A Study on Predicting the Logistics Demand of Inland Ports on the Yangtze River (장강 내수로 항만의 물류 수요 예측에 관한 연구)
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- Korea Trade Review
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- v.48 no.3
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- pp.217-242
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- 2023
This study aims to analyze the factors influencing the logistics demand of inland ports along the Yangtze River and predict future port logistics demand based on these factors. The logistics demand prediction using system dynamics techniques was conducted for a total of six ports, including Chongqing and Yibin ports in the upper reaches, Jingzhou and Wuhan ports in the middle reaches, and Nanjing and Suzhou ports in the lower reaches of the Yangtze River. The logistics demand for all ports showed an increasing trend in the mid-term prediction until 2026. The logistics demand of Chongqing port was mainly influenced by the scale of the hinterland economy, while Yibin port appeared to heavily rely on the level of port automation. In the case of the upper and middle reach ports, logistics demand increased as the energy consumption of the hinterland increased and the air pollution situation worsened. The logistics demand of the middle reach ports was greatly influenced by the hinterland infrastructure, while the lower reach ports were sensitive to changes in the urban construction area. According to the sensitivity analysis, the logistics demand of ports relying on large cities was relatively stable against the increase and decrease of influential factors, while ports with smaller hinterland city scales reacted sensitively to changes in influential factors. Therefore, a strategy should be established to strengthen policy support for Chongqing port as the core port of the upper Yangtze River and have surrounding ports play a supporting role for Chongqing port. The upper reach ports need to play a supporting role for Chongqing port and consider measures to enhance connections with middle and lower reach ports and promote the port industry. The development strategy for inland ports along the Yangtze River suggests the establishment of direct routes and expansion of the transportation network for South Korean ports and stakeholders. It can suggest expanding the hinterland network and building an efficient transportation system linked with the logistics hub. Through cooperation, logistics efficiency can be enhanced in both regions, which will contribute to strengthening the international position and competitiveness of each port.
Background: In January 2018, revised elderly fixed outpatient copayment for the elderly were implemented. When people ages 65 years and older receive outpatient treatment at clinic-level medical institutions (clinic, dental clinic, Korean medicine clinic), with medical expenses exceeding 15,000 won but not exceeding 25,000 won, their copayment rates have decreased differentially from 30%. This study aimed to examine the changes of health utilization of elderly after revised elderly fixed outpatient copayment. Methods: We used Korea health panel data from 2016 to 2018. The time period is divided into before and after the revised elderly fixed outpatient copayment. We conducted Poisson segmented regression to estimate the changes in outpatient utilization and inpatient utilization and conducted segmented regression to estimate the changes in medical expenses. Results: Immediately after the revised policy, the number of clinic and Korean medicine outpatient visits of medical expenses under 15,000 won decreased. But the number of clinic outpatient visits in the range of 15,000 to 20,000 won and Korean medicine clinic in the range of 20,000 to 25,000 won increased. Copayment in outpatient temporarily decreased. The inpatient admission rates and total medical expenses temporarily decreased but increased again. Conclusion: We confirmed the temporary increase in outpatient utilization in the medical expense segment with reduced copayment rates. And a temporary decrease in medical expenses followed by an increase again. To reduce the burden of medical expense among elderly in the long run, efforts to establish chronic disease management policies aimed at preventing disease occurrence and deterioration in advance need to continue.
The conflict between major corporations and small and medium-sized businesses is being aggravated, the trickle down effect is not working properly, and, as the controversy surrounding the effectiveness of the business limiting system continues to swirl, the plan proposed to protect the business domain of small and medium-sized businesses, resolve polarization between these businesses and large corporations, and protect small family run stores is the suitable business type designation system for small and medium-sized businesses. The current status of carrying out this system of selecting suitable business types among small and medium-sized businesses involves receiving applications for 234 items among the suitable business types and items from small and medium-sized businesses in manufacturing, and then selecting the items of the consultative group by analyzing and investigating the actual conditions. Suitable business type designation in the service industry will involve designation with priority on business types that are experiencing social conflict. Three major classifications of the service industry, related to the livelihood of small and medium-sized businesses, will be first designated, and subsequently this will be expanded sequentially. However, there is the concern that when designated as a suitable business type or item, this will hinder the growth motive for small to medium-sized businesses, and designation all cause decrease in consumer welfare. Also it is highly likely that it will operate as a prior regulation, cause side-effects by limiting competition systematically, and also be in violation against the main regulations of the FTA system. Moreover, it is pointed out that the system does not sufficiently reflect reverse discrimination factor against large corporations. Because conflict between small to medium sized businesses and large corporations results from the expansion of corporations to the service industry, which is unrelated to their key industry, it is necessary to introduce an advanced contract method like a master franchise or local franchise system and to develop local small to medium sized businesses through a franchise system to protect these businesses and dealers. However, this method may have an effect that contributes to stronger competitiveness of small to medium sized franchise businesses by advancing their competitiveness and operational methods a step further, but also has many negative aspects. First, as revealed by the Ministry of Knowledge Economy, the franchise industry is contributing to the strengthening of competitiveness through the economy of scale by organizing existing individual proprietors and increasing the success rate of new businesses. It is also revealed to be a response measure by the government to stabilize the economy of ordinary people and is emphasized as a 'useful way' to revitalize the service industry and improve the competitiveness of individual proprietors, and has been involved in contributions to creating jobs and expanding the domestic market by providing various services to consumers. From this viewpoint, franchises fit the purpose of the suitable business type system and is not something that is against it. Second, designation as a suitable business type may decrease investment for overseas expansion, R&D, and food safety, as well negatively affect the expansion of overseas corporations that have entered the domestic market, due to the contraction and low morale of large domestic franchise corporations that have competitiveness internationally. Also because domestic franchise businesses are hard pressed to secure competitiveness with multinational overseas franchise corporations that are operating in Korea, the system may cause difficulty for domestic franchise businesses in securing international competitiveness and also may result in reverse discrimination against these overseas franchise corporations. Third, the designation of suitable business type and item can limit the opportunity of selection for consumers who have up to now used those products and can cause a negative effect that reduces consumer welfare. Also, because there is the possibility that the range of consumer selection may be reduced when a few small to medium size businesses monopolize the market, by causing reverse discrimination between these businesses, the role of determining the utility of products must be left ot the consumer not the government. Lastly, it is desirable that this is carried out with the supplementation of deficient parts in the future, because fair trade is already secured with the enforcement of the franchise trade law and the best trade standard of the Fair Trade Commission. Overlapping regulations by the suitable business type designation is an excessive restriction in the franchise industry. Now, it is necessary to establish in the domestic franchise industry an environment where a global franchise corporation, which spreads Korean culture around the world, is capable of growing, and the active support by the government is needed. Therefore, systems that do not consider the process or background of the growth of franchise businesses and harm these businesses for the sole reason of them being large corporations must be removed. The inhibition of growth to franchise enterprises may decrease the sales of franchise stores, in some cases even bankrupt them, as well as cause other problems. Therefore the suitable business type system should not hinder large corporations, and as both small dealers and small to medium size businesses both aim at improving competitiveness and combined growth, large corporations, small dealers and small to medium sized businesses, based on their mutual cooperation, should not include franchise corporations that continue business relations with them in this system.
Highly cold tolerant varieties are requested not only at high latitute cool area but also tropical high elevated areas, and the required tolerance is different from location to location. IRRI identified 6 different types of cold tolerance required in the world for breeding purpose; a) Hokkaido type, b) Suweon type, c) Taipei 1st season type, d) Taipei 2nd season type, e) Tropical alpine type and, f) Bangladesh type. The cold tolerance requested in Korea is more eargent in Tongil group cultivars and their required tolerance is the one such as the physiological activities at low temperature are as active as in Japonica group cultivars at least during young seedling stage and reproduction stage. With conventional Japonica cultivars, such cold tolerant characters are requested as short growth duration but stable basic vegetative growth, less sensitive to high temperature and less prolonged growth duration at low temperature. The methods screening for cold tolerance were developed rapidly after the Tongil cultivar was reliesed. The facilities of screening for cold tolerance, such as, low temperature incubator, cold water tank, growth cabinet, phytotron, cold water nursery in Chuncheon, breeding nursery located in Jinbu, Unbong and Youngduk, are well established. Foreign facilities such as, cold water tank with the rapid generation advancement facilities, cold nurseries located in Banaue, Kathmandu and Kashimir may be available for the screening of some limitted breeding materials. For the reference, screening methods applied at different growth stages in Japan are introduced. The component characters of cold tolerance are not well identified, but the varietal differences in a) germinability, b) young seedling growth, c) rooting, d) tillering, e) discolation, f) nutrition uptake, g) photosynthesis rate, h) delay in heading, i) pollen sterility, and j) grain fertility at low temperature are reported to be distinguishable. Relationships among those traits are not consistent. Reported studies on the inheritance of cold tolerance are summarized. Four or more genes are controlling low temperature germinability, one or several genes are controlling seedling tolerance, and four or more genes are responsible for the pollen fertility of the rice treated with cold air or grown in the cold water nursery. But most of those data indicate that the results may come out in different way if those were tested at different temperature. Many cold tolerant parents among Japonicas, Indicas and Javanicas were identified as the results of the improvement of cold tolerance screening techniques and IRTP efforts and they are ready to be utilized. Considering a) diversification of germ plasm, b) integration of resistances to diseases and insects, c) identification of adaptability of recommending cultivars and, d) systematic control of recommending cultivars, breeding strategies for short term and long term are suggested. For short term, efforts will be concentrated mainly to the conventional cultivar group. Domestic cultivars will be used as foundation stock and ecologically different foreign introductions such as from Hokkaido, China or from Taiwan, will be used as cross parents for the adjustment of growth durations and synthsize the prototype of tolerances. While at the other side, extreme early waxy Japonicas will be crossed with the Indica parents which are identified for their resistances to the diseases and insects. Through the back corsses to waxy Japonicas, those Indica resistances will be transfered to the Japonicas and these will be utilized to the crosses for the improvement of resistances of prototype. For the long term, efforts will be payed to synthsize all the available tolerances identified any from Japonicas, Indicas and Javanicas to diversify the germ plasm. The tolerant cultivars newly synthsized, should be stable and affected minimum. to the low temperature at all the growing stages. The resistances to the diseases and insects should be integrated also. The rapid generation advancement, pollen culture and international cooperations were emphasized to maximize the breeding efficiency.
생활수준이 낮은 단계에 있어서는 우선 식량에 대한 수요가 강하다. 인간의 욕구가 만족스럽게 먹는다는 것에 대하여 제일 강하게 발동하는 것이다 그러나 점차 과학기술과 산업과 경제가 발전하여 성장과정에 오르게 되고 소득수준도 향상하게 되면 시장기구를 통해서 구입 할 수 있는 개인의 물적 소비재에 대해서는 점차 충족하게 되며 식량이외에도 의복, 전기기구 및 일용생활용품, 자동차 등에 이르기까지 더욱 고차원의 소비재가 보급하게 되는 것이다. 이렇게 되며는 사람의 욕구는 사적 재물이나 물적 수요에서 점진적으로 공공재나 또는 질적 수요(주택, 생활환경 등)의 방향으로 움직이게 되는 것으로써 여기에 환경오염 또는 공해문제에 대하여 의식하게 된다. 그러나 여기에서 더욱이 문제점이 되는 것은 소득 수준의 향상 과정이란 그 자체가 환경오염의 커다란 요인이라는 점이며 자동차의 급격한 보급과 생활의 편의성을 구하여 집중되는 도시인구의 집적, 높은 소득을 보장하기 위한 생산성 높은 중화학공업의 발전 등등은 그 자체가 환경권이란 사람이 요구하는 고차원의 권리를 침해하는 직접적인 요인이 된다는 것이다. 이와 같은 환경오염이나 공해문제에 대한 세계적인 논의는 이미 시작된 지 오래이지만 현재는 우리의 건강보호를 위해서나 생활환경의 보전을 위해서라는 점에서는 그치는 것이 아니고, 더욱 넓혀서 자연의 보호, 자원의 보호라는 견지로 확대되고 있다. 이와 같은 세계적인 확대된 이해와 이에 대한 대책강구의 제안은 1968년 국제연합의 경제사회이사회에서 스웨덴 정부대표에 의하여 제시되었으며 1969년의 우- 탄트 사무총장의 인간환경에 관한 보고서, 1970년 Nixon 미대통령의 연두일반교서 그리고 1972년 5월 6일 스웨덴의 스톡홀롬에서 개최되는 인간환경회의의 주제 등을 통해서 알 수 있고, 종래의 공해나 생활환경의 오염문제라는 좁은 개념에서가 아니고 인간환경전체의 문제로 다루고 있는 것이다. 즉 환경개발(도시, 산업, 지역개발에 수반된 문제), 환경오염(인위적 행위에 의하여 환경의 대인간조건이 악화하는 문제) 자연ㆍ자원의 보호관리(지하, 해양자원, 동식물, 풍경경치의 문제)란 3개 측면에서 다루고 있는 것이다. 환경오염이란 문제를 중 심하여 보면 환경을 구성하는 기본적인 요소로서 대기, 물, 토지 또는 지각. 그리고 공간의 사대요소로 집약하여 생각할 수 있음으로 이 4요소의 오염이 문제가 되는 것이다. 대기의 오염은 환경의 오염중 가장 널리 알려진, 또 가장 오랜 역사를 가진 오염의 문제로써 이에 속하는 오염인자는 분진, 매연, 유해가스(유황산화물, 불화수소, 염화수소, 질소산화물, 일산 화염소 등) 등 대기의 1차 오염과 1차 존재한 물질이 자외선의 작용으로 변화발생 하는 오존, PAN등 광화학물질이 형성되는 2차적인 오염을 들 수 있다. 기외 카도미움, 연등 유해중금속이나 방사선물질이 대기로부터 토지를 오염시켜서 토지에 서식하는 생물의 오염을 야기케 한다는 점등이 명백하여지고 있으며 대기의 오염은 이런 오염물질이 대기중에서 이동하여 강우에 의한 침강물질의 변화를 일으키게 되며 소위 광역오염문제를 발생케하며 동시에 토지의 토질저하등을 가져오게 한다. 물의 오염은 크게 내육수의 오염과 해양의 오염의 양면으로 나누어 볼 수 있다. 하천의 오염을 방지하고 하천을 보호하기 위한 움직임 역시 환경오염의 역사상 오래된 문제이며 시초에는 인분뇨와의 연결에서 오는 세균에 의한 오염이나 양수 기타 일반하수와의 연결에서 오는 오염에 대비하는 것부터 시작하였지만 근래에는 산업공장폐수에 의한 각종 화학적유해물질과 염료 그리고 석유화학의 발달에 의한 폐유등으로 인한 수질오탁문제가 점차 크게 대두되고 있다. 이것은 측 오염이란 시초에 우리에게 주는 불쾌감이 크므로 이것을 피하자는 것부터 시작하여 인간의 건강을 지키고 각종 사용수를 보존하자는 용수보존으로 그리고 이제는 건강과 용수보존뿐만 아니라 이것이 농림 수산물에 대한 큰 피해를 주게됨으로써 오는 자연환경의 생태계보전의 문제로 확대전환하고 있는 것이다. ？간 특히 해양오염에 대한 문제는 국지적인 것에만 끝이는 것이 아니고 전세계의 해양에 곧 연결되는 것이므로 세계각국의 공통관심사로 등장케 되었으며 이것은 특히 폐유가 유류수송 도중에 해양에 투기되는 유류에 의한 해양의 유막성형에서 오는 기상의 변화와 물피해등이 막심함으로 심각화 되고 있다. 각국이 자국의 해안과 해양을 보호하기 위하여 조치를 서두르고 있는 현시점에서 볼 때에는 이는 국제문제화하고 있으며 세계적인 국제적 협력과 협조의 필요성이 강조되는 좋은 예라 하겠다. 토양의 오염에 있어서는 대기나 수질의 오염이 구국적으로 토양과 관련되고 토양으로 환원되는 것이지만 근래에 많이 보급사용되는 농약과 화학비료의 문제는 토양자체의 오염에만 그치는 것이 아니고 농작물을 식품으로 하여 섭취함으로써 발생되는 인체나 기타생물체의 피해를 고려할 때 더욱 중요한 것이며, 또 토질의 저하를 가져오게 하여 농림생산에 미치는 영향이 적지 않을 것이다. 지반강하는 지각 에 주는 인공적 영향의 대표적인 것으로써 지하수나 지하 천연가스를 채취이용하기 위하여 파들어 감으로써 지반이 침하 하는 것이며 건축물에 대한 영향 특히 풍수해시의 재해를 크게 할 우려가 있는 것이다. 공간에 있어서의 환경오염에는 소음, 진동, 광선, 악취 등이 있다. 이들은 특수한 작업환경의 경우를 제외하고는 건강에 직접적인 큰 피해를 준다고 생각할 수 없으나 소음, 진동, 관선, 악취 등은 일반 일상시민생활에 불쾌나 불안을 줌으로써 안정된 생활을 방해하는 요인이 되는 것이다. 공간의 오염물로써 새로운 주목을 끌게된 것은 도시산업폐기물로써 이들은 대기나 물 또는 토지를 오염시킬 뿐만 아니라 공간을 점령함으로써 도시의 미관이나 기능을 손상케 하는 것이다. 즉 노배폐차의 잔해, 냉장고등고형폐기물등의 재생불가능한 것이나 비니루등 합성물질로 된 용기나 포장 등으로 연소분해 되지 않은 내구소비재가 이에 해당하는 것으로 이는 maker의 양식에 호소하여 그 책임 하에 해결되어야 할 문제로 본다. 이렇듯 환경오염은 각양각색으로 그 오염물질의 주요 발생원인 산업장이나 기타 기관에서의 발생요인을 살펴보며는 다음과 같은 것으로 요약할 수 있다. A. 제도적 요인 1. 관리체재의 미비 2. 관리법규의 미비 3. 책임소재의 불명확 B. 자재적 요인 1. 사용자재의 선택부적 2. 개량대책급 연구의 미흡 C. 기술적 요인 1. 시설의 설계불량, 공정의 결함 2. 시설의 점검, 보전의 불충분 3. 도출물의 취급에 대한 검사부족 4. 발생방지 시설의 미설치, 결함 D. 교육적 요인 1. 오염물질 방제지식의 결여 2. 법규의 오해, 미숙지 E. 경제적 요인 1. 자금부족 2. 융자상의 문제 3. 경제성의 문제 F. 정신적 요인 1. 사회적 도의심의 결여(이기주의) 2. 태만 3. 무지, 무관심 등이다. 따라서 환경오염의 방지란 상기한 문제의 해결에 기대하지 않을 수 없으나 이를 해결하기 위하여는 국내적 국제적 상호협조에 의한 사회각층의 총력적 대책이 시급한 것이다. 이와 같은 환경오염이 단속된다 하며는 미구에 인류의 건강은 물론 그 존립마저 기대하기 어려울 것이며, 현재는 점진적으로 급성피해에 대하여는 그 흥미가 집중되어 그 대비책도 많이 논의되고 있지만 미량의 단속접촉에 의한 만성축적에 관한 문제나 이와 같은 환경오염이 앞으로 태어날 신생률에 대한 영향이나 유전정보에 관한 연구는 장차에 대비하는 문제로써 중요한 것이라 생각된다. 기외에 우려되는 점은 오염방지책을 적극 추진함으로써 올 수 있는 파생적인 문제이다. 즉 오염을 방지하기 위하여 생산기업체가 투자를 하게 되며는 그만큼 생산원가가 상승할 것이며 소비가격도 오를 것이다. 반면 이런 시책에 뒤떨어진 후진국의 값싼 생산국은 자연 수입이 억제 당할 것이며, 이렇게되면 후진국은 무역경쟁에서 큰 상처를 입게될 것이고 뿐만 아니라 선진국에 필요한 오염물질의 발생이 높은 생산기기를 자연후진국에 양도하게 될 것임으로 후진국의 환경오염은 배가할 우려가 있는 것이다. 또 해양오염을 방지할 목적에서와 같이 자국의 해안보호를 위하여 마련된 법의 규제는 타국의 선박운항에 많은 제약을 가하게 될 것이며 이것 역시 시설이 미약한 약소후진국의 선박에 크게 영향을 미치게 될 것임으로 교통, 해운, 무역등을 통한 약소후진국의 경제성장에 제동을 거는 것이 될 것이다. 이렇듯 환경오염의 문제는 환경자체에 대해서만 아니라 부산물적으로 특히 후진국에는 의외 문제를 던져주게 되는 것임으로 환경오염에 대해서는 물론, 전술한 바와 같이 인간환경전체의 문제로써 Nixon 대통령이 말한 결의와 창의와 그리고 자금을 가지고 과감하게 대처해 나가야 할 것이다.
The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.
Ancestral Burial Ground on the Inwangsan Mountain is a ten-panel folding screen with images and postscripts. Commissioned by Bak Gyeong-bin (dates unknown), this screen was painted by Jo Jung-muk (1820-after 1894) in 1868. The postscripts were written by Hong Seon-ju (dates unknown). The National Museum of Korea restored this painting, which had been housed in the museum on separate sheets, to its original folding screen format. The museum also opened the screen to the public for the first time at the special exhibition Through the Eyes of Joseon Painters: Real Scenery Landscapes of Korea held from July 23 to September 22, 2019. Ancestral Burial Ground on the Inwangsan Mountain depicts real scenery on the western slopes of Inwangsan Mountain spanning present-day Hongje-dong and Hongeun-dong in Seodaemun-gu, Seoul. In the distance, the Bukhansan Mountain ridges are illustrated. The painting also bears place names, including Inwangsan Mountain, Chumohyeon Hill, Hongjewon Inn, Samgaksan Mountain, Daenammun Gate, and Mireukdang Hall. The names and depictions of these places show similarities to those found on late Joseon maps. Jo Jung-muk is thought to have studied the geographical information marked on maps so as to illustrate a broad landscape in this painting. Field trips to the real scenery depicted in the painting have revealed that Jo exaggerated or omitted natural features and blended and arranged them into a row for the purposes of the horizontal picture plane. Jo Jung-muk was a painter proficient at drawing conventional landscapes in the style of the Southern School of Chinese painting. Details in Ancestral Burial Ground on the Inwangsan Mountain reflect the painting style of the School of Four Wangs. Jo also applied a more decorative style to some areas. The nineteenth-century court painters of the Dohwaseo(Royal Bureau of Painting), including Jo, employed such decorative painting styles by drawing houses based on painting manuals, applying dots formed like sprinkled black pepper to depict mounds of earth and illustrating flowers by dotted thick pigment. Moreover, Ancestral Burial Ground on the Inwangsan Mountain shows the individualistic style of Jeong Seon(1676~1759) in the rocks drawn with sweeping brushstrokes in dark ink, the massiveness of the mountain terrain, and the pine trees simply depicted using horizontal brushstrokes. Jo Jung-muk is presumed to have borrowed the authority and styles of Jeong Seon, who was well-known for his real scenery landscapes of Inwangsan Mountain. Nonetheless, the painting lacks an spontaneous sense of space and fails in conveying an impression of actual sites. Additionally, the excessively grand screen does not allow Jo Jung-muk to fully express his own style. In Ancestral Burial Ground on the Inwangsan Mountain, the texts of the postscripts nicely correspond to the images depicted. Their contents can be divided into six parts: (1) the occupant of the tomb and the reason for its relocation; (2) the location and geomancy of the tomb; (3) memorial services held at the tomb and mysterious responses received during the memorial services; (4) cooperation among villagers to manage the tomb; (5) the filial piety of Bak Gyeong-bin, who commissioned the painting and guarded the tomb; and (6) significance of the postscripts. The second part in particular is faithfully depicted in the painting since it can easily be visualized. According to the fifth part revealing the motive for the production of the painting, the commissioner Bak Gyeongbin was satisfied with the painting, stating that "it appears impeccable and is just as if the tomb were newly built." The composition of the natural features in a row as if explaining each one lacks painterly beauty, but it does succeed in providing information on the geomantic topography of the gravesite. A fair number of the existing depictions of gravesites are woodblock prints of family gravesites produced after the eighteenth century. Most of these are included in genealogical records and anthologies. According to sixteenth- and seventeenth-century historical records, hanging scrolls of family gravesites served as objects of worship. Bowing in front of these paintings was considered a substitute ritual when descendants could not physically be present to maintain their parents' or other ancestors' tombs. Han Hyo-won (1468-1534) and Jo Sil-gul (1591-1658) commissioned the production of family burial ground paintings and asked distinguished figures of the time to write a preface for the paintings, thus showing off their filial piety. Such examples are considered precedents for Ancestral Burial Ground on the Inwangsan Mountain. Hermitage of the Recluse Seokjeong in a private collection and Old Villa in Hwagae County at the National Museum of Korea are not paintings of family gravesites. However, they serve as references for seventeenth-century paintings depicting family gravesites in that they are hanging scrolls in the style of the paintings of literary gatherings and they illustrate geomancy. As an object of worship, Ancestral Burial Ground on the Inwangsan Mountain recalls a portrait. As indicated in the postscripts, the painting made Bak Gyeong-bin "feel like hearing his father's cough and seeing his attitudes and behaviors with my eyes." The fable of Xu Xiaosu, who gazed at the portrait of his father day and night, is reflected in this gravesite painting evoking a deceased parent. It is still unclear why Bak Gyeong-bin commissioned Ancestral Burial Ground on the Inwangsan Mountain to be produced as a real scenery landscape in the folding screen format rather than a hanging scroll or woodblock print, the conventional formats for a family gravesite paintings. In the nineteenth century, commoners came to produce numerous folding screens for use during the four rites of coming of age, marriage, burial, and ancestral rituals. However, they did not always use the screens in accordance with the nature of these rites. In the Ancestral Burial Ground on the Inwangsan Mountain, the real scenery landscape appears to have been emphasized more than the image of the gravesite in order to allow the screen to be applied during different rituals or for use to decorate space. The burial mound, which should be the essence of Ancestral Burial Ground on the Inwangsan Mountain, might have been obscured in order to hide its violation of the prohibition on the construction of tombs on the four mountains around the capital. At the western foot of Inwangsan Mountain, which was illustrated in this painting, the construction of tombs was forbidden. In 1832, a tomb discovered illegally built on the forbidden area was immediately dug up and the related people were severely punished. This indicates that the prohibition was effective until the mid-nineteenth century. The postscripts on the Ancestral Burial Ground on the Inwangsan Mountain document in detail Bak Gyeong-bin's efforts to obtain the land as a burial site. The help and connivance of villagers were necessary to use the burial site, probably because constructing tombs within the prohibited area was a burden on the family and villagers. Seokpajeong Pavilion by Yi Han-cheol (1808~1880), currently housed at the Los Angeles County Museum of Art, is another real scenery landscape in the format of a folding screen that is contemporaneous and comparable with Ancestral Burial Ground on the Inwangsan Mountain. In 1861 when Seokpajeong Pavilion was created, both Yi Han-cheol and Jo Jung-muk participated in the production of a portrait of King Cheoljong. Thus, it is highly probable that Jo Jung-muk may have observed the painting process of Yi's Seokpajeong Pavilion. A few years later, when Jo Jungmuk was commissioned to produce Ancestral Burial Ground on the Inwangsan Mountain, his experience with the impressive real scenery landscape of the Seokpajeong Pavilion screen could have been reflected in his work. The difference in the painting style between these two paintings is presumed to be a result of the tastes and purposes of the commissioners. Since Ancestral Burial Ground on the Inwangsan Mountain contains the multilayered structure of a real scenery landscape and family gravesite, it seems to have been perceived in myriad different ways depending on the viewer's level of knowledge, closeness to the commissioner, or viewing time. In the postscripts to the painting, the name and nickname of the tomb occupant as well as the place of his surname are not recorded. He is simply referred to as "Mister Bak." Biographical information about the commissioner Bak Gyeong-bin is also unavailable. However, given that his family did not enter government service, he is thought to have been a person of low standing who could not become a member of the ruling elite despite financial wherewithal. Moreover, it is hard to perceive Hong Seon-ju, who wrote the postscripts, as a member of the nobility. He might have been a low-level administrative official who belonged to the Gyeongajeon, as documented in the Seungjeongwon ilgi (Daily Records of Royal Secretariat of the Joseon Dynasty). Bak Gyeong-bin is presumed to have moved the tomb of his father to a propitious site and commissioned Ancestral Burial Ground on the Inwangsan Mountain to stress his filial piety, a conservative value, out of his desire to enter the upper class. However, Ancestral Burial Ground on the Inwangsan Mountain failed to live up to its original purpose and ended up as a contradictory image due to its multiple applications and the concern over the exposure of the violation of the prohibition on the construction of tombs on the prohibited area. Forty-seven years after its production, this screen became a part of the collection at the Royal Yi Household Museum with each panel being separated. This suggests that Bak Gyeong-bin's dream of bringing fortune and raising his family's social status by selecting a propitious gravesite did not come true.