• The Korean Journal of Air & Space Law and Policy
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• v.6
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• pp.137-147
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• 1994

Clearly there are many legal arguments and criticisms surrounding the proposals for change in the Warsaw Convention and the need for a radical review. The question remains is unlimited liability the answer or should there be some other form of supplemental compensation and if so, what limits should be applicable. It does seem that the adopted limits of the Convention are seen by many as the first line of defence, which, dependent on political and cultural differences, the legal interpretation of contractual wording and the legal system globally have resulted in enormous differences in compensation paid whether or not the Convention limits were imposed. An example of this is in the United States, which highlights the significance of the problem in that domestic travellers without Convention Limits can, through the American legal system, obtain compensation in the multi-million dollar area for a death claim, whereas a passenger t1ying internationally would in the first instance be subject to Convention Limits. expensive legal action through litigation. To date, we can advise that insurers have not charged additional premium for unlimited liability coverage. Insurance rates as we have stated are hardening considerably. To date, average rate increases have been plus 56% for aircraft hull and plus 45% for liabilities. Insurers last year suffered global losses of around US $ 1.1 Billion against a premium income of US $ 800,000. The target premium income for 1993 is believed to be in the region of US $1.4 Billion.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.605-630
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• 2000

A letter of credit plays very important roles in rational and smooth international trade. But the parties to letter of credit transactions can bring about many troubles and losses in such transactions because of ignorance and limits of their rights and responsibilities. The purpose of this study is to analyze a legal position of confirming bank and limits of responsibilities of the confirming bank on the UCP and authoritative decisions by ICC. I attempts to analyze a legal position of confirming bank and limits of responsibilities between the confirming bank and the contract parties at the documentary credit transactions on the basis of theoretical, lawful, and international transactions.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.24 no.2
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• pp.103-112
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• 2014

Objectives: The present system of occupational safety and health law gives priority to traditional command and control regulations. However, this may give rise to problems such as the delay of standard-setting and shortages of human resources. The aim of this study is to examine the usability of private standards in occupational safety and health systems. Materials: After the limits of occupational safety and health law were examined, an application plan for private norms (EN, as enforced in the EU) and occupational safety and health management systems (OSHMS) was investigated. Results: The utilization of private norms and OSHMS may address the limits of the current legal system. In particular, OSHMS is known internationally as a measure for achieving improvements in overall occupational safety and health performance. As a result, occupational safety and health law and private norms/OSHMS are complementary to one another. Conclusions: Even though the utilization of private standards may give rise to legal questions, such standards as complementary measures to traditional command and control regulations need to be utilized progressively in occupational safety and health systems.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 1997.04a
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• pp.376-387
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• 1997

One of the main objectives of noise control act is to define and ensure application and respect of noise exposure limits. Most European countries have prepared a legal framework for noise limits either by national laws, ordinances or municipal by-laws. This paper presents the current European standards.

• Journal of Contemporary Eastern Asia
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• v.19 no.2
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• pp.125-147
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• 2020

On the World Refugee Day in 2017, Yao Chen, a Chinese actress, philanthropist, and social media influencer, posted messages in her Weibo in support of the United Nations Refugee Agency (UNHCR). Yet, social media users quickly interpreted this supportive message of the refugee program as encouraging people to "accept and receive refugees" (jieshou nanmin) into China. Particularly, the category of Middle Eastern refugees elicited most criticism in China's cyberspace. As the inclusion of refugees is an integral part of immigrant multiculturalism, this article examines the limits of multicultural imagination of refugees―particularly those from the Middle Eastern and North Africa―in contemporary China. I argue that the limits of multicultural imagination in contemporary China is profoundly shaped by an intricate interweaving of domestic policies and global imaginaries toward refugees. By deploying a mixed methodology, such limits are examined from legal-institutional, ideological, and sociocultural perspectives. More specifically, three interrelated aspects will be highlighted in the article: (1) the global circulation of right-wing populism imaginaries, and their entanglements with the anti-Muslim sentiments in contemporary China; (2) the current insufficiency of the legal-institutional framework regarding refugees and asylum-seekers, which needs to be contextualized in China's modern history of dealing with refugee issues; (3) population politics, the rise of Han-centric nationalism, and their constraining impact on the interpretation of historical events related to cultural diversity. In conclusion, this article also offers potential implications for further examining the different yet potentially intersected genealogies of multicultural imaginaries beyond the Middle Eastern and North African refugees in Asia.

• East Asian Journal of Business Economics (EAJBE)
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• v.10 no.2
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• pp.71-80
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• 2022

Purpose - It is chaotic when doing a business without legal patterns and rules; individuals who make legal decisions without legal consideration are often protecting their interests and forgetting others. This study aims to suggest key solutions how companies can make better decision based on legal considerations through investigation comprehensive literature analysis. Research design, Data, and methodology - This research conducted qualitative textual method and a technique called 'Qualitative Comparative Analysis' (QCA) can be used to understand better why certain things change while others do not. In tough situations, QCA is a strategy for comparing several occurrences. Result - Total six considerations were founded by the QCA for better corporate decision. Based on these considerations, all stakeholders, shareholders, and every employee should nominate and vote on one person to be their leader in the organization; fair practices in choosing the governor of the organization through legal binding will bring peace and order to the company. Conclusion - It was time consuming to go through every detailed material that entails legal consideration in making corporate decision. The concept of same profile in the research is critical whereby many authors are using same concept to write their articles and books. Using pure concept from one source limits the research and gives inadequate information.

• The Korean Journal of Air & Space Law and Policy
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• v.6
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• pp.149-164
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• 1994

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.33 no.3
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• pp.375-383
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• 2023

Objectives: Coal-fired power plants feature diverse working conditions, including multi-layered employment structures and irregular work cycles due to outsourcing and non-standardized tasks. The current uniform occupational environment measurement systems have limitations in accurately assessing and evaluating these varied conditions. This study aims to propose alternative measurement and assessment strategies to supplement existing methods. Methods: Major domestic coal-fired power plants were selected as the study targets. To prepare for the study and establish strategies, work processes were identified and existing occupational environment measurement results were compared and analyzed. The study proceeded by employing three strategies: specific exposure groups (SEGs) measurement, continuous monitoring, and supplementary measurements, which were then compared and discussed. Results: Previous exposure index evaluations (5,268 cases) indicated that crystalline silica, a type of respirable particulate matter, had detection limits below the threshold (non-detectable) in 82.6% (4,349 cases) of instances. Exposures below 10% of the exposure limit were observed at a very low concentration of 96.1%. Similar exposure group measurements yielded results where detection limits were below the threshold in 38.2% of cases, and exposures below 10% of the limit were observed in 70.6%. Continuous monitoring indicated detection limits below the threshold in 12.6% of cases, and exposures below 10% of the limit were observed in 75.6%. Instances requiring active workplace management accounted for more than 30% of cases, with SEGs at 11.8% (four cases), showing a higher proportion compared to 3.0% (four cases) in continuous monitoring. For coal dust, exposures below 10% of the limit were highest in legal measurements at 90.2% (113 cases), followed by 74.0% (91 cases) in continuous monitoring, and 47.0% (16 cases) in SEGs. Instances exceeding 30% were most prevalent in SEGs at 14.7% (five cases), followed by legal measurements at 5.0% (eight cases), and continuous monitoring at 2.4% (three cases). When examining exposure levels through arithmetic means, crystalline silica was found to be 104.7% higher in SEGs at 0.0088 mg/m³ compared to 0.0043 mg/m³ in continuous monitoring. Coal dust measurements were highest in SEGs at 0.1247 mg/m³, followed by 0.1224 mg/m³ in legal measurements, and 0.0935 mg/m³ in continuous monitoring. Conclusions: Strategies involving SEGs measurement and continuous monitoring can enhance measurement reliability in environments with irregular work processes and frequent fluctuations in working conditions, as observed in coal-fired power plants. These strategies reduce the likelihood of omitting or underestimating processes and enhance measurement accuracy. In particular, a significant reduction in detection limits below the threshold for crystalline silica was observed. Supplementary measurements can identify worker exposure characteristics, uncover potential risks in blind spots of management, and provide a complementary method for legal measurements.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.28 no.1
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• pp.80-90
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• 2018

Objectives: This study was performed to propose a domestic occupational exposure limit(OEL) following a health hazard assessment, calculation of a non-carcinogenicity reference concentration worker($RfC_{worker}$) value, and examination of international agencies' exposure limits. It also recommends legal management within the Occupational Safety and Health Act for HCFC-123, which caused an acute hepatotoxicity incident. Methods: An acute hepatotoxicity incident due to the fire extinguishing agent HCFC-123 was investigated. Toxicological hazard and health hazard classifications were examined and a non-carcinogenicity $RfC_{worker}$ value was calculated for HCFC-123. An OEL and the necessity of legal management were recommended as well. Results and Conclusions: An OEL for HCFC-123 of 10 ppm($62.5mg/m^3$), which considered the $RfC_{worker}$ value, 5.56 ppm, produced in dose-response assessment and the exposure level of 19.1-20.9 ppm measured as an eight-hour TWA(time-weighted average) in the incident place, is recommended. HCFC-123 is urged to be included as a chemical requiring legal management in the Occupational Safety and Health Regulations. In addition, it is recommended that a peak exposure of ACGIH be adopted in the Notice of the Ministry of Employment and Labor.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.30 no.2
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• pp.226-235
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• 2020

Objectives: This study was to investigate the signs and notations of skin absorption, carcinogenicity, germ cell mutagenicity, and reproductive toxicity in the occupational exposure limits of Korea and of other advanced countries. Methods: Information on occupational exposure limits in Korea, the USA, the UK, Germany, and Japan was investigated through the Internet, and items marked as carcinogenicity and skin absorption were compared by country. Results: Legal occupational exposure limits have been greatly simplified. However, in the case of HSE WEL, skin absorption, carcinogenicity classification, sensitization, and in the case of DFG MAK, skin absorption, carcinogenicity, pregnancy risk group, germ cell mutagenicity, airway and skin sensitization, photo contact sensitization, and vapor pressure were provided. Conclusions: It is desirable to indicate the carcinogenicity and skin absorption within permissible limits, and to include information on critical effects in chemical substance exposure limits to uphold the right to know of industrial hygienists and workers in Korea. It is also necessary to clarify the precautions, limitations and protections for skin absorption.