• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.3-39
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• 2011

People may operate unmanned aerial vehicles (UAVs or drones) thousands of miles from the drone's location. Drones were first used (like balloons) for surveillance. By 2001, the United States began arming drones with missiles and using them to strike targets during combat in Afghanistan. By mid-2010, over forty states and other entities possessed drones, many with the capability of launching missiles and dropping bombs. Each new development in military weapons technology invites assessment of the relevant international law. This Insight surveys the international law applicable to the recent innovation of weaponizing drones. In determining what international law rules govern drone use, the most salient feature is not the fact that drones are unmanned. The fact drones carry no human operator may be the most important new technological breakthrough, but the key feature for international law purposes is the type of weaponry drones carry. Whether law enforcement rules govern drone use depends on the situation and not necessarily who is operating the drone. Battlefield weapons may also be lawfully used before an armed conflict in the following situations: when initiating self-defense under Article 51 of the United Nations Charter; when authorized by the UN Security Council; when a government seeks to suppress internal armed conflict; and, perhaps, when a state is invited to assist a government in suppressing internal armed conflict. The rules governing resort to force in self-defense are found in Article 51 of the UN Charter and a number of decisions by international courts and tribunals. Commentators continue to debate whether drone technology represents the next revolution in military affairs. Regardless of the answer to that question, drones have not created a revolution in legal affairs. The current rules governing battlefield launch vehicles are adequate for regulating resort to drones. More research must be undertaken, however, to understand the psychological effects of deploying unmanned vehicles and the effects on drone operators of sustained, close visual contact with the aftermath of drone attacks.

• 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.21 no.2
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• pp.157-179
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• 2006

According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. So Republic of Korea Government enact the Law, Aviation Safety and Security. The Purpose of this Act is to prevent any unlawful act in airport facilities with international conventions, including the ICAO to provide for standards, procedures and mandatory matters needed to ensure the safety and security of civil aviation. But the Act has some error. So is this paper to review the revision of aviation security regulation and the changes of aviation security responsibilities and task assignment. There is the term "aviation security personnel", who are charged with the task of preventing any act of disrupting the order and safety in airport. But there is no term "security screening personnel" who performs to detect or search for dangerous object, such as weapons or explosives, which may be used for the unlawful obstruction.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.203-234
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• 2019

The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.44 no.4
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• pp.519-529
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• 2024

Vehicle toll discounts on private roads are categorized into two types: non-sunset and sunset. Sunset types refer to provisions in which all or part of a law loses its effect upon a specific legislator-set deadline. Vehicles eligible for 'sunset' discounts include cargo vehicles operating late at night and eco-friendly vehicles powered by electricity or hydrogen. Korean government has subsidized all reduced toll fees for vehicles classified as non-sunset types on private roads to operators, but no subsidies have been provided for toll reductions on sunset vehicles. The rapid increase in electric hydrogen vehicles escalates the burden of reduced toll revenue on private road operators. This study analyzed traffic volume and toll reduction data from eight private road operators nationwide as of the end of 2023 to propose the necessity and method of supporting sunset-type toll reduction subsidies. In 2022, the subsidy for non-sunset types amounted to 87.5 billion won, or 18.6 % of total traffic revenue. The toll exemption and reduction ratio under the concession agreement ranged from 4.0 % to 5.65 % of total traffic volume for each operator. Although the proportion of vehicles exempted from sunset traffic increased from 0.85 % in 2017 to 2.79 % in 2022, the reduction amount ratio reached 4.2 % (KRW 25.5 billion) of total traffic revenue in 2022. The escalating number of registered eco-friendly vehicles is gradually causing operating profit losses on private roads. In alignment with the government's policy to expand eco-friendly vehicles, it is imperative to consider including vehicles eligible for toll reductions listed under the sunset category for subsidy payments. The study established a minimum ratio for toll reduction assistance at 4.0 %, agreed upon between the road authorities and private operators. Three policy alternatives were proposed to ensure preservation of amounts exceeding this threshold for sustaining adequate toll revenue for private road operators.

• Journal of Radiation Protection and Research
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• v.40 no.3
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• pp.162-167
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• 2015

Although the perfomance indicators of the nuclear power plants in Korea show optimal, it requires detailed analysis and discussion centered on the radiation dose. As analysis methods, analysis on the radiation dose of nuclear power plants over the past five years was assessed by comparing the relevant radiation dose of radiation workers and per capita average annual radiation dose of the world's major nuclear power stations was also analyzed. The radiation workers over the annual radiation dose limit of 50 mSv were not. The contrast ratio of the radiation exposure according to the reactor type was the normal operation of PHWR was 6.2% higher than those of the PWR. This shows the radiation work of PHWR during normal driving operation is much more than those of PWR. According to the Performance Indicators of the World Association of Nuclear Operator, the annual radiation dose per unit in 2013 showed 527 man-mSv of Korea is the best country among the major nuclear power generating states, the world average was 725 man-mSv. The annual per capita radiation dose is about 80% less than 1 mSv of the public dose limit and also the average per capita dose showed a very low level as 0.82 mSv. Workers in related organizations showed 1.07 mSv, the non-destructive inspection agency workers showed 3.87 mSv. The remarkable results were due to radiation reduced program such as development of radiation shielding and radiation protection. In conclusion, the radiation exposured dose of nuclear power plants workers in Korea showed a trend which is ideally reduced. But more are expected to be difficul and the psychological insecurity against the operation of the nuclear power plants is existed to the residents near the nuclear power plants. So the radiation dose reduction policy and radiation dose follow up study of nuclear power plants will be continously excuted.

• Journal of the Korea Knowledge Information Technology Society
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• v.13 no.1
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• pp.11-23
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• 2018

This paper empirically investigates the factors that influence the consumer choice of an app market based on the rational choice theory. The app market is the only channel where a consumer can buy smartphone apps, which give various functional convenience and are considered to be a major contributor to the proliferation of smartphones. Analyses of 281 questionnaires show that usability and structural guarantees as benefit factors significantly influence the app market choice. From the cost perspectives, both monetary and non-monetary conversion costs are found to significantly influence the app market choice. On the other hand, customer trust, information quality, and market image were found to have no significant effect on app market selection. In particular, Korean app market platform providers (KT, LG U +) seem to be superior in terms of structural guarantees, such as customer center operation and damage compensation regulations, compared to overseas app market platform operators (Google). However, in the case of the Google App Market, it is pre-installed on all Android phones, so it is not inconvenient to install additional apps to use other app market. This is disadvantageous to domestic app market platform operators, and it is necessary to establish a policy solution point. In terms of operator costs, both monetary and non-monetary conversion costs have a significant impact on app market choice. In particular, non-monetary conversion costs have a negative impact on Korean app market platform operators. It can be explained that the service expectation level of the domestic app market is low and it is recognized that the time cost factor such as membership is large for new users to use. It seems to be necessary to improve the domestic app market business. Meanwhile, extant research on smartphone apps focuses on the purchase of apps themselves, but not on the selection of the app market itself. In order to fill in this gap, this study focuses on the determinants of app market selection, including the characteristics of an app market and the switching costs.

• Journal of Nutrition and Health
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• v.42 no.8
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• pp.770-783
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• 2009

The school foodservice was quantitatively extended by policy of government all the while. There was carried out the survey of customer satisfaction about school foodservice by the ministry of education, science, and technology since 2006 years. Therefore, the purpose of this study was to grasp an improvement of the scores of school foodservice' quality attributes and satisfaction as compared with the preceding year by respondents and school type (elementary school, middle school, and high school). An annual survey was practiced to respondents (students, parents, and faculty) on september 2007 years and 2008 years in 16 cities and provinces. The statistics was analyzed to descriptive analysis and t-test for SPSS 12.0. The scores of school foodservice' quality attributes and overall customer satisfaction were almost increased to students, parents, and faculty and especially, big elevation in middle school. There was big increased the quality attributes such as 'providing information on foodservice', 'pleasant foodservice environment', 'kindness offered by employee' in elementary school, middle school, and high school to total respondents. An overall satisfaction in school foodservice was improved from 69.2 score to 71.9 score. On students, scores of overall satisfaction was increased from 72.9 to 74.0 as students of elementary school and from 61.5 to 65.8 as students of middle school (p < .001). Therefore, for improvement and development of school foodservice, there should be a necessary for an operator of school foodservice and an office of education to make an effort.