• Journal of the Korean Society of Hazard Mitigation
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• v.8 no.5
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• pp.137-145
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• 2008

In this study, to reduce the flood damage caused by flood discharge exceeding project flood, the primary technology was applied to determining the optimal location and size for underground sluiceway. The Jungrang Stream was selected for this study because the stream was overflowed and the embankment section of the stream was destroyed owing to localized torrential rainfall in 1998 and 2001. Considering 200-year frequency storm, the inlets of the underground discharge channel were located at Seoul City limits, the confluence of Danghyun Stream, Wolgye 1-gyo, and the confluence of Mukdong Stream. The outlets were located at the estuary of Jungrang Stream and rightbank of Banpo Bridge in Han River. The transverse discharge according to the variation of overflow depth at the inlet of underground discharge channel was estimated and the effect of inundation reduction was analyzed. To examine the appropriate scale of the underground discharge channel, the 8 operation methods for the management of outlet discharge were compared considering four rules (only storage, the constant discharge rate, the constant discharge volume, and the mixture of the constant discharge rate and discharge volume). As a result, the effect of inundation reduction was most significantly improved when the inlet was located at the confluence of Danghyun Stream. The appropriate size of underground sluiceway for 200-year frequency storm was studied, and as a result, the appropriate diameters of the underground discharge channel were 12 m in case of only storage(Rule D), 9m in 50% of discharge(Rule E), 8 m in constant discharge volume(Rule F), and 7 m in mixture method(Rule G). This investigation process can be applied to design the underground discharge channel when the inundation damage is significant in coastal area due to embankment overflow. The underground discharge channel in Jungrang Stream can also be used as an underground road to link Seoul City to Uijeongbu City during dry season.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.169-195
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• 2020

With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.375-402
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• 2020

The adoption and entering into force of the Registration Convention was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the UNCOPUOS and it elaborates further Articles 5 and 8 of the Outer Space Treaty(OST). The Registration Convention also complements and strengthens the Article 11 of the OST, which stipulates an obligation of state parties to inform the UN Secretary-General of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of "jurisdiction and control" as a comprehensive concept mentioned in Article 5 8 of the OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk such as, for example, putting the weapons of mass destruction secretly into orbit. And furthermore it could serve for a better space traffic management. The Registration Convention is a treaty established to implement Article 5 of OST for the rescue and return of astronaut in more detail. In this respect, if OST is a general law, the Registration Convention would be said to be in a special law. If two laws conflict the principle of lex specialis will be applied. Countries that have not joined the Registration Convention will have to follow the rules concerning the registration of paragraph 7 of the Declaration by the United Nations General Assembly resolution 1721 (X V I) in 1961. UN Resolution 1721 (XVI) is essentially non-binding, but appears to have evolved into the norm of customary international law requiring all States launching space objects into orbit or beyond to promptly provide information about their launchings for registration to the United Nations. However, the nature and scope of the information to be supplied is left to the discretion of the notifying State. The Registration Convention is a treaty created for compulsory registration of space objects by nations, but in reality it is a treaty that does not deviate from existing practice because it is based on voluntary registration. With the situation of dealing with new problems due to the commercialization and privatization of the space market, issues related to the definition of a 'space object', including matter of the registry state of new state that purchased space objects and space debris matter caused by the suspension of space objects launched by the registry state should be considered as matters when amendments, additional protocols or new Registration Convention are established. Also the question of registration of a flight vehicle in the commercial space market using a space vehicle traveling in a sub-orbital in a short time should be considered.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.3-40
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• 2020

The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

• Korean Journal of Health Education and Promotion
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• v.7 no.2
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• pp.59-70
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• 1990

This study was performed during the period between March 22 and July 23, 1989 in other to examine status of aniti - smoking eduation in middle and high school in Seoul. The results were as follows; 1. The respondents of this study were 403 nurse teachers of whom 43.7% had implemented anti - smoking education and 56.3% had not implemented anti - smoking education. Classified by school, those schools implementing anti - smoking education were in order of frequency; boys' high schools (32.4%), coeducational high schools (18.3%) and boys' middle schools (13/6%) and those schools not implementing anti-smoking education were in order of frequency: girls' high schools (23.8%), girls' middle schools (22.5%) and coeducation middle schools(7.6%). 2. The number of times that anti - smoking education was done was once a year (60.8%) or twice a year (38.2%). For teaching materials, 49.4% of the schools reported possessing teaching materials and 50.6% reported not possessing teaching matenials. The content of the anti - smoking education material was classified by grade for 27.8% of the schools and not classified by grade for 72.2%. 3. In schools where anti - smoking education directed at giving up smoking was being used, several problems were presented; lack of reference data and education of data(38.1%) lack of equipment(29.0%), smoking by teachers(13.6%). On the other hand, in schools where anti - smoking education was not being used, the ploblems identified were, in the following order, lack of reference data and education of data(38.1%), lack of equipment(29.0%) lack of time (15.0%) and lack of information (15.4%). There was statistically significant difference the two types of schools. 4. In discussing the proper time for education on giving up smoking, the teachers in school with indicated anti - smoking education the following, in order of frequency, the first year of middle school(30.5%), the second year(27.6%), the last year of middle school (18.4%), primary school (11.9%). For those who did not have anti - smoking education, the result were similar, the first year of middle school (31.9%), the second year (23.5%), primary school (17.6%), and the last year of middle school (15.5%). There results were not statisically significant but they supports the idea of eaely education directed at giving up smoking. 5. The actual frequency of students smoking was as follows. In schools with anti - smoking education 33.5% of the students smoked a lot and seriously 33.0% smoked a little and not seriously. In schools without anti - smoking education, the majority of the teachers (50.4%) indicated that the students were 'few and not serious' followed by 'I don't know well'(19.8%), 'many but not serious'(15.6%), 'many and serious'(15.2%). This implies that the teachers in schools which have anti - smoking education think smoking is more seriously than those who are in schools which do not have anti - smoking education though it is influenced by the members of the school. The opinions on penalities for smoking were as follows; in schools with anti - smoking education, 'punish'(52.8%) and 'give advice'(27.8%). In schools with no anti-smoking education 'punish'(41.9%), 'give advice'(24.5%) and 'I don't know what the rules for punishment should be'(18.5%), and 'do not punish'(16.4). 6. For knowledge about smoking by nurse - teachers, in schools having anti - smoking education the average score was 30.40. There was not statistically significant differences in these scores. But, there is an indication of a need for a deeper and a moer systematic knowledge of smoking as shown by the problem points; lack of reference data and educational data. The reason for this is that education to give up smoking is not considered a part of routine life. But the majority(95.2%) of the respondents indicated that a systematic program in the schools would meet that need.

• Journal of Food Hygiene and Safety
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• v.16 no.4
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• pp.280-294
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• 2001

Despite to the reality that the outbreaks from flood poisoning in Korea have been continuously increasing in the last two decades, it was very much neglected even in the public health field in Korea. Food poisoning outbreaks resulted in many cases not only in the damage of health but also in the death of many lives. However, this problem can be effectively solved by effects through health education activities, but not solely by the legal measures. This study was carried out to provide information that can be used in planning health education programs and proposing new rules to prevent any possible outbreaks from flood poisoning. The main problems contributing to flood poisoning outbreaks in an institutional setting or school catering and at home were reviewed and analyzed through the epidemiological investigations and articles related to flood poisoning in the last a decade (1991 ∼ 2000). Accordingly, the data presented in this study are sufficient to show and prove the significant trends in food poisoning accidents in Korea. The major findings investigated in this study are as follows. The frequency of food poisoning accidents as well as the number of victims have continuously increased in Korea. The number of victims per food poisoning accident is also increased from 20 persons in 1990 to 69.8 persons in 2000. Therefore, we should realize that the group poisoning outbreaks occur more frequently and the size of group poisoning accidents is getting larger. Among four seasons, the food poisoning accidents occurred more frequently in the summer (May ∼September) until 1997, However, after 1997, the food poisoning accidents occurred evenly in three seasons except the winter. The most important bacteria that cause food poisoning in Korea were Salmonella spp., Vibrio spp. and Staphylococcus aureus. They occupied 85∼90% of the rates of accidents and the number of victims.

• Korean Security Journal
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• no.36
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• pp.349-386
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• 2013

This research analyzes and evaluates The Korean Security Industry Law(TKSIL) putting the regulation of the present government about the private security industry. It nowadays becomes the important axis of the police services offered in the aspect of 'the national life safety' in connection with 'the materialization of society which is safe from the crime'. TKSIL is one of the national administration strategies which Park Gun-hye government aims on supervision policy. After seeking out the core values of the private security industrial policy which sets up in order to approach the national life safety which Park Gun-hye government aims, we make some assessments of this revised security industry law systematically. Particularly all keynote of policy about the private security of the police tried to be confirmed and the desirable direction of policy tries to be presented as to the security industry law application and real operation. In the site of organized civil complaint, the revised security industry law was revised as the direction which intensifies the administrative regulation as to the partial regulation such as it established the reason of the introduction of the arrangement license system. And grounds for disqualification of security instructor and guard, and rules of punishment is intensified order to intercept previously illegal and violent act of the security company etc. However it has the feature that it accomplishes 'the law principle(principle of statute)' the substantial portion through the effort of them changing a lot the content for the form of the law when being the clauses of the fundamental human rights limit, although it has been prescribed in "the security industry law enforcement ordinance" or "the security industry law enforced regulation". The security industry law revised this time brought from the change of the sharp policy through the revision of 17 clauses or new establishment. It can divide into 4 categorizes. (1) strictness of punishment in the site of organized civil complaint (2) Intensification of throwing out for the violation person in the private security business market time-limitedly (3) Intensification of the legal guide supervision power of police (4) upstream of the capital, name tag attachment under compulsion and the limit about other equipment use etc. Essentially "the security industry law" cannot help regulating the national interference of the private security and regulation with this content. However as to this interference and regulation, the limit has to be possible within reasonable range. As the history proved, excessive regulation by the country is not only due to bring the distortion of the security system of nation but also provoke national social cost. It can't be disregards ever that it premises the harmony which appropriate as well as reasonable in the socio-economic dimension for drawing the best combination that all things which get the compulsory education, it limits the person providing the private security service to the corporation, or it limits to the certificate of qualification holder are the ultimate for 'the safety of the national life'.

• Korean Security Journal
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• no.36
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• pp.255-292
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• 2013

Burglary (also called breaking and entering and sometimes housebreaking) is a crime, the essence of which is illegal entry into a building for the purposes of committing an offence. It is one of the most common types of crime and also a serious issue for every society. A house that is left insecure is an accessible and attractive target for burglars and therefore burglary resistance test & certification system for doors and windows has been developed in many countries. This paper explores several advanced foreign burglary resistance test/certifcation cases (the British SBD, the Dutch KOMO SKH/SKG, the Japanese CP mark, the Australian Standard Certification) for security products and domestic test/certification systems for fire safety products as a comparative study so that any improvement points can be gained for South Korea in the field of security product performance. The comparative analysis results show that South Korea is far behind the security product certification system and needs a lot of improvement in the system by benchmarking foreign cases. The domestic test/certification systems for fire safety products also give some insights for burglary-related security products' performance certification system in Korea. Overall, the need for relevant rules and regulations, the establishment of standards regarding testing and certification, including certified security +hardware product in building security certification system, performance testing as well as production testing (i.e. quality management system evaluation), the basic competency of testers, incentive system for certified/high quality security products were suggested in order to make an optimal model for the security production performance testing and certification system in Korea.

• Journal of Korean Society of Steel Construction
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• v.22 no.1
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• pp.1-12
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• 2010

According to the capacity design concept which forms the basis of the current steel seismic codes, the braces in concentrically braced frames (CBFs) should dissipate seismic energy through cyclic tension yielding and cyclic compression buckling while the beams and the columns should remain elastic. Brace buckling in inverted V-braced frames induces unbalanced vertical forces which, in turn, impose the additional beam moments and column axial forces. However, due to difficulty in predicting the location of buckling stories, the most conservative approach implied in the design code is to estimate the column axial forces by adding all the unbalanced vertical forces in the upper stories. One alternative approach, less conservative and recommended by the current code, is to estimate the column axial forces based on the amplified seismic load expected at the mechanism-level response. Both are either too conservative or lacking technical foundation. In this paper, three combination rules for a rational estimation of the column axial forces were proposed. The idea central to the three methods is to detect the stories of high buckling potential based on pushover analysis and dynamic behavior. The unbalanced vertical forces in the stories detected as high buckling potential are summed in a linear manner while those in other stories are combined by following the SRSS(square root of sum of squares) rule. The accuracy and design advantage of the three methods were validated by comparing extensive inelastic dynamic analysis results. The mode-shape based method(MSBM), which is both simple and accurate, is recommended as the method of choice for practicing engineers among the three.

• The Journal of Internal Korean Medicine
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• v.31 no.4
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• pp.792-812
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• 2010

In the 18th century, Xu Lingtai (徐靈胎) and Yoshimasu Todo (吉益東洞) were famous doctors advocating ancient medicine, though they lived in different countries, China and Japan. We compared their major books, analyzed their academic thoughts and then took conclusions as below. 1. The first, for instance "Classified Prescriptions of Treatise on Cold Damage Diseases, 傷寒論類方" and "Classified Assemblage of Prescriptions, 類聚方". Based on essential thought that a prescription and a syndrome should correspond, these books arranged and classified the Zhang Zhongjing (張仲景)'s texts."Classified Prescriptions of Treatise on Cold Damage Diseases", based on the thought that principles, methods, formulas and medicinals (理法方藥) were integrated in prescriptions, tried to find out the implicit treatment rules in prescriptions and syndromes through analyzing "Treatise on Cold Damage Diseases, 傷寒論". On the other hand, because Classified Assemblage of Prescriptions focused on the syndromes of ancient prescriptions (古方), it classified and collected the related texts of Treatise on Cold Damage Diseases and "Synopsis of Prescriptions of the Golden Chamber, 금궤요략", and then suggested only simple instructions on how to prescribe medicine. So in this book, the trend of experience was clear. 2. The second, there is "100 Kinds Records from Shennong's Classic of Materia Medica, 神農本草經百種錄" and "Description work of herbal pharmacology comprised of excerpts from Shanhanlun and medical experiences, 藥徵". Though both of these books are professional oriental pharmacology publications that advocate reactionism, there were remarkable differences in writing style between them. "Description work of herbal pharmacology comprised of excerpts from Shanhanlun and medical experiences" was based on "Treat on Cold Damage Diseases" and "Synopsis of Prescriptions of the Golden Chamber", just explained the effects of medications and discussed 'matter of course (所當然)', but not discussed 'the reason why (所以然)'. In explaining style of syndromes, it confirmed through research, and emphasized the inductive method. On the other hand, "100 Kinds Records from Shennong's Classic of Materia Medica based on "Shennong's Classic of Materia Medica, 神農本草經", explained the nature of medications and discussed 'the reason why (所以然)'. In explaining style of syndromes, it annotated and explained, and emphasized the process of reasoning. 3. The third, there is "Discuss the Headwaters of Medicine, 醫學源流論" and Severance of Medical evils, 醫斷". Aiming the then medical theories fallen in confused state, these books brought order out of chaos, clarified the categories of medical research, and emphasized the scientific method that could put theories into practice and verify them. The difference is that "Severance of Medical Evils" researched only macroscopic viewable clinical phenomena, and even denied the existence of names of diseases and etiological causes. Thus, it emphasized the accumulation of experiences, laid emphasis on "watching and realizing (目認)", and "understand and taking in (解悟)". Discuss the Headwaters of Medicine extremely emphasized the research of 'something not occuring (未然)', that is to say, induced notions of a disease from observing clinical phenomena, furthermore based on these, predicted the 'something not occuring (未然)' and emphasized researching 'the reason why (所以然)'. As regards how they deal with the traditional theories and post-Zhang Zhongjing's medicines, "Severance of Medical evils" took completely denying attitudes. In case of "Discuss the Headwaters of Medicine", it could be used reasonably through specific situation and detailed analysis. Collectively speaking, there were some differences between medical theories of Xu Lingtai and Yoshimasu Todo. Actually, these differences were whether he tried to research the essence of disease, whether he tried to consider it rationally, and how he treated various opinions occurring in the theories of traditional medicine and clinical experience.