dissemination. The author hopes that the representative multi-family CPTED awareness, the importance of each element, and plans for improvement shall be summarized from this study, and provide foundational data for the future development of CPTED based on the Chinese region.