• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

• Journal of Advanced Marine Engineering and Technology
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• v.33 no.6
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• pp.843-851
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• 2009

Much work has already been done to control and regulate the worldwide problems caused by climate change, particularly the issues on greenhouse gas (GHG) emissions. Carbon dioxide ($CO_2$), having the highest form of concentration among GHGs composed around 1.0 billion tons of emission, and comprises about 98% of the total emissions from the shipping industry. Korean trade mainly rely on the sea transportation. Korean ship tonnages that was brought about by shipbuilders all over the country, continues to grow annually due to the prevailing demands on goods or material supplies and depicting only a small part of the global maritime activity. Nowadays, new build ships coming from the Korean Shipbuilders are being optimized by hull, structure and appendages design, The operational capability of the propulsion and auxiliary machineries in its maximum capacity to achieve the highest possible efficiencies for energy and onboard power use to mitigate $CO_2$ emissions are continually being done through the help of research and development. In this paper, the energy efficiency design index and anboard power capacity of Korean new build ships have been analyzed with response to data collected by ship types, and its respective fuel consumption in relation to $CO_2$ emission results. In response to climate change convention outcome proposals, the best way for the new build ships to become energy efficient is by lowering its operational speed thru adopting the state of the art diesel propulsion engines, patronizing the best sailing practice to lower the transportation cost on the different sea trade routes also helps in $CO_2$ mitigation.

• Proceedings of the KSR Conference
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• 2010.06a
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• pp.371-379
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• 2010

Since Kyoto Protocol to the United Nations Framework Convention on Climate Change in 2005 takes effect, the transportation policies of most countries move toward encouraging the use of the transit mode with energy efficient and low carbon. Korea is 8th country of producing Co2 emissions and will be one of obligation countries decreasing Co2 after year 2013. In order to improve the efficiency of national transport system investment, this study developed the strategies toward rail-oriented transport system by considering operational speed and accessability, rail-oriented development, and introduce of ubiquitous technique in railway. The four major strategies targeted for future year are introduced here such as One-hour rail(connecting major cities within one hour), Seamless 30(accessing major railway stations within 30 minutes, Rail urbanism (railway-based urban planning), and U-rail (railway service with ubiquitous technique). Each strategy includes several action plans and their priorities are investigated using AHP(Analytic Hierarchy Process) to organize them by time scheme as short, mid, and long term perspective.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2009.06a
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• pp.194-195
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• 2009

According to the issue "global warming", many regulations and agreements with countries in the world are becoming set and it is being fulfill now. Under the progress of Post Kyoto Protocol agreement, It will be sure that Korea rave a duty to reduce $CO_2$ emission from 2013. For them, Korea have to make a strategies about the Climatic Change Convention for all industries. Recently, a great attention about $CO_2$ emission in the world is focused on port, shipping line and airline. Most countries are establishing policies to prevent environment from these industry fields, but Korea has not yet made for them. Thus, Korea need to collect $CO_2$ emission data not only the routes of container from port but also activities in the port. In this paper, an estimation of $CO_2$ emission under the route of container transportation at Korea by using O/D analysis will be addressed. And then, it will be used to make a optimal routes of container transportation which can reduce $CO_2$ emission in future.

• Journal of the Korean Institute of Navigation
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• v.22 no.1
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• pp.63-77
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• 1998

It is one of the most important factors Seafarers Ducation Quality Assurance and Management in Higher Maritime Educational Institution. The educational process and result of Higher Maritime Educational Institution should be evaluated according to the 1995 Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers(STCW), 1978. Actually above-mentioned evaluation is deemed to make foundation in order to enhance the efficiency of shipboard education by surveying the satisfaction of shipboard training for nautical part cadets by the group. In this paper, we carried out the questionnaire survey to study satisfactory value and the reason of dissatisfaction of 113 cadets being trained on board the Training Ship in Maritime College of Korea Maritime University(K. M. U.). The results were calculated by frequency and percentage ; the significance of difference among Department groups like Maritime Transportation Science, Maritime Police and Ship Operating Systems Engineering was analysed by $X^2$ inspection. The major results of above analysis were as follows : First training chance for dadets was very little for being overflowed on board the training ship of the K. M. U. Second, special type of Training Ship HANBADA and HANNARA made the adaptability to merchant vessel's handling restricted. Third, cadets could not manage ratings directly, therefore the education in regard to seafaring management was limited to the theoretical instruction which leads to the low level of satisfaction. And lastly, low value of satisfaction for Drydocking Education in Shipyard was caused by cadet's leaving the Training Ship on account of the safety problems including ship and cadets.

• Proceedings of the KSR Conference
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• 2007.05a
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• pp.1244-1249
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• 2007

Pursuing sustainable development throughout society and industry and the field of environmental policy, each international organization or nation has performed international standardization projects on environmental management activities for their system as well as environmental assessment for a product such as life cycle assessment (LCA) and life cycle inventory database (LCI DB), and the environmental aspects have been increasingly demanded as crucial evaluation specifications. Moreover, the conventional environmental policy, which represents the direct-control, has been more dependent on the market forces and product itself after the Climate Change Convention., and the Integrated Product Policy (IPP, EU) is applied vigorously to strengthen global competitiveness of a product and to achieve the effect of environmental improvement for it. According to change of the international railway market, the value of Eco-Design has been increasingly important in developed countries including EU. Thus, each country is establishing its own guidelines, software and database for each product, and developing new policies through Eco-Design with practical results in marketing. To react this and develop Korean railway as an environment-friendly industry with priority to other transportation system as well as maintain high place in technology, the direction of RACE software development of main function is introduced, which is exclusively used for EMU to assess both environmental and economic aspects with LCA and eco-efficiency (EE).

• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.4
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• pp.389-397
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• 2018

Modern countries have almost ratified the UN Convention on the rights of persons with disabilities and are creating environments to prevent discrimination against these individuals. In 1996, the International Maritime Organization presented a recommendation for the design and operation of passenger ships to respond to elderly and disabled persons' needs. In Korea, an act on the promotion of transportation convenience for mobility disadvantaged persons has been implemented, and facilities for the disabled have been rapidly installed in ships, vehicles, aircraft, railways and passenger terminals. However, the maritime transport environment is less concerned about disabled persons than safety. In this study, basic research was conducted to improve the maritime transport environment for disabled people in Korea through a field survey and literature survey. As a result, it was found that relevant laws and regulations have not been properly applied to excursion ships and ferries as well as small-scale ports, which are responsible for a large part of coastal passenger transportation. In addition to low installation rates of facilities for the transportation of persons with disabilities in ships and terminals, loose equipment was also considered. Therefore, it is necessary to protect the human rights of persons with disabilities, which are universal values of humanity, by complementing laws and introducing improved facilities.

• Journal of the Korean Society for Marine Environment & Energy
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• v.19 no.1
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• pp.1-6
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• 2016

Ballast water in ship operation is essential for a safe voyage. However ballast water can contain unwanted organisms that are the cause of disturbing the ecosystem by the transfer of potential invasive species. To prevent the destruction of the environment, the International Convention for the Control and Management of Ship's Ballast Water and Sediments(BWM Convention) was adopted in 2004. BWMS (Ballast Water Management System) has been developed to prevent the transportation of organisms to another region in order to fulfill the requirements IMO (International Maritime Organization) regulations. Nowadays there are about 50 approved Ballast Water Management Systems of various types globally. The most common BWMS types are UV (Ultra Violet), Electrolysis and Ozone. Among these types there are many difficulties in determining the optimum type of BWMS which can be suitable for the user and designer's requirements. The main objective of this research is to select the best BWMS type by using AHP. To apply AHP, the most important criteria for the BWMS development are derived by users and designers. From our results, we can give a guide BWMS type to the developers of BWMS.

• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.3
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• pp.269-277
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• 2019

Since 2020, according to the International Convention for the Prevention of Pollution from Ships (MARPOL) amended in 2016, each Administration shall transfer the annual fuel consumption of its registered ships of 5,000 gross tonnage and above to the International Maritime Organization (IMO) after verifying them. The Administration needs stacks of materials, which must not be manipulated by ship companies, including the Engine log book and also bears an administrative burden to verify them by May every year. This study considers using the Automatic Identification System (AIS), mandatory navigational equipment, as an objective and efficient tool among several verification methods. Calculating fuel consumption using a ship's speed in AIS information based on the theory of a relationship between ship speed and fuel consumption was reported in several examples of relevant literature. After pre-filtering by excluding AIS records which had speed errors from the raw data of five domestic cargo vessels, fuel consumptions calculated using Excel software were compared to actual bunker consumptions presented by ship companies. The former consumptions ranged from 96 to 123 percent of the actual bunker consumptions. The difference between two consumptions could be narrowed to within 20 percent if the fuel consumptions for boilers were deducted from the actual bunker consumption. Although further study should be carried out for more accurate calculation methods depending on the burning efficiency of the engine, the propulsion efficiency of the ship, displacement and sea conditions, this method of calculating annual fuel consumption according to the difference between two consumptions is considered to be one of the most useful tools to verify bunker consumption.