• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.159-201
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• 2019

Along with Annex 14 Volume I establishment in 1951 and the set-up of restriction surface around the runway, aeronautical technique and navigation performance achieved dazzling growth, and the safety and precision of navigation greatly improved. However, restrictions on surrounding obstacles are still valid for safe operation of an aircraft. Standards and criteria for securing safety of aircraft operating around and on airport is stated in Annex 11 Air Traffic Services and Annex 14 Aerodrome etc. In particular, Annex 14 Volume I presents the criteria for limiting obstacles around an airport, such as natural obstacles such as trees, mountains and hills to prevent collisions between aircraft and ground obstacles, and artificial obstacles such as buildings and structures. On the other hand, Annex 14 Volume I, in the application of the obstacles limitation surfaces, apply the exception criteria, as it may not be possible to remove obstacles that violate the criteria if the aeronautical study determines that they do not impair the safety and regularity of aircraft operation. Aeronautical study has been applied and implemented in various countries including United States, Canada and Europe etc. accordingly, Korea established and amended some provisions of the Enforcement rules of the Aviation Act and established the Aeronautical study guidelines to approve exceptions. However, because ICAO does not provide specific guidelines on procedures and methods of Aeronautical study, countries conducting aeronautical study have established and applied their own procedures and methods. Reflecting this realistic situation, at the 12th World Navigation Conference and at the 38th General Assembly, the contracting States demanded a reexamination of the criteria for current obstacle limitation surfaces and methods of aeronautical study, and the ICAO dedicated a team of experts to prepare new standard. This study, in line with the movement of international change in obstacle limitation surface and aeronautical study, aims to compare and analyze current domestic and external standards on obstacle limitation and height limits, while looking at methods, procedure and systems for aeronautical study. In addition, expecting that aeronautical study will be used realistically and universally in assessing the impact of obstacles, we would recommend the institutional improvement of the aeronautical study along with the development of quantitative analysis methods using the navigation data in the current aeronautical study.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.39-65
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• 2022

There are two aspects of clinical practice guidelines that act as non-legal control before medical practice and as legal control standards after medical practice. The essential purpose of clinical practice guidelines is the former, but the latter action cannot be excluded. The clinical practice guidelines are a means of linking law and medical care. The negative perception of clinical practice guidelines that medical professionals' autonomy can be violated by the enactment of clinical practice guidelines is an excessive negative evaluation of clinical practice guidelines. Rather, judicial judgment based on clinical practice guidelines plays a role in respecting the autonomy of medical professionals. In other words, the clinical practice guidelines suppress legal regulations on medical care as much as possible and are based on doctors' professional ethics and self-discipline, and patient awareness and cooperation. In order to establish an ideal relationship of cooperation between doctors and patients, 'medical ethics' must be incorporated as a legal means. Clinical practice guidelines are the most appropriate means for incorporating such medical ethics into legal procedures. The lawyer solves the case with a legal syllogism that establishes a norm and applies facts to it to conclude. For the resolution of medical disputes, Clinical practice guidelines are used to establish norms that doctors should perform for specific diseases, and conclusions are drawn by applying the established norms to specific medical practices. When it is not easy to apply the established norms to specific medical practices, medical judgments by experts, such as emotions, expert testimony, and explanations by expert members, are used. As such, the Law respects the autonomy of medical care even in the establishment of norms and the application of norms. In particular, Clinical practice guidelines prepared independently by the medical community are referred to in establishing norms, which are the prerequisites for legal syllogism. This shows that doctors participate in the formation of precedents and contribute to the formation of norms. The use of clinical practice guidelines in trials is respect and consideration for the autonomy of medical care. Although there may be an aspect in which the autonomy of individual doctors is limited by clinical practice guidelines, it should be considered that the autonomy of doctors as a group is respected. In this way, the clinical practice guidelines play a role in protecting the autonomy of the "medical" group from the logic of the "law."

• The Korean Society of Law and Medicine
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• v.24 no.3
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• pp.155-206
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• 2023

When a person with diminished mental capacity refuses necessary medical care, normative judgments about when paternalistic intervention can be justified come into question. A typical example is involuntary hospitalization for people with mental disabilities, traditionally governed by mental health law. However, Korean civil law reform in 2011 introduced a new form of involuntary hospitalization through guardianship legislation, leading to a dualized system to involuntary hospitalization. Consequently, a conflict has arisen between the 'best interest and surrogate decision-making' paradigm of civil law and the 'social defense and preventive detention' paradigm of mental health law. Many countries have criticized this dualized system as not only inefficient but also unfair. Moreover, the requirement for the presence of 'mental illness' for involuntary hospitalization under mental health law has faced criticism for unfairly discriminating against people with mental disabilities. In response, attempts have been made to integrate guardianship legislation and mental health law based on mental capacity. This study examines the legislative process and framework of the Mental Capacity Act (Northern Ireland) 2016, which reorganized the mental health care system by fusing guardianship legislation with mental health law based on mental capacity. By analyzing the case of Northern Ireland, which has grappled with conflicts between guardianship legislation and mental health law since the 1990s and recently proposed mental capacity as a single, non-discriminatory standard, we aimed to offer insights for the Korean guardianship and mental health systems.

• Korean Journal of Ichthyology
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• v.19 no.4
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• pp.371-377
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• 2007

The passive integrated transponder (PIT) telemetry is a useful method for investigating fish population dynamics, community structure and migration. It can be applied for small fishes (TL<100 mm) because of its tiny size and light weight. The survival rate of PIT tag was investigated on 4 small size cyprindae fish species, Carassius gibelio langsdorfi (n=34, standard length; $91.9{\pm}0.9mm$, body weight; $21.2{\pm}0.9g$), Hypophthalmichthys molitrix (n=16, SL; $75.1{\pm}0.9mm$, BW; $6.0{\pm}0.2g$), Pseudorasbora parva (n=30, SL; $51.4{\pm}1.1mm$, BW; $2.7{\pm}0.2g$) and Phoxinus phoxinus (n=37, SL; $70.6{\pm}1.4mm$, BW; $8.2{\pm}0.5g$) under age 1 for applicability and effectiveness. We used three type tags including a small (length 11.0 mm, diameter 2.1 mm, weight 0.088 g), middle (20 mm, 3.5 mm, 0.102 g), large (30 mm, 3.5 mm, 0.298 g) size. After 30 days of tag insertion, survival rate of 117 individuals were 58.1% (large tag, 50.0%; middle tag, 57.5%; small tag, 61.4%). Survival rates varied between three types of tags because the abdominal cavity of each individual was different size. The death was due to surgical damage. If we apply tagging systems on field research of the Korean freshwater fish, the PIT tag will be effective method for analyzing fish ecology.

• Journal of the korean academy of Pediatric Dentistry
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• v.34 no.3
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• pp.430-437
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• 2007

The probability table of Moyers and prediction equation of Tanaka and Johnston that have been the most frequently used, cannot produce accurate prediction when used in Korean because they are based on the Caucasian popularity of the Northern European race. The method of Moyers or Tanaka and Johnston predicts sizes of the unerupted canine and premolars on the basis of the sizes of mandibular incisors. However, some of the recent papers raise a question as to whether the mandibular incisors are the best combination to predict the sizes of the unerupted canine and premolars. The purpose of this study is to determine which sum or combination of sums of permanent tooth widths present the best prediction for the unerupted canine and premolars in a Korean sample, to calculate a specific linear regression equation for this population, and to evaluate the clinical significance. A new linear regression equation was calculated based on the data of 178 Korean young adults(70 women, 108 men, mean age 21.63 years) with complete permanent dentitions. Fifty three more children(28 girls, 25 boys, mean age 14.22 years) were used as a validation sample for the application of the multiple linear regression equation. The conclusions were as follows: 1. The combination of the sums of permanent upper central incisors, lower lateral incisors and upper first molars was the best predictor for the unerupted canine and premolars in this sample($r=0.65{\sim}0.80$). 2. The multiple linear regression equation was calculated including sex and arch as additional predictor variables. male, upper: $Y\;=\;0.332{\times}X_0\;+\;6.195$ male, lower: $Y\;=\;0.332{\times}X_0\;+\;5.269$ female, upper: $Y\;=\;0.332{\times}X_0\;+\;5.929$ female, lower: $Y\;=\;0.332{\times}X_0\;+\;5.003$. The determination coefficient of the equation was 64% and a standard error of the estimate was 0.71mm. 3. In about 97% of the validation sample, the estimation of the tooth width sums of unerupted canine and premolars using the new multiple linear regression equation was smaller than 1mm compaired with the actual values.

• 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.

• Journal of Korean Ophthalmic Optics Society
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• v.17 no.2
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• pp.223-232
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• 2012

Purpose: Validating a new research method to determine posterior corneal curvature and asphericity(Q) in vivo, based on measurements of anterior corneal topography and corneal thickness. Methods: Anterior corneal topographic data, derived from the Medmont E300 corneal topographer, and total corneal thickness data measured along the horizontal corneal meridian using the Holden-Payor optical pachometer, were used to calculate the anterior and posterior corneal apical radii of curvature and Q. To calculate accurate total corneal thickness the local radius of anterior corneal curvature, and an exact solution for the relationship between real and apparent thickness were taken into consideration. This method differs from previous approach. An elliptical curve for anterior and posterior cornea were calculated by using best fit algorism of the anterior corneal topographic data and derived coordinates of the posterior cornea respectively. For validation of the calculations of the posterior corneal topography, ten polymethyl methacrylate (PMMA) lenses and right eyes of five adult subjects were examined. Results: The mean absolute accuracy (${\pm}$standard deviation(SD)) of calculated posterior apical radius and Q of ten PMMA lenses was $0.053{\pm}0.044mm$ (95% confidence interval (CI) -0.033 to 0.139), and $0.10{\pm}0.10$ (95% CI -0.10 to 0.31) respectively. The mean absolute repeatability coefficient (${\pm}SD$) of the calculated posterior apical radius and Q of five human eyes was $0.07{\pm}0.06mm$ (95% CI -0.05 to 0.19) and $0.09{\pm}0.07$ (95% CI -0.05 to 0.23), respectively. Conclusions: The result shows that acceptable accuracy in calculations of posterior apical radius and Q was achieved. This new method shows promise for application to the living human cornea.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.3-37
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• 2020

The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

• Asian Journal of Turfgrass Science
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• v.20 no.1
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• pp.33-40
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• 2006

Many soil amendments have been used nowadays to improve physical and chmical condition of turf soil, which might ultimately optimize turfgrass growth in golf courses. This study was carried out to Investigate the effects of new organic soil amendment containing pig excreta 50% and sawdust 50% on growth of zoysiagrass (Zoysia japonica L.) and kentucky bluegrass (Poa pratensis L.) in greenhouse. Three applicable treatments with soil mixtures of 10, 20, and 30% (v/v) animal organic soil amendment (AOSA) with sand, were tested for chemical property, physical property, visual quality and root length of zoysiagrass and Kentucky bluegrass. As results, application of $10{\sim}30%$ AOSA mixtures were proper to grow turfgrass in soil nutrition. Especially, the treatment with 20% AOSA mixtures showed 0.7% in organic matter, which meets to green standard of USGA. Also, 30% AOSA mixtures was 1.1% in organic matter, which might be desirable for zoysiagrass-planted golf courses in Korea. It was turned out that addition of AOSA decreased the hydraulic conductivity in soil physical property Because the sand possess high hydraulic conductivity, it is recommended to combine $10{\sim}30%$ AOSA with sand in order to sustain soil balance. The treatment with $10{\sim}30%$ AOSA noticeably increased visual quality of both zoysiagras and Kentucky bluegrass during 90 days. However, treatments with either 20% or 30% AOSA were effective to develop root length of zoysiagrass but treatments with 20% AOSA were more effective than that of 30% AOSA mixtures to promote root length of Kentucky bluegrass at 60 days. In conclusion, considering all vital factors such as visible quality, root growth, organic matter content, and economical efficiency, was taken, it is recommended that a $20{\sim}30%$ mixture of AOSA with sand is good for the growth of zoysiagrass and 20% mixture for Kentucky bluegrass.

• Journal of the Institute of Electronics Engineers of Korea SD
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• v.47 no.9
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• pp.14-23
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• 2010

This paper reports the fabrication of a DVB-T/H System in Package (SiP) that is able to receive and process the DVB-T/H signal. The DVB-T/H is the European telecommunication standard for Digital Video Broadcasting (DVB). An IC-embedded Printed Circuit Board (PCB) process, interpose a chip between PCB layers, has applied to the DVB-T/H SiP. The chip inserted in DVB-T/H SiP is the System on Chip (SoC) for mobile TV. It is comprised of a RF block for DVB-T/H RF signal and a digital block to convert received signal to digital signal for an application processor. To operate the DVB-T/H IC, a 3MHz DC-DC converter and LDO are on the DVB-T/H SiP. And a 38.4MHz crystal is used as a clock source. The fabricated DVB-T/H SiP form 4 layers which size is $8mm{\times}8mm$. The DVB-T/H IC is located between 2nd and 3rd layer. According to the result of simulation, the RF signal sensitivity is improved since the layout modification of the ground plane and via. And we confirmed the adjustment of LC value on power transmission is necessary to turn down the noise level in a SiP. Although the size of a DVB-T/H SiP is decreased over 70% than reference module, the power consumption and efficiency is on a par with reference module. The average power consumption is 297mW and the efficiency is 87%. But, the RF signal sensitivity is declined by average 3.8dB. This is caused by the decrease of the RF signal sensitivity which is 2.8dB, because of the noise from the DC-DC converter.