• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.65-85
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• 1992

The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, 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", it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor, after the goods have been accepted. According to the original Warsow Convention article 8, the air waybill must contain 17 particulars or items. However, the Hague Protocol reduced to three the number of particulars required to appear on the air waybill. Only one item is obligatory, namely, the notice that the carriage is subject to the rules of the Warsaw Convention. The absence of the air waybill entails unlimited liability of the carrier because it deprives him of the right to avail himself of the provisions of the Warsaw Convention which exclude or limit his liability. The consignor shall be liable for all damages suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the particulars and statements in the air waybill. Although the contract of the carriage of goods by air is not a formal contract, the document of carriage is issued. The issue of air wayhill is not essential for the existence or validity of the contract, but serves merely as a means of proof. The Hague Protocol has lessened the consequences of the carrier's neglect to faithfully accomplish the required formalities. Henceforth, these formalities no longer constitute legal obligations. The air waybill is the consignment note used for the carriage of goods by air. It is often called an air consignment note and is not a document of title or transferable/negotiable instrument. It is basically a receipt for the goods for despatch and is prima facie evidence of the conditions of carriage. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or cosignee of his rights under the contract of carriage. Oveall, it is an usage that under a documentary letter of credit, the consignee on the air waybill is the opening bank of the letter of credit, and the notify party is the importer who applied for the letter of credit. In Korea there is an usage as to process of cargo delivery in air transportation as follows: The carrier carries the cargo into the bonded area of the airport and gives both the notice of arrival of the cargo and the consignee's air waybill to the notify party who is the importer. Then the notify party obtains the Letter of Guarantee from the opening bank in exchange for reimbursing the amount of the letter of credit or tendering the security therefor to the opening bank. The notify party then presents this document to the customs authorities for the process of customs clearance. The opening bank becomes a consignee only to ensure repayment of the funds it has expended, and the only interest of the opening bank as consignee is the reimbursement of the money paid to the exporter under the documentary letter of credit. Just as the bill of lading in maritime law, the air waybill has always been considered negotiable although the Warsaw Convention does not emphasize this aspect of negotiability. However, the Hague Protocol article 4 corrected the situation by stating that "nothing in this Convention prevents the issue of a negotiable air waybill." This provision officially recognizes that the air waybill must meet the needs of the present day business circles by being a negotiable instrument. Meanwhile, Montreal Additional Protocol no. 4 has brought important changes. Registration by computer is acceptable and the parties to the contract of carriage are allowed to replace the air waybill with a receipt for the goods. In conclusion, as the Warsaw Convention has not details of provisions relating to the issuing of the negotiable air waybill, it is hoped that there should be supplement to the Warsaw Convention and establishment of international commercial usage with regard to the negotiable air waybill.

• Journal of Legislation Research
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• no.53
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• Korean Journal of Heritage: History & Science
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• v.52 no.3
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• pp.252-269
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• 2019

Since the inauguration of the Kim Jong-un regime in 2012, the safeguarding and management system of cultural heritage in the Democratic People's Republic of Korea (DPRK) has been changing to a form similar to that of a democratic country's legal system. In addition, the National Authority for the Protection of Cultural Heritage (NAPCH) has continuously recorded and cataloged intangible cultural heritage elements in the DPRK, listing Arirang, kimchi-making, and ssireum on the UNESCO Intangible Cultural Heritage Representative List. In particular, the multinational nomination of ssireum in October 2018 is symbolic in terms of inter-Korean exchanges and cooperation for peace and reconciliation, raising expectations for the further multinational nomination of the two Koreas' intangible cultural heritage. Currently, South Korea lists 20 items on its Representative List of the Intangible Cultural Heritage of Humanity, three of which are shared by various countries with multinational nominations such as falconry, tug-of-war, and ssireum. However, when comparing the process of applying for multinational nomination in the three elements that follow, it is necessary to discuss whether these cases reflect the nature of multinational nomination. In particular, in the case of ssireum, without a working-level consultation between the two Koreas to prepare an application for a multinational nomination, each applied for a single registration; these applications were approved exceptionally as a multinational nomination by the Intergovernmental Committee under the leadership of the Secretary-General of UNESCO, and no bilateral exchanges have taken place until now. This is symbolic, formal, and substantially similar to the individual listings in terms of the spirit of co-listing on the premise of mutual exchange and cooperation. Therefore, the only way to strengthen the effectiveness of the multinational nomination between the two Koreas and to guarantee the spirit of multinational nomination is to request multilateral co-registration, including the two Koreas. For this, the Korean government needs a strategic approach, such as finding elements for multilateral co-listing; accumulating expertise, capabilities, and experience as a leading country in multilateral co-listing; and building cooperative governance with stakeholders. Besides, to reduce the volatility of inter-Korean cultural exchanges and cooperation depending on political situations and the special nature of inter-Korean relations, measures should be taken toward achieving inter-Korean cultural heritage exchanges and cooperation under a multilateral cooperation system using UNESCO, an international organization.

• Journal of the Korean Society of International Agriculture
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• v.31 no.1
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• pp.8-16
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• 2019

Alternatives for increasing the competitiveness of locally manufactured agricultural machinery in domestic and foreign markets has been proposed. This was done by analyzing the major agricultural machinery's price and market share as well as their performance and quality. In the Korean domestic market, the market share of Japanese agricultural machinery has been identified to be 14.5% for tractors, 31.1% for combine harvesters, and 35.8% for rice transplanters, and on track for further increase. Japanese manufacturers' domestic patent shares are 58.5% for tractors, 79.9% for combine harvesters, and 69.8% for rice transplanters, showing the dire need for Korean domestic firms to expand their technological rights. To strengthen the industrial competitiveness of agricultural machinery, therefore, researches that develop the fundamental and elemental technology to reduce the frequency of breakdown should be needed in the short term. To achieve this, it is imperative to establish technology roadmap, promote greater cooperation between academia and industry, and systematically increase research funding. In addition, as a long-term solution for enhancing the competitiveness, an establishment of Agricultural Equipment Technology Institute is strongly recommended to systematically support R&D for developing core technologies, particularly high-quality components that guarantee durability and quality.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.189-217
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• 2017

Declaration of Air Defense and Identification Zones started with the United States in 1950, which was followed by declaration of KADIZ by the Republic of Korea in 1951. Initial ADIZ were solely linked with air defense missions, but their roles have changed as nations around the globe manifested a tendency to expand their influence over maritime resources and rights. In particular, China declared ADIZ over the East China Sea in October 2013 and forced all passing aircraft to submit flight plan to ATC or military authority, saying failure of submission will be followed by armed engagement. China announced it would declare another zone over the South China Sea despite the ongoing conflict in the area, clearly showing ADIZ's direct connection with territorial claim and EEZ and that it serves as a zone within which a nation can execute its rights. The expanded KADIZ, which was expanded in Dec 15, 2013 in response to Chinese actions, overlaps with the Chinese ADIZ over the East China Sea and the Japanese ADIZ. The overlapping zone is an airspace over waters where not only the Republic of Korea but also of China and Japan argue to be covering their continental shelf and EEZ. Military conventions were signed to prevent contingencies among the neighboring nations while conducting identifications in KADIZ, including the overlapping zone. If such military conventions and practice of air defense identification continue to be respected among states, it is under the process of turning into a regional customary law, although ADIZ is not yet recognized by international law or customary law. Moreover, identification within ADIZ is carried out by military authorities of states, and misguided customary procedures may cause serious negative consequences for national security since it may negatively impact neighboring countries in marking the maritime border, which calls for formulation of operation rules that account for other state activities and military talks among regional stake holders. Legal frameworks need to be in place to guarantee freedom of flights over international seas which UN Maritime Law protects, and laws regarding military aircraft operation need to be supplemented to not make it a requirement to submit flight plan if the aircraft does not invade sovereign airspace. Organizational instructions that require approval of Chairman of Joint Chiefs of Staff for entrance and exit of ADIZ for military aircraft need to be amended to change the authority to Minister of National Defense or be promoted to a law to be applicable for commercial aircraft. Moreover, in regards to operation and management of ADIZ, transfer of authority should be prohibited to account for its evolution into a regional customary law in South East Asia. In particular, since ADIZ is set over EEZ, military conventions that yield authority related to national security should never be condoned. Among Korea, China, Japan and Russia, there are military conventions that discuss operation and management of ADIZ in place or under negotiation, meaning that ADIZ is becoming a regional customary law in North East Asia region.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.101-127
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• 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.

• Journal of the Economic Geographical Society of Korea
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• v.22 no.4
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• pp.438-457
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• 2019

The main purpose of this paper is to identify the entry types and locational determinants of North Korean workers in cross-border regions between North Korea and China. More specifically, the paper has attempted to divide the entry type of them in the regions into two; 1) entry via transactions between Chinese traders with North Korea and North Korea trade companies, and 2) entry via transactions between Korean-Chinese middlemen and North Korean trade companies. Also, it has analyzed main factors of their locational determinants in the spatial contexts of the regions. There have been changes in two perspectives in terms of the entry paths and types of them in accordance with the transformation of characteristics of United Nations sanction against North Korea from 'call-upon' to 'decide' after UN Security Council Resolution 2094 in 2013. Firstly, main agents who have dealing with North Korean trade companies which have right to dispatch North Korean workers have been changed from Chinese traders into Korean-Chinese brokers who are specialized in the introduction of North Korean workers with one-stop service from visa administrative to labor managements. Secondly, there has been a transfer of North Korean workers in the regions from formal to informal workers who has been admitted into China with a short stay or a tourist visa, and then remained illegally to be employed in China. Therefore, as demands on service which is able to guarantee the security of North Korean informal workers and their managements have increased, Korean-Chinese brokers have been stimulated in the regions after the operation of real international sanctions against overseas North Korean workers. In addition, the main factors of their locational determinants in cross-border regions between North Korea and China are could be analyzed in three perspectives; 1) an increase in real wages in accordance with the reform of the Chinese social insurance system after 2011, 2) the structural vulnerability of labor markets in the regions, 3) the utilization of stable and manageable workers.

• Journal of Korean Society of Forest Science
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• v.100 no.4
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• pp.630-638
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• 2011

This study aims to verify the economic validity of the REDD project in North Korea by estimating the potential carbon credits and the cost of REDD project. The REDD potential credits of North Korea are estimated based on the international statistics of forest area and population from 1990 to 2010, and the cost of REDD project is estimated indirectly by annual land opportunity cost of agriculture assuming that South Korea will aid the food production per area in North Korea. When the 25% reduction scenario was applied to the annual deforestation rate in North Korea, the potential REDD credits were estimated to be $4,232million{\sim}5,290milliontCO_2eq.$ for 20 years. It would account for 28~35% of South Korea's national medium-term greenhouse gas reduction target. On the other hand, the break-even price of REDD project was calculated as the profit of agriculture in the land available by forest conversion in North Korea. It was estimated to be 19.19$/$tCO_2eq.$ when the non-permanence risk of forest conserved through a REDD contract is assumed to be 20%. This price is higher than the price of REDD carbon credit 5$/$tCO_2eq.$ dealt in the 2010 voluntary carbon market, leading to no economic feasibility. However, REDD project provides co-benefits besides climate mitigation. As previous studies indicate, the break-even price is lower than 20$/$tCO_2eq.$, which is the social marginal cost of greenhouse gas emissions by loss of forest. Therefore REDD in North Korea can be justified against the social benefits. The economic feasibility of REDD project in North Korea can be largely influenced by the risk percentage. Thus, North Korean REDD project needs a strong guarantee and involvement by the government and people of North Korea to assure the project's economic feasibility.

• Journal of Legislation Research
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• no.55
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• pp.57-94
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• 2018

Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

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