• The Korean Journal of Air & Space Law and Policy
• /
• v.31 no.1
• /
• pp.37-62
• /
• 2016

Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

• Tuberculosis and Respiratory Diseases
• /
• v.46 no.2
• /
• pp.165-174
• /
• 1999

Background: Coal-worker's pneumoconiosis(CWP) is radiologically divided into two major groups: simple pneumoconiosis (SP), in which small, rounded or irregular opacities smaller than 1cm are observed, and progressive massive fibrosis(PMF), which is characterized by opacities larger than 1cm. SP has a life expectancy equivalent to miners with no radiographic evidence of CWP, but PMF is associated with more obvious impairments of ventilatory capacity and premature death. But only minority of workers develop PMF when exposed to dust concentrations similar to those experienced by workers who develop only SP. In this study, immune status in patients with CWP were evaluated by measurement of the serum immunoglobulin levels between control, SP and PMF groups. Method: Coal workers selected for this study were emplyees of the Tae-Baek and Dong-Hae Hospital. All the patients were men of 45-76 years old and the mean duration of exposure to coal dust were 23.2 years. By X-ray examination, 51 patients were classified in SP, 59 in PMF category. The normal controls examined were 58 men of 26-70 years old. Serum Ig levels were estimated by using Nephelometer(Behring Nephelometer : Germany) and serum were collected 51 in SP, 49 in PMF and 57 cases in control group. Results: The levels of IgG were increased but the levels of IgM were decreased with increasing age in control groups. There were no statistical difference of immunoglobulin levels between smokers and nonsmokers in control groups. There were no statistical difference of immunoglobulin levels between Control, SP and PMF groups. Multiple regression analysis were undertaken to determine the statistical significance of the apparent trends and estimate the effects associated with age, smoking habit and radiological category of CWP. According to this analysis, the levels of IgG were decreased significantly in SP group and had decreasing tendancy, but not statistically significant in PMF group. Conclusion : From the observations described, CWP patients had decreased IgG concentration compared to control gorup. Therefore, there was some relation between CWP and immunoglobulin concentration.

• Journal of Broadcast Engineering
• /
• v.12 no.5
• /
• pp.460-479
• /
• 2007

When culture took large part in industrial area, every country has tried to utilize own cultural contents for educational or commercial purpose and the various cultures and histories are recognized as a main concept or subject so that a number of scholars who study history increase. In video game field, special characteristics of interface that audiences participate in the game to complete story-telling is considered as efficient material for learning process. As observed above, it is important to analyze the games that every country makes and export to the world in which the video games is understood as a play of human in general. This Paper has firstly analyzed the most favorite historical games developed in Korea, the USA, Japan, Taiwan and Germany from 1980 to 2005 and secondly, compared that wars and historical origin appears in game scenario, a world view and background story and finally after point out the preferable era and genre of the countries then propose the promising way of design for historical video games. In the process of analysis of a view and heroes in historical games, we compared the real persons, the real historical events and novel in which 11.8% only employed the real persons in 8 out of 68 games. Also the real history and background story are appeared in 37 games which is 54.4% of them. We discovered that the main material that is popular for each country is the historical backing rather than real persons where the favorite historical background is chosen at which they are proud of; 3-Throne era with strong ancient Gogurye for Korea, the 1st and 2nd World Wars and the Independence War for the USA, the tide of war around Middle age for Japan, ancient history of Europe for Germany. The favorite age for video games is Ancient times with 37 games for 54.4%, Middle Age with 7 games fer 10.3%, the prehistoric age with 5 games for 7.35%, remote age with 1 for 1.47%, while current historical games favor Ancient or Modern Age.

• Asia pacific journal of information systems
• /
• v.19 no.1
• /
• pp.113-145
• /
• 2009

Recently, due to the globalization of the IT(Information Technology) market, devices and systems designed in one country are used in other countries as well. This phenomenon is becoming the key factor for increased interest on cross-cultural, or cross-national, research within the IT area. However, as the IT market is becoming bigger and more globalized, a great number of IT practitioners are having difficulty in designing and developing devices or systems which can provide optimal experience. This is because not only tangible factors such as language and a country's economic or industrial power affect the user experience of a certain device or system but also invisible and intangible factors as well. Among such invisible and intangible factors, the cultural characteristics of users from different countries may affect the user experience of certain devices or systems because cultural characteristics affect how they understand and interpret the devices or systems. In other words, when users evaluate the quality of overall user experience, the cultural characteristics of each user act as a perceptual lens that leads the user to focus on a certain elements of experience. Therefore, there is a need within the IT field to consider cultural characteristics when designing or developing certain devices or systems and plan a strategy for localization. In such an environment, existing IS studies identify the culture with the country, emphasize the importance of culture in a national level perspective, and hypothesize that users within the same country have same cultural characteristics. Under such assumptions, these studies focus on the moderating effects of cultural characteristics on a national level within a certain theoretical framework. This has already been suggested by cross-cultural studies conducted by scholars such as Hofstede(1980) in providing numerical research results and measurement items for cultural characteristics and using such results or items as they increase the efficiency of studies. However, such national level culture has its limitations in forecasting and explaining individual-level behaviors such as voluntary device or system usage. This is because individual cultural characteristics are the outcome of not only the national culture but also the culture of a race, company, local area, family, and other groups that are formulated through interaction within the group. Therefore, national or nationally dominant cultural characteristics may have its limitations in forecasting and explaining the cultural characteristics of an individual. Moreover, past studies in psychology suggest a possibility that there exist different cultural characteristics within a single individual depending on the subject being measured or its context. For example, in relation to individual vs. collective characteristics, which is one of the major cultural characteristics, an individual may show collectivistic characteristics when he or she is with family or friends but show individualistic characteristics in his or her workplace. Therefore, this study acknowledged such limitations of past studies and conducted a research within the framework of 'theoretically integrated model of user satisfaction and emotional attachment', which was developed through a former study, on how the effects of different experience elements on emotional attachment or user satisfaction are differentiated depending on the individual cultural characteristics related to a system or device usage. In order to do this, this study hypothesized the moderating effects of four cultural dimensions (uncertainty avoidance, individualism vs, collectivism, masculinity vs. femininity, and power distance) as suggested by Hofstede(1980) within the theoretically integrated model of emotional attachment and user satisfaction. Statistical tests were then implemented on these moderating effects through conducting surveys with users of four digital devices (mobile phone, MP3 player, LCD TV, and refrigerator) in three countries (US, Germany, and Russia). In order to explain and forecast the behavior of personal device or system users, individual cultural characteristics must be measured, and depending on the target device or system, measurements must be measured independently. Through this suggestion, this study hopes to provide new and useful perspectives for future IS research.

• The Korean Journal of Nuclear Medicine
• /
• v.38 no.3
• /
• pp.241-252
• /
• 2004

Purpose: Population based structural and functional maps of the brain provide effective tools for the analysis and interpretation of complex and individually variable brain data. Brain MRI and PET standard templates and statistical probabilistic maps based on image data of Korean normal volunteers have been developed and probabilistic maps based on cytoarchitectonic data have been introduced. A quantification method using these data was developed for the objective assessment of regional intensity in the brain images. Materials and Methods: Age, gender and ethnic specific anatomical and functional brain templates based on MR and PET images of Korean normal volunteers were developed. Korean structural probabilistic maps for 89 brain regions and cytoarchitectonic probabilistic maps for 13 Brodmann areas were transformed onto the standard templates. Brain FDG PET and SPGR MR images of normal volunteers were spatially normalized onto the template of each modality and gender. Regional uptake of radiotracers in PET and gray matter concentration in MR images were then quantified by averaging (or summing) regional intensities weighted using the probabilistic maps of brain regions. Regionally specific effects of aging on glucose metabolism in cingulate cortex were also examined. Results: Quantification program could generate quantification results for single spatially normalized images per 20 seconds. Glucose metabolism change in cingulate gyrus was regionally specific: ratios of glucose metabolism in the rostral anterior cingulate vs. posterior cingulate and the caudal anterior cingulate vs. posterior cingulate were significantly decreased as the age increased. 'Rostral anterior'/'posterior' was decreased by 3.1% per decade of age ($P<10^{-11}$, r=0.81) and 'caudal anterior'/'posterior' was decreased by 1.7% ($P<10^{-8}$, r=0.72). Conclusion: Ethnic specific standard templates and probabilistic maps and quantification program developed in this study will be useful for the analysis of brain image of Korean people since the difference in shape of the hemispheres and the sulcal pattern of brain relative to age, gender, races, and diseases cannot be fully overcome by the nonlinear spatial normalization techniques.

• Journal of the Society of Cosmetic Scientists of Korea
• /
• v.44 no.3
• /
• pp.349-362
• /
• 2018

An annual plant, Eclipta prostrata (Linn) is a member of the Asteraceae plant family and inhabited in tropical or subtropical regions of the world. Through many previous researches, E. prostrata has been extensively studied for its hepatoprotective effect, antivenom potential against viper venom, antioxidant, hair-growth, wound-healing efficacy and so on. In this study, for better understanding of the potential of E. prostrata as skin protectant, we conducted the experiments evaluating the antioxidant and antiaging efficacy. To this end, 50% ethanolic extract of E. prostrata and its ethyl acetate fraction were prepared and investigated. For the evaluation of antioxidant capacity of the samples, $FSC_{50}$ and $OSC_{50}$ were estimated. As a result, $OSC_{50}$ of ethyl acetate fraction was 2.7 times superior to $OSC_{50}$ of L-ascorbic acid, a well known antioxidant agent. Futhermore E. prostrata showed notable reactive oxygen species (ROS) scavenging effect and protective effect against $H_2O_2$ in the celluar level as well. Especially, in the $^1O_2$ induced hemolysis test, $64{\mu}g/mL$ of ethyl acetate fraction showed greater than 6 times increased retardation effect compare to control which means E. prostrata has remarkable antioxidant capacity. To validate the antiaging effect of the samples, we conducted elastase inhibition assay using elastase solution extracted from human skin fibroblasts, Hs68. As a result, $16{\mu}g/mL$ of each sample showed 6.8% and 14.0% of elastase inhibition respectively. Finally, antimicrobial activity of E. prostrata was assessed to validate the possibility as alternative preservative. From the result, ethyl acetate fraction showed oustanding antimicrobial activity as of methyl paraben, a well known chemical preservative. In conclusion, these results suggest that E. prostrata can be used as natural skin protectant or preservative as natural ingredient in food or cosmetics industry.

• Economic and Environmental Geology
• /
• v.40 no.2 s.183
• /
• pp.153-170
• /
• 2007

Loading time and loading environment of the Dokdo seamounts were studied from flexure model and VGP(Virtual Geomagnetic Pole) determined by gravity and magnetic data. In spite of their similarity in size. a large difference about 50 mGal between gravity anomaly peaks of Dokdo and the Isabu Tablemount suggests different compensation degrees. Flexural modeling results show that the flexural rigidity(effective elastic thickness) of lithosphere for Dokdo is stronger(thicker) than that for the Isabu Tablemount. Also, it implies that the age of lithosphere at the time of loading of the Isabu Tablemount may be younger than that of Dokdo. Magnetic anomalies occur complicated over the Dokdo seamounts. Paleomagnetism was studied from VGP estimated by the least square and the seminorm magnetization methods with 1500 m upward continued magnetic anomalies. Age dating of Dokdo from previous study, flexural modeling, VGP, and geomagnetic polarity time scale suggest that after the cease of spreading in the Ulleung Basin, the Isabu Tablemount was formed first in normal polarity interval and followed by Dokdo. Also, they indicate that the fist large eruption of Dokdo was in normal polarity interval and the second large eruption in reversed polarity interval. The Simheungtaek Tablemount was formed in normal polarity interval between the formations of the Isabu Tablemount and Dokdo. These loading times for the Dokdo seamounts show a good coherence with the compressive stress period after the end of the opening of the East Sea. The Dokdo seamounts probably was caused by volcanism associated with the compressive stress.

• Korean Security Journal
• /
• no.31
• /
• pp.157-185
• /
• 2012

Today, the emergence of cyberspace and advancement of globalization caused not only the transformation of our productive and conventional life but also the revolutionary transition of use of destructive violence such as crime and warfare. This transition of environmental condition connects various security threats which separatedly existed in individual, local, national, and global levels in the past, and transformed the mechanical sum of all levels of security threats into the organic sum of multi-dimensional security threats. This article proposes that the sum of multi-dimensional security threats is caused by the interconnectivity of various different levels of security threats and the integrated interdisciplinary perspective is essential to properly understand the fundamental existence of today's security problem and the reality of fear that we face today. The holistic security, the concept proposed here, is to suggest the mode of networked response to multi-dimensional security threats. The holistic security is suggested to overcome the conventional divisional approach based on the principle of "division of labor" and bureaucratic principles, which means more concretely that national security and criminal justice are divided and intelligence, military, police, prosecution, fire-fighting, private security, and etc. are strictly separated into its own expertise and turf. Also, this article introduces integrated security approaches tried by international organization and major countries overseas with the respect of the holistic security. The author have spent some substantial experience of participant observation, meetings, seminar, conference, and expert interviews regarding the issues discussed in the article in various countries including the United States, Russia, Austria, Germany, Canada, Mexico, Israel, and Uzbekistan for the last ten years. Intelligence and information on various levels of security threats and security approaches introduced in this paper is obtained from such opportunities.

• Korean Security Journal
• /
• no.46
• /
• pp.113-140
• /
• 2016

Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

• Journal of Arbitration Studies
• /
• v.24 no.2
• /
• pp.33-52
• /
• 2014

Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.