• Title/Summary/Keyword: Space law

Search Result 1,367, Processing Time 0.024 seconds

The Requirement and Effect of the Document of Carriage in Respect of the International Carriage of Cargo by Air (국제항공화물운송에 관한 운송증서의 요건 및 효력)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.23 no.2
    • /
    • pp.67-92
    • /
    • 2008
  • The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

  • PDF

A Study on Legal and Institutional Improvement Measures for the Effective Implementation of SMS -Focusing on Aircraft Accident Investigation-

  • Yoo, Kyung-In
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.32 no.2
    • /
    • pp.101-127
    • /
    • 2017
  • Even with the most advanced aviation technology benefits, aircraft accidents are constantly occurring while air passenger transportation volume is expected to double in the next 15 years. Since it is not possible to secure aviation safety only by the post aircraft accident safety action of accident investigations, it has been recognized and consensus has been formed that proactive and predictive prevention measures are necessary. In this sense, the aviation safety management system (SMS) was introduced in 2008 and has been carried out in earnest since 2011. SMS is a proactive and predictive aircraft accident preventive measure, which is a mechanism to eliminate the fundamental risk factors by approaching organizational factors beyond technological factors and human factors related to aviation safety. The methodology is to collect hazards in all the sites required for aircraft operations, to build a database, to analyze the risks, and through managing risks, to keep the risks acceptable or below. Therefore, the improper implementation of SMS indicates that the aircraft accident prevention is insufficient and it is to be directly connected with the aircraft accident. Reports of duty performance related hazards including their own errors are essential and most important in SMS. Under the policy of just culture for voluntary reporting, the guarantee of information providers' anonymity, non-punishment and non-blame should be basically secured, but to this end, under-reporting is stagnant due to lack of trust in their own organizations. It is necessary for the accountable executive(CEO) and senior management to take a leading role to foster the safety culture initiating from just culture with the safety consciousness, balancing between safety and profit for the organization. Though a Ministry of Land, Infrastructure and Transport's order, "Guidance on SMS Implementation" states the training required for the accountable executive(CEO) and senior management, it is not legally binding. Thus it is suggested that the SMS training completion certificates of accountable executive(CEO) and senior management be included in SMS approval application form that is legally required by "Korea Aviation Safety Program" in addition to other required documents such as a copy of SMS manual. Also, SMS related items are missing in the aircraft accident investigation, so that organizational factors in association with safety culture and risk management are not being investigated. This hinders from preventing future accidents, as the root cause cannot be identified. The Aircraft Accident Investigation Manuals issued by ICAO contain the SMS investigation wheres it is not included in the final report form of Annex 13 to the Convention on International Civil Aviation. In addition, the US National Transportation Safety Board(NTSB) that has been a substantial example of the aircraft accident investigation for the other accident investigation agencies worldwide does not appear to expand the scope of investigation activities further to SMS. For these reasons, it is believed that investigation agencies conducting their investigations under Annex 13 do not include SMS in the investigation items, and the aircraft accident investigators are hardly exposed to SMS investigation methods or techniques. In this respect, it is necessary to include the SMS investigation in the organization and management information of the final report format of Annex 13. In Korea as well, in the same manner, SMS item should be added to the final report format of the Operating Regulation of the Aircraft and Railway Accident Investigation Board. If such legal and institutional improvement methods are complemented, SMS will serve the purpose of aircraft accident prevention effectively and contribute to the improvement of aviation safety in the future.

  • PDF

Hydro-Mechanical Modelling of Fault Slip Induced by Water Injection: DECOVALEX-2019 TASK B (Step 1) (유체 주입에 의한 단층의 수리역학적 거동 해석: 국제공동연구 DECOVALEX-2019 Task B 연구 현황(Step 1))

  • Park, Jung-Wook;Park, Eui-Seob;Kim, Taehyun;Lee, Changsoo;Lee, Jaewon
    • Tunnel and Underground Space
    • /
    • v.28 no.5
    • /
    • pp.400-425
    • /
    • 2018
  • This study presents the research results and current status of the DECOVALEX-2019 project Task B. Task B named 'Fault slip modelling' is aiming at developing a numerical method to simulate the coupled hydro-mechanical behavior of fault, including slip or reactivation, induced by water injection. The first research step of Task B is a benchmark simulation which is designed for the modelling teams to familiarize themselves with the problem and to set up their own codes to reproduce the hydro-mechanical coupling between the fault hydraulic transmissivity and the mechanically-induced displacement. We reproduced the coupled hydro-mechanical process of fault slip using TOUGH-FLAC simulator. The fluid flow along a fault was modelled with solid elements and governed by Darcy's law with the cubic law in TOUGH2, whereas the mechanical behavior of a single fault was represented by creating interface elements between two separating rock blocks in FLAC3D. A methodology to formulate the hydro-mechanical coupling relations of two different hydraulic aperture models and link the solid element of TOUGH2 and the interface element of FLAC3D was suggested. In addition, we developed a coupling module to update the changes in geometric features (mesh) and hydrological properties of fault caused by water injection at every calculation step for TOUGH-FLAC simulator. Then, the transient responses of the fault, including elastic deformation, reactivation, progressive evolutions of pathway, pressure distribution and water injection rate, to stepwise pressurization were examined during the simulations. The results of the simulations suggest that the developed model can provide a reasonable prediction of the hydro-mechanical behavior related to fault reactivation. The numerical model will be enhanced by continuing collaboration and interaction with other research teams of DECOLVAEX-2019 Task B and validated using the field data from fault activation experiments in a further study.

Movie 's Emotional Ambivalence (영화 <부러진 화살>의 정서적 이중성)

  • Kim, Guyl-Hun
    • The Journal of the Korea Contents Association
    • /
    • v.13 no.3
    • /
    • pp.65-75
    • /
    • 2013
  • Movie captured audience's whole sense organs to the screen which is made up of visual story-telling decorated by color, sound, and smell. The audience rediscovered native emotions(pleasure, fear, terror) suppressed and left in the compressed world of space and time, that is to say a movie world separated from the real world, by being immersed in the movie story. This study revealed audience's feelings of pleasure and fear by analyzing the movie . First of all, the pleasure would be discussed in terms of Nietzsche's "the will to power." Nietzsche defined something to breathe, move, and will as being alive, and he insisted that its power to life is 'the will to power.' Human beings wish to have power and want to increase it: pleasure, the real motivation of human behaviors and phenomena. The movie well revealed the pleasure by showing nonperson's challenge and victory against social rulers. Second, the fear and terror of the audience will be discussed in terms of in Lacan's psychoanalysis. Lacan extended Freud's id, ego, and superego into the worlds of reality, imagine, and symbol, and suggested a father in symbol world among those worlds. He suggested as a basic and connecting instrument of the socialization just like Signifi$\acute{e}$ and Signifiant, Saussure' basic linguistic structure in "Cours de lingustique g$\acute{e}$n$\acute{e}$rale"(1916). Because father is the symbol and the metaphor of law, the absence of him and resistance against him means obstacles of social stabilization. Finally this paper will also discuss that the fear from the absence of law and the pleasure provoked by self-preserving instincts, that is to say natural feelings, are connected to values of progressivism and conservatism.

A Study on Documentation Strategy for Archiving Locality (지역 아카이빙을 위한 기록화방안 연구)

  • Kwon, Soon-Myung;Lee, Seung-Hwi
    • The Korean Journal of Archival Studies
    • /
    • no.21
    • /
    • pp.41-84
    • /
    • 2009
  • Lots of cultures, memories, histories of the local life have disappeared. Some sectors of universities and religion have keep their records in manuscript archive only. On the other hand records of public sectors were at least able to be managed by the records management law. Citizen's groups and academic bounds were also roles to get public records strong. However can we just describe whole body with only public records? As records management law a record of private sector which has value of preserving can be managed under national protection. Yet establishment of local archive is not obligate. Only stressing on public records is like what dictatorial government acted in past years. It is what we ignore diversity and request of community. We need to move our view that we have focused on public and central sectors to private and local sectors. Local records management based on locality could help to complete the entire puzzle. The way complete the puzzle is various and wide spheres including from cultural space to being extinct village. Locality is defined as the property in certain area or distinctiveness of locals. Establishing production strategies is as important as collecting records produced over the past years for local archiving. Local archiving has to be regionally conducted in phase. Moreover common wealth and recognition of communities are reflected in the acquisition process. In next to archiving local organizations and private records according to collection policy, methodology on local archiving needs for archive management and use in various public and private fields. This methodology could be possible by building a local archive networking tool. It is true that Local archiving is not familiar and clear yet. If we can turn the effort for public records we have made to endeavor for private sectors, we might expect big fruits in private sectors. We easily emphasis on globalization or internationalization, our daily lives start on our villages. Setting aside our small communities, such a puzzle of the whole would never be completed. This is good time to begin finding lost puzzle for future. The key that can find lost puzzles be held in archiving localities.

Analysis of the Pre-service Chemistry Teachers' Cognition of the Nature of Model in the Design and Development Process of Models Using Technology: Focusing on Boyle's Law (테크놀로지를 활용한 모델의 설계와 개발 과정에서 나타난 예비화학교사의 모델의 본성에 대한 인식 분석: 보일 법칙을 중심으로)

  • Na-Jin Jeong;Seoung-Hey Paik
    • Journal of the Korean Chemical Society
    • /
    • v.67 no.5
    • /
    • pp.378-392
    • /
    • 2023
  • The purpose of this study is to analyze the pre-service chemistry teachers' cognition of the nature of model in process of designing and developing models using technology. For this purpose, 19 pre-service chemistry teachers' in the 3rd grade of a education college located in the central region observe experimental phenomena related to Boyle's law presented in the 7th grade science textbook and researchers required the design and development of a model related to the observed experimental results using technology. Based on previous studies, the nature of model were classified into two aspect: 'Representational aspect' and 'Explanatory aspect'. The 'Representational aspect' was classified into 'Representation', 'Abstraction', and 'Simplification', and the 'Explanatory aspect' was classified into 'Analysis', 'Interpretation', 'Reasoning', 'Explanation', and 'Quantification'. The pre-service chemistry teachers' cognition were analyzed by the classification. As a result of the study, the 'Representation' of the 'expressive aspect' was uniformized in the form of space that changes in volume, and the pressure was expressed as the Brightness inside the cylinder or frequency of color change of particles for 'Abstraction'. In the case of 'Simplification', the particle collision was expressed as a perfectly elastic collision, but there was a group that could not simply indicate the type of particle. In the 'Explanatory aspect', in the case of 'Analysis', volume was classified as a manipulated variable, and in the case of 'Interpretation', most groups analyzed the change in pressure through the collision of gas particles. However, the cognition involved in 'Reasoning' was not observed much. In the case of 'Explanation', there were groups that did not succeed in explanation because the area where the particles collided was not set or incorrectly set, and in the case of 'Quantification', there was a group that formulated the number of collisions per unit time, and on the contrary, there was a group that could not quantify the number of collisions because they could not be expressed in numbers.

Construction and Applicability of GIS-Based Grave Management System (GIS기반 분묘관리시스템의 구축 및 적용)

  • Lee, Jin-Duk;Lee, Seong-Hwan
    • Journal of the Korean Association of Geographic Information Studies
    • /
    • v.14 no.4
    • /
    • pp.208-220
    • /
    • 2011
  • Korean traditional practice that gets a gravesite for burial and reckless grave establishment not only obstructs systematic national land management and reasonable urban development, but also causes a serious factor which has a harmful effect on natural environment and residential space in reality that our country is limited in area and national and social bases for use and establishment of graves are still inadequite. Though government and local governments have tried to cope with these problems by enacting legislation on funeral and others and so forth, they still have a variety of problems due to the shortage of grave management systems and information of accumulated individual graves. This study describes about the development of a GIS-based grave management system for making administrative management for individual cemeteries the prime object. As a result of application to a pilot area, the system developed in this study was able to be applied for supporting the time-limited burial system and managing cemeteries for those who left no relatives behind by constructing the database with grave-related position/attribute information which are collected by administrative system or direct survey. In addition, it is expected that this system will be utilized as a systematic management method that can be handed down the present or the future descendants under the tradition of the family-oriented funeral culture.

Similitude Law on Material Non-linearity for Seismic Performance Evaluation of RC Columns (RC기둥의 내진성능평가를 위한 재료비선형 상사법칙)

  • Lee, Do-Keun;Cho, Jae-Yeol
    • Journal of the Korea Concrete Institute
    • /
    • v.22 no.3
    • /
    • pp.409-417
    • /
    • 2010
  • This paper discusses a series of experiments including material improvement in order to ensure quality of grouting for the post-tensioned structure. In prestressed concrete, grouting refers to the construction procedure of filling empty space of duct enclosing with strands using cementitious material, To date, adequate quality control of the grouting has not been established in Korea because the relationship between the grouting and durability of post-tensioned structure is not well-recognized. The Korean standard does not consider the important material characteristic, wick effect, which is caused by strands in the ducts and current standard testing method unlikely quantify reasonable material segregation. As a result, the grout material, which meets the current material standards, may exhibit excessive bleeding water or shrinkage during construction. In this study, international codes and standards related to grouting were surveyed. The ratio of constituents and novel admixtures were suggested to meet equivalently with these standards. Performance of this enhanced grout was compared to common domestic grout using the international standard testing method. A series of mock-up specimens considering geometry of PC beam was constructed and grout flow pattern was observed as the grout was injected. It was observed that the grouting performance was highly influenced by material properties and filling characteristic can be varied depending on geometry of ducts.

Speed Control for BLDC Motors Using a Two-Degree-of-Freedom Optimal Control Technique (2자유도 적분형 최적제어법을 이용한 BLDC 모터의 속도제어)

  • 권혁진;정석권
    • Journal of the Korean Society of Fisheries and Ocean Technology
    • /
    • v.36 no.3
    • /
    • pp.257-265
    • /
    • 2000
  • Brushless DC(BLDC) motors are widely used as AC servo motors in factory automation fields because of their quick instantaneous mobility, good energy saving efficiency and easiness of design for control system comparing with induction motors. Recently, a Two-Degree-of-Freedom(2DOF) PI control law has been adopted to some application parts to accomplish an advanced speed control of BLDC motors. The method can treat the two conflicting performances, minimum tracking errors versus reference inputs without large overshoot and rejection of some disturbances including modeling errors, independently. However, the method can not design the optimal system which is able to minimize tracking errors and energy consumption simultaneously. In this paper, a 2DOF integral type optimal servo control method is investigated to promote the speed control performances of BLDC motors considering energy consumption. In order to applicate the method to the speed servo system of the BLDC motor, the motor is modeled in the state space using the vector control and decoupling technique. To verify the validity of the suggested method, some simulations and experiments are performed.

  • PDF

A Study of U.S. Coast Guard(USCG) (미 해안경비대(U. S. Coast Guard)의 고찰을 통한 한국 해양경찰의 제도적 개선방안)

  • Lee, Jae-Seung;Lee, Wan-Hee;Moon, Jun-Seop
    • Korean Security Journal
    • /
    • no.36
    • /
    • pp.443-467
    • /
    • 2013
  • The purpose of this study is to introduce United States Coast Guard (USCG) in order to suggest a direction to advance the system of Korea Coast Guard. After the effect of United Nations on the Law of the Sea in 1994, the world is facing with new era of maritime age with emergence of new maritime border 'Exclusive Economic Zone(EEZ)'. Along with new maritime era, Korea also has been facing with the conflicts caused from EEZ. Also, there is a increasing concern about maritime safety and security since people looking for maritime tourism and leisure sports are dramatically increasing in Korea. Moreover, national security matters are a big issue in Korea due to the several incidents occurred in the sea such as the attack on Yeon-Pyung Island and the sinking of Cheonan naval vessel. Arising concern on these issues in maritime space requires Korea Coast Guard to handle these effectively. However, the systematical and structural limitation of Korea Coast Guard limits the effective management of recent issues. The United States Coast Guard which is considered as one of the military force in the United States has continuously reformed and developed its system and structure to better handle the maritime safety and security issues through developing project such as the Integrated Deep Water system. Also, maritime police system and structure in the United States is different with in Korea. This study expects to suggest a way to advance the system and structure of Korea Coast Guard through examination of United States Coast Guard and comparing maritime police system and structure between Korea and the United States in order to properly deal with the maritime safety and security issues arising recently.

  • PDF