• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.193-222
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• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. 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, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. 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 consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

• Journal of Korean Home Economics Education Association
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• v.19 no.4
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• pp.91-117
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• 2007

This study was to compare the contents and practical problems addressed, the process of teaching-learning method, and evaluation method of Korean Home Economics curriculum and of the Oregon and Ohio's Practical Problem Focused Family & Consumer Sciences Curricula. The results are as follows. First, contents of Korean curriculum are organized by major sub-concepts of Home Economics academic discipline whereas curricular of both Oregon and Ohio states are organized by practical problems. Oregon uses the practical problems which integrate multi-subjects and Ohio uses ones which are good for the contents of the module by integrating concerns or interests which are lower or detailed level (related interests). Since it differentiates interest and module and used them based on the basic concept of Family and Consumer Science, Ohio's approach could be easier for Korean teachers and students to adopt. Second, the teaching-learning process in Korean home economics classroom is mostly teacher-centered which hinders students to develop higher order thinking skills. It is recommended to use student-centered learning activities. State of Oregon and Ohio's teaching-learning process brings up the ability of problem-solving by letting students clearly analyze practical problems proposed, solve problems by themselves through group discussions and various activities, and apply what they learn to other problems. Third, Korean evaluation system is heavily rely on summative evaluation such as written tests. It is highly recommended to facilitate various performance assessment tools. Since state of Oregon and Ohio both use practical problems, they evaluate students mainly based on their activity rather than written tests. The tools for evaluation include project documents, reports of learning activity, self-evaluation, evaluation of discussion activity, peer evaluation in a group for each students for their performance, assessment about module, and written tests as well.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.67-106
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• 2012

Today air traffic at the airport is complicated including a significant increase in the volume of air transport, so aviation accidents are constantly occurring. Therefore, we should newly recognize importance of the Air Traffic Safety, the core values of the Air Traffic. The location of airport that is the basic infrastructure of the air traffic and the security of safety for facilities and equipments are more important than what you can. From this dimension, I analyze the step-by-step safety factors that are taken into account in the airport development projects from the construction or improvement of the airport within the current laws and institutions and give my opinion on the enhancement of safety in the design and construction of airport. The safety of air traffic, as well as airport, depends on location, development, design, construction, inspection and management of the airport including airport facilities because we have to carry out the national responsibility that prevents the risk of large social overhead capital for many and unspecified persons in modern society through legislation regarding intervention of specialists and locational criteria for aviation safety from the planning stage of airport development. In addition, well-defined installation standards of airports and air navigation facilities, the key points of the airport development phase, can ensure the safety of the airport and airport facilities. Of course, the installation standards of airport and air navigation facilities are based on the global standard due to the nature of air traffic. However, to prevent the chaos for the safety standards in design, construction, inspection of them and to ensure the aviation safety, the safety standards must be further subdivided in the course of domestic legislation. The criteria for installation of the Air Navigation facilities is regulated most specifically. However, to ensure the safety of the operation for Air Navigation Facilities, performance system proved suitable for the Safety of Air Navigation Facilities must change over from arbitrary restrictions to mandatory restrictions and be applied for foreign producers as well as domestic producers. Of course, negligence of pilots and defective aircraft maintenance lead to a large portion of the aviation accidents. However, I think that air traffic accidents can be reduced if the airport or airport facility is perfect enough to ensure the safety. Therefore, legal and institutional supplement to prioritize the aviation safety from the stage of airport development may be necessary.

• 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.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.32 no.1
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• pp.287-325
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• 2017

Considering the development of aerospace, military science and technology since the 20th century, the sky is very important for the nation's existence and prosperity. The proverb "Whosoever commands the space commands the world itself!" emphasizes the need for the command of the air. This essay is the first study on the status of airspace after reunification. First, the territorial airspace is over the territory and territorial sea, and its horizontal extent is determined by the territorial boundary lines. Acceptance of the present order is most reasonable, rather than attempting to reconfigure through historical truths about border issues, and it could be supported by neighboring countries in the reunification period. For peace in Northeast Asia, the reunified Korea needs to respect the existing border agreement between North Korea and China or Russia. However, the North Korean straight baselines established in the East Sea and the Yellow Sea should be discarded because they are not available under United Nations Convention on the Law of the Sea. It is desirable for the reunified Korea to redefine the straight baselines that comply with international law and determine the territorial waters up to and including the 12-nautical mile outside it. Second, the Flight Information Region (hereinafter "FIR") is a region defined by the International Civil Aviation Organization (hereinafter "ICAO") in order to provide information necessary for the safe and efficient flight of aircraft and the search and rescue of aircraft. At present, Korea is divided into Incheon FIR which is under the jurisdiction of South Korea and Pyongyang FIR which is under the jurisdiction of North Korea. If North Korea can not temporarily exercise control of Pyongyang FIR due to a sudden change of circumstances, it is desirable for South Korea to exercise control of Pyongyang FIR, and if it is unavoidable, ICAO should temporarily exercise it. In reunified Korea, it is desirable to abolish Pyongyang FIR and integrate it into Incheon FIR with the approval of ICAO, considering systematic management and control of FIR, establishment of route, and efficiency of management. Third, the Air Defense Identification Zone (hereinafter "ADIZ") is a zone that requires easy identification, positioning, and control of aircraft for national security purposes, and is set up unilaterally by the country concerned. The US unilaterally established the Korea Air Defense Identification Area (KADIZ) by the Declaration of Commitment on March 22, 1951. The Ministry of Defense proclaimed a new KADIZ which extended to the area including IEODO on December 13, 2013. At present, North Korea's military warning zone is set only at maritime boundaries such as the East Sea and the Yellow Sea. But in view of its lack of function as ADIZ in relations with China and Russia, the reunified Korea has no obligation to succeed it. Since the depth of the Korean peninsula is short, it is necessary to set ADIZ boundary on the outskirts of the territorial airspace to achieve the original purpose of ADIZ. Therefore, KADIZ of the reunified Korea should be newly established by the boundary line that coincides with the Incheon FIR of the reunified Korea. However, if there is no buffer zone overlapping with or adjacent to the ADIZs of neighboring countries, military tensions may rise. Therefore, through bilateral negotiations for peace in Northeast Asia, a buffer zone is established between adjacent ADIZs.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.33 no.5
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• pp.2021-2031
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• 2013

Due to the rapid economic growth within the nation, the quality of life of individuals have improved dramatically. The scope of living activities of individuals have also extended, resulting in a rapidly increasing demand for automobiles. The number of vehicles registered in Korea is rapidly increasing and will reach 188.71 million as of December 2012. Compared to the registered residents of 50.94 million provided by the Ministry of Public Administration and Security, the registered population reflects about 4 people per every automobile. Due to the high demands for vehicles, the demands for parking lots in collective housing and businesses are also increasing. In reality, the current state of expansion of parking lots are underground, due to the limited available space on ground level. Specifically, the slope of a parking lot cannot exceed 17% linear slope and 14% curved slope according to the 'parking lot laws', however studies show that the driver feels at risk for safety when stopped on the parking ramp while driving in the parking lot. This study seeks to examine the suitability of parking lot ramps, concerning the safety aspects of the driver. First, the ramp type was categorized as linear or curved, then test drives were performed based on variations of slopes, slant distances, directions and points. A survey was administered to the driver after the completion of the test drive, in order to element design for an ideal ramp. In the case of curved ramp, the results of the estimate suggests a counterclockwise, slope at a maximum of 12% incline. The maximum slope for a linear ramp was analyzed to be between 13~14%, suggesting that slope greater than 15% need to be eliminated. In conclusion, it is anticipated that the element design parking ramp reported in this study will help to serve as a reference for future parking lot related guidelines, and provide cost effective traffic safety mechanisms in future parking lot businesses to follow.

• Journal of the Korean association of regional geographers
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• v.2 no.2
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• pp.205-217
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• 1996

Today in the industrial society, the urban park is the place for citizens' health, recreation, exercise, and education. This is a very important place as a fine sight and maintenance of public security. As the results of rapid economic growth during the last thirty years, citizens are in the age of material civilization and are challenged with many serious urban problems such as pollution, noise, traffic congestion, human alienation, etc. Rapid material civilization brought to citizens' mental and physical diseases. To some of the problems, it is necessary that we should have proper leisure and recreation facilities, and that we should have the active, positive posture to them. Especially we need the out door recreational spaces and facilities. But nowadays the urban parks are given little thought in spites of the necessity of parks which should be used as a recreational spaces in the urban areas. So, This study attempt to comprehend the function, quantity and quality of the urban park system in Taegu. It is clear that the quantity is inappropriate. Because of inappropriate disposition and management, its coefficiency of utilization is low. In view of the population and park ratio, Dong Gu, Nam Gu, Suseong Gu and Dalseong Gun have comparative good, environments. However, Dalseo Qu, Seo Gu and Jung Gu have less geographical features. There are some methods to provide expansion of the aggregate of urban parks. We can use the school-grounds and their facilities. which were moved from C.B.D. to the outskirts of Daegu, or some parts of urban redevelopment, or the riverside of Sincheon river. In the urban park-program, users' satisfaction-factors are analyzed. We must reconsider the efficiency. The above problems are improved. Active administration and inhabitants' Positive participation are demanded so that the sound development of cities and daily life-surroundings are promoted.

• Journal of Global Scholars of Marketing Science
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• v.17 no.4
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• pp.113-139
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• 2007

This study aims to, looking from a standpoint of network, has investigated the shipping industry's B2B e-marketplace, the characteristics that can earn electronic trust from the users, and characteristics of the web-site. It has examined the mechanism whereby electronic trust be earned and how it affects web-site involvement and service transaction intention. Ultimately, The study attempts to make proposals whereby such trust can lead for a cooperative trading community in the shipping industry's B2B e-marketplace The Covalence structural equation modeling was designed and empirically tested for the shipping industry's B2B e-marketplace. The shipping industry employees were given questionnaires and data were analyzed. Except for perceived security of the three characteristic factors on the web-site, the perceived site quality and characteristics factors in operation only affected co-variables. Transaction Fairness was determined to be the most important factor among exogenous factors increasing electronic trust. With regards to transaction rules, if a transaction is beneficial only to one side, then no long term transaction will not take place. If the concerned parties properly recognize that transaction fairness is crucial to electronic transaction, then it will enormously contribute to successful operations of shipping e-marketplace. Also, Perceived efficiency in transaction also affects electronic trust. This reduces transaction costs and speeds up and simplifies the transaction process. It has reduced greater time and costs than existing off-line transaction, and would positively affect electronic trust. By making an open forum for participants to obtain information for transaction, they can gather useful information, and at the same time, the web-site operator can provide information, which, in turn, will increase electronic trust in electronic transaction. Furthermore, such formation of trust in electronic transaction influences shipping companies in such a way that they will want to continuously participate in the transaction, raising web-site involvement. The result of increased trust is that shipping companies in the future will do business with each other and form a foundation for continuous transactions amongst themselves. Consequently, the formation of trust in electronic transaction greatly influences web-site involvement and service transaction intention. The results of the study have again proved that in order to maintain continuous business relationship with the current clients, electronic trust in virtual space, which operates the shipping industry's B2B e-marketplace, is important for the interested parties.

• The Journal of Engineering Geology
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• v.28 no.2
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• pp.217-246
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• 2018

During the selection and characterization of target formations in the Small-scale Offshore $CO_2$ Storage Demonstration Project in the Pohang Basin, we have carefully investigated the possibility of induced earthquakes and leakage of $CO_2$ during the injection, and have designed the storage processes to minimize these effects. However, people in Pohang city have a great concern on $CO_2$-injection-intrigued seismicity, since they have greatly suffered from the 5.4 magnitude earthquake on Nov. 15, 2017. The research team of the project performed an extensive self-investigation on the safety issues, especially on the possible $CO_2$ leakage from the target formation and induced earthquakes. The target formation is 10 km apart from the epicenter of the Pohang earthquake and the depth is also quite shallow, only 750 to 800 m from the sea bottom. The project performed a pilot injection in the target formation from Jan. 12 to Mar. 12, 2017, which implies that there are no direct correlation of the Pohang earthquake on Nov. 15, 2017. In addition, the $CO_2$ injection of the storage project does not fracture rock formations, instead, the supercritical $CO_2$ fluid replaces formation water in the pore space gradually. The self-investigation results show that there is almost no chance for the injection to induce significant earthquakes unless injection lasts for a very long time to build a very high pore pressure, which can be easily monitored. The amount of injected $CO_2$ in the project was around 100 metric-tonne that is irrelevant to the Pohang earthquake. The investigation result on long-term safety also shows that the induced earthquakes or the reactivation of existing faults can be prevented successfully when the injection pressure is controlled not to demage cap-rock formation nor exceed Coulomb stresses of existing faults. The project has been performing extensive studies on critical stress for fracturing neighboring formations, reactivation stress of existing faults, well-completion processes to minimize possible leakage, transport/leakage monitoring of injected $CO_2$, and operation procedures for ensuring the storage safety. These extensive studies showed that there will be little chance in $CO_2$ leakage that affects human life. In conclusion, the Small-scale Offshore $CO_2$ Storage Demonstration Project in the Pohang Basin would not cause any induced earthquakes nor signifiant $CO_2$ leakage that people can sense. The research team will give every effort to secure the safety of the storage site.