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

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.3-26
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• 2010

The European Union(EU) has recently introduced its Directive 2008/101/EC to include aviation in the EU ETS(emissions trading system). As an amendment to Directive 2003/87/EC that regulates reduction of the green house gas(GHG) emissions in Europe in preparation for the Kyoto Protocol, 1997, it obliges both EU and non-EU airline operators to reduce the emission of the carbon dioxide(CO2) significantly in the year 2012 and thereafter from the level they made in 2004 to 2006. Emission allowances allowed free of charge for each airline operator is 97% in the first year 2012 and 95% from 2013 and thereafter from the average annual emissions during historical years 2004 to 2006. Taking into account the rapid growth of air traffic, i.e. 5% in recent years, airlines operating to EU have to reduce their emissions by about 30% in order to meet the requirements of the EU Directive, if not buy the emissions right in the emissions trading market. However, buying quantity is limited to 15% in the year 2012 subject to possible increase from the year 2013. Apart from the hard burden of the airline operators, in particular of those from non-European countries, which is not concern of this paper, the EU Directive has certain legal problems. First, while the Kyoto Protocol of universal application is binding on the Annex I countries of the Climate Change Convention, i.e. developed countries including all Member States of the European Union to reduce GHG at least by 5% in the implementation period from 2008 to 2012 over the 1990 level, non-Annex I countries which are not bound by the Kyoto Protocol see their airlines subjected to aircraft emissions reductions scheme of EU when operating to EU. This is against the provisions of the Kyoto Protocol dealing with the emissions of GHG including CO2, target of the EU Directive. While the Kyoto Protocol mandates ICAO to set up a worldwide scheme for aircraft emissions to contribute to stabilizing GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the EU ETS was drawn up outside the framework of the international Civil Aviation Organization(ICAO). Second, EU Directive 2008/101 defines 'aviation activities' as covering 'flights which depart from or arrive in the territory of a Member State to which the [EU] Treaty applies'. While the EU airlines are certainly subject to the EU regulations, obliging non-EU airlines to reduce their emissions even if the emissions are produced during the flight over the high seas and the airspace of the third countries is problematic. The point is whether the EU Directive can be legally applied to extra-territorial behavior of non-EU entities. Third, the EU Directive prescribes 2012 as the first year for implementation. However, the year 2012 is the last year of implementation of the Kyoto Protocol for Annex I countries including members of EU to reduce GHG including the emissions of CO2 coming out from domestic airlines operation. Consequently, EU airlines were already on the reduction scheme of CO2 emissions as long as their domestic operations are concerned from 2008 until the year 2012. But with the implementation of Directive 2008/101 from 2012 for all the airlines, regardless of the status of the country Annex I or not where they are registered, the EU airlines are no longer at the disadvantage compared with the airlines of non-Annex I countries. This unexpected premium for the EU airlines may result in a derogation of the Kyoto Protocol at least for the year 2012. Lastly, as a conclusion, the author shed light briefly on how the Korean aviation authorities are dealing with the EU restrictive measures.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.137-172
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• 2008

The earliest safety data programs, the FDR and CVR, were electronic reporting systems that generate data "automatically." The FDR program, originally instituted in 1958, had no publicly available restrictions for protections against sanctions by the FAA or an airline, although there are agreements and union contracts forbidding the use of FDR data for FAA enforcement actions. This FDR program still has the least formalized protections. With the advent of the CVR program in 1966, the precursor to the current FAR 91.25 was already in place, having been promulgated in 1964. It stated that the FAA would not use CVR data for enforcement actions. In 1982, Congress began restricting the disclosure of the CVR tape and transcripts. Congress added further clarification of the availability of discovery in civil litigation in 1994. Thus, the CVR data have more definitive protections in place than do FDR data. The ASRS was the first non-automatic reporting system; and built into its original design in 1975 was a promise of limited protection from enforcement sanctions. That promise was further codified in an FAR in 1979. As with the CVR, from its inception, the ASRS had some protections built in for the person who might have had a safety problem. However, the program did not (and to this day does not) explicitly deal with issues of use by airlines, litigants, or the public media, although it appears that airlines will either take a non-punitive stance if an ASRS report is filed, or the airline may ignore the fact that it has been filed at all. The FAA worked with several U.S. airlines in the early 1990s on developing ASAP programs, and the FAA issued an Advisory Circular about the program in 1997. From its inception, the ASAP program contained some FAA enforcement protections and company discipline protections, although some protection against litigation disclosure and public disclosure was not added until 2003, when FAA Order 8000.82 was promulgated, placing the program under the protections of FAR 193, which had been added in 2001. The FOQA program, when it was first instituted through a demonstration program in 1995, did not contain protections against sanctions. Now, however, the FAA cannot take enforcement action based on FOQA safety data, and an airline is limited to "corrective action" under the program. Union contracts can exclude FOQA from the realm of disciplinary action, although airline practice may be for airlines to require retraining if there is no contract in place forbidding it. The data is protected against disclosure for litigation and public media purposes by FAA Order 8000.81, issued in 2003, which placed FOQA under the protections of FAR 193. The figure on the next page shows when each program began, and when each statute, regulation, or order became effective for that program.

• Journal of the Korea Society of Computer and Information
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• v.18 no.2
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• pp.149-156
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• 2013

In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. Moreover, in the mean time the campaign and which in the course of the election campaign through the SNS, the infinite potential of the growing point than any point spread from the SNS and freedom of election campaign through public election law with regard to the limitation of the diffusion of false facts, awards, a number of problems are likely to occur. You've been in this business and disseminate false guilt disparage precandidacy for true-false, as well. He should be able to reach a specific goal you want to defeat through the dissemination of information which is specified as a crime for this strictly for the fact that disseminate false, rather than to interpret it is the judgment of the Court in that judgment against have been made. Therefore, this strict interpretation of the law and the need to revise or delete before I would like to discuss about. The legislation would repeal the cull of Ron sang first of all point out the issue through analytics. First, the purpose of the data protection Act provides limited interpretation to fit in this world of sin. Secondly, this sin is committed for the purpose of prevention, since the purpose of the objective in this case of sin and the need to interpret strictly. Why I am the Internet space in the case of so-called tweets from followers, this means in some cases done without a lot of the stars because of this, there will be a limit to the punishment of sin, this is obvious. And, in the long-awaited Constitutional Court ensures the freedom of election campaign through SNS and free election in the country, even in the limited sense interpretation opens the chapter of communication is needed. This ensured the freedom of expression will be highly this is a mature civil society that will be imperative.

• Korean Journal of Agricultural Science
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• v.26 no.2
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• pp.77-93
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• 1999

This study is aiming at identifying the foreward and backward lingkage effects of the farm land base development project. Korean Government has continuously carried out farmland base development projets including the integrated agricultural development projects. large and medium scale irrigation projects and the comprehensive development of the four big river basin including tidal land reclamation and estuary dam construction for the all weather farming since 1962. the starting year of the five year economic development plans. Consequently the irrigation rate of paddy fields in Korea reached to 75% in 1998 and to escalate the irrigation rate, the Government had procured heavy investment fund from IBRD. IMF and OECF etc. To cope with the agricultural problems like trade liberalization in accordance with WTO policy, the government has tried to solve such problems as new farmland base development policy, preservation of the farmland and expansion of farmland to meet self-sufficiency of foods in the future. Especially, farmland base development projects have been challanged to environmental and ecological problems in evaluating economic benefits and costs where the value of non-market goods have not been included in those. Up to data, in evaluating benefits and costs of the projects, farmland base development projects have been confined to direct incremental value of farm products and it's related costs. Therefore the projects'efficiency as a decision making criteria has shown the low level of economic efficiencies. In estimating economic efficiencies including Leontiefs input-output analysis of the projects could not be founded in Korea at present. Accordingly this study is aimed at achieving and identifying the following objectives. (1) To identify the problems related to the financial supports of the Government in implementing the proposed projects. (2) To estimated backward and foreward linkage effects of the proposed project from the view point of national economy as a whole. To achieve the objectives, Hwangrak benefited area with reservoir which is located in Seosan-haemi Disticts, Chungnam Province were selected as a case study. The main results of the study are summarized as follows : a. The present value of investment and O & M cost were amounted to 3,510million won and the present value of the value added in related industries was estimated at 5.913million won for the period of economic life of 70 years. b. The total discounted value of farm products in the concerned industries derived by the project was estimated at 10,495million won and the foreward and backward linkage effects of the project were amounted to 6,760 and 5,126million won respectively. c. The total number of employment opportunities derived from the related industries for the period of project life were 3,136 man/year. d. Farmland base development projects were showed that the backward linkage effects estimated by index of the sensitivity dispersion were larger than the forward linkage effect estimated by index of the power of dispersion. On the other hand, the forward linkage effect of rice production value during project life was larger than the backward linkage effect e. The rate of creation of new job opportunity by means of implementing civil engineering works were shown high in itself rather than any other fields. and the linkage effects of production of the project investment were mainly derived from the metal and non-metal fields. f. According to the industrial linkage effect analysis, farmland base development projects were identified economically feasible from the view point of national economy as a whole even though the economic efficiencies of the project was outstandingly decreased owing to delaying construction period and increasing project costs.

• Korean Journal of Agricultural Science
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• v.35 no.2
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• pp.225-235
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• 2008

The objective of this study is to evaluate the hydrological feasibility of heightening the Dae-ah reservoir in order to save instream flow at the Bong-dong station situated in the Mankyoung river. The results are summarized as follows. Firstly, from the Dong-sang and Dae-ah cascaded reservoir's water balance analysis, water supply indexes of the Dae-ah reservoir were analyzed to have the rate of water supply divided by watershed area of 1207.4 mm, the rate of water supply divided by rainfall of 95.8%, the rate of water supply divided by inflow of 153.1%, the rate of water supply divided by storage capacity of 236.1%, and the rate of inflow divided by storage capacity of 200.6%. Secondly, from the Dae-ah and Kyoung-cheon paralleled reservoir's water balance analysis, flow durations at the Bong-dong station were analyzed to have the Q95 (the 95th high flow) of $28.95m^3/s$, the Q185 (the 185th high flow) of $2.00m^3/s$, the Q275 (the 275th high flow) of $2.00m^3/s$, and the Q355 (the 355th high flow) of $0.82m^3/s$. Thirdly, in case of heightening the full water level of the Dae-ah reservoir of 10m, from the Dong-sang and Dae-ah cascaded reservoir's water balance analysis, water supply indexes of the Dae-ah reservoir were analyzed to have the rate of water supply divided by watershed area of 1220.7 mm, the rate of water supply divided by rainfall of 96.8%, the rate of water supply divided by inflow of 154.6%, the rate of water supply divided by storage capacity of 160.0%, and the rate of inflow divided by storage capacity of 137.0%. Fourthly, in case of heightening the full water level of the Dae-ah reservoir of 10m, from the Dae-ah and Kyoung-cheon paralleled reservoir's water balance analysis, flow durations at the Bong-dong station were analyzed to have the Q95 of $28.09m^3/s$, the Q185 of $1.79m^3/s$, the Q275 of $1.79m^3/s$, and the Q355 of $0.82m^3/s$. The conclusion appeared not to have the hydrological feasibility of heightening the Dae-ah reservoir from the reason that increased storage capacity does not increase water supply amount any more because of the high rate of the water supply divided by inflow.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.33-66
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• 2017

The Korean government enacted the Chapter 6 as of Air Transportation to the Korean Commercial Act, which was enforced in 2011, in order to treat some arguments occurred from air transportation Contracts since air transportations has rapidly increased in Korea. Air transportations has been used more in the field of international market than in the field of domestic market under it's own characteristic. Therefore, many international agreements and protocols related to the air transportations has been appeared from old times and the 1999 Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal Convention") is one of them. The Montreal Convention was adopted in May 28, 1999 at International Conference of Air Law hosted by the International Civil Aviation Organization ("ICAO") in Montreal, Canada where the Headquarter of ICAO is located. The Montreal Convention has been effected from September 5, 2003 and the Korean government ratified the convention in 2007. Therefore, the Montreal Convention came in to force in Korea since 2007. This year, 2017, is the 10th anniversary year since the Montreal Convention has taken effect in Korea. However, there are rare cases that argued the Montreal Convention's scope of application and this Article examines the Korean Supreme Court's case that argued the Convention's scope of application. Thus the Article basically analyzes the case from the perspective of the Montreal Convention's scope of application and examines the Montreal Convention's articles related to the air carrier's liability and extent of compensation for damage that occurred from the international carriage by air. Also this Article analyzes the Korean Commercial Act Chapter 6, which regulated the air carrier's liability and the Article tries to make a comparison between the Montreal Convention and the Korean Commercial Act in order to draw some scheme for the betterment of Korean Commercial Act. It is the hope that the Article contribute to the improvement of Korean Commercial Act through the comparison with the chance of the 10th Anniversary of the Montreal Convention in Korea.

• Geophysics and Geophysical Exploration
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• v.5 no.4
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• pp.280-290
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• 2002

Three-dimensional (3-D) electromagnetic (EM) modeling algorithm has been developed using finite element method (FEM) to acquire more efficient interpretation techniques of EM data. When FEM based on nodal elements is applied to EM problem, spurious solutions, so called 'vector parasite', are occurred due to the discontinuity of normal electric fields and may lead the completely erroneous results. Among the methods curing the spurious problem, this study adopts vector element of which basis function has the amplitude and direction. To reduce computational cost and required core memory, complex bi-conjugate gradient (CBCG) method is applied to solving complex symmetric matrix of FEM and point Jacobi method is used to accelerate convergence rate. To verify the developed 3-D EM modeling algorithm, its electric and magnetic field for a layered-earth model are compared with those of layered-earth solution. As we expected, the vector based FEM developed in this study does not cause ny vector parasite problem, while conventional nodal based FEM causes lots of errors due to the discontinuity of field variables. For testing the applicability to high frequencies 100 MHz is used as an operating frequency for the layer structure. Modeled fields calculated from developed code are also well matched with the layered-earth ones for a model with dielectric anomaly as well as conductive anomaly. In a vertical electric dipole source case, however, the discontinuity of field variables causes the conventional nodal based FEM to include a lot of errors due to the vector parasite. Even for the case, the vector based FEM gave almost the same results as the layered-earth solution. The magnetic fields induced by a dielectric anomaly at high frequencies show unique behaviors different from those by a conductive anomaly. Since our 3-D EM modeling code can reflect the effect from a dielectric anomaly as well as a conductive anomaly, it may be a groundwork not only to apply high frequency EM method to the field survey but also to analyze the fold data obtained by high frequency EM method.

• Journal of Korea Water Resources Association
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• v.42 no.3
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• pp.235-246
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• 2009

This study theoretically reviews the basin storage coefficient and concentration time using the Nash model, a simple unit hydrograph theory. First, the storage coefficient and concentration time of Nash instantaneous unit hydrograph (IUH) are derived based on their definitions, whose characteristics as well as their relationship are also reviewed. Additionally, several empirical equations of storage coefficient and concentration time commonly used in Korea are evaluated by comparing them with those for the Nash IUH. Major results of this study are summarized as follows. (1) The concentration time of Nash IUH is approximately linearly proportional to the number of linear reservoirs, but the storage coefficient non-linearly to the square root. That is, if increasing the number of linear reservoirs by four times, the concentration time becomes also increased by about four times, but the storage coefficient only about two times. This result has a special meaning to understand the effect of basin subdivision on the concentration time and storage coefficient. (2) The storage coefficient and concentration time of Nash IUH are not independent each other, so their independent estimation does not make any physical sense. As the concentration time among the two is more sensitive to the number of linear reservoirs, which should be estimated first, then the storage coefficient considering the concentration time estimated. (3) Empirical equations of concentration time can be divided into two groups, one following the linear channel theory and the other not, whose equation forms are also found to be very similar. This result indicates that the characteristic factors dominating the concentration time are very similar, indicating the possibility of its regionalization over a basin with consistent equation forms. (4) Those for storage coefficient like the Russell formulae are found to consider the physical characteristics of a basin, so their unreasonable applications could sufficiently be excluded.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.34 no.3
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• pp.38-49
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• 2016

This study is based on the assumption that the documentations, and poetry form a basis for undertone of the location and original landscape explored by inference and enjoyment aspects; the significance has been inferred by investigating the original location, relocated location, and the original landscape of Imsil Manchwi Pavilion. The results of the attempted research for locational value, and preservation of the original landscape before and after the relocation of Imsil Manchwi Pavilion is as follows. Firstly, Manchwi, meaning evergreen, was made a pseudonym of KimWi. The name reflects an image two evergreen pine trees facing one another. The poetry form presents the eternal fidelity. In addition, considering the symbolic plant and the meaning of evergreen pine trees specified on the pavilion, the name is derived from the fidelity, longevity of the family, vitality and so on. Secondly, Manchwi Pavilion was founded in the location, known as the snakehead form, that represents the vitality. Snake faces the swallow form over the river, therefore, it connotes the wishes for fidelity and prosperity of the family. Manchwi Pavillion is prostrate pheasant form which is suitable for those who look for a hiding place or place for their study. It is noticeable that the location infers and hand down the efforts on succession for prosperity of the family and the study. Thirdly, it is estimated that Manchwi Pavilion was established between 1572 and 1582; and the relocation was conducted in the late 1880s. Fourthly, although eternal fidelity was presented in Manchwi Pavillion with locational language, the Manchwi Pavillion after its relocation next to KimWi's grave implies the tendency of the changed value: the commemoration of the ancestors, and prosperity of the family. Fifthly, after the relocation of the pavilion, the proportion of the rooms with Korean heating system, so-called'Ondol'has been increased for its best use in all seasons. And its veranda for extension and its verse couplet implies that this connote the original meaning and pursuit of the study. Sixthly, the way that the poetry portrays pine trees, pond, plants, valleys, and streams shows the aspect of enjoyment of the landscapes and the meaning of fidelity, pure mind, free and easy life, self-examination, the frailty of human life. Lastly, despite the difference between tenth poetic language of three Sipyoung and Wonwoon Sipyeong, exploring the landscape based on the analysis on the poetry can be a basis on the maintenance and restoration of the original landscape as the inspiration and the meaning show that Wonwoon Sipyeong maintains the aspect of the author enjoying original landscape.