• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.67-95
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• 2014

Some Contracting States of the Chicago Convention issue FAOC(Foreign Air Operator Certificate) and conduct various safety assessments for the safety of the foreign operators which operate to their state. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident. FAOC also burdens the other contracting States to the Chicago Convention due to additional requirements and late permission. EASA(European Aviation Safety Agency) is a body governed by European Basic Regulation. EASA was set up in 2003 and conduct specific regulatory and executive tasks in the field of civil aviation safety and environmental protection. EASA's mission is to promote the highest common standards of safety and environmental protection in civil aviation. The task of the EASA has been expanded from airworthiness to air operations and currently includes the rulemaking and standardization of airworthiness, air crew, air operations, TCO, ATM/ANS safety oversight, aerodromes, etc. According to Implementing Rule, Commission Regulation(EU) No 452/2014, EASA has the mandate to issue safety authorizations to commercial air carriers from outside the EU as from 26 May 2014. Third country operators (TCO) flying to any of the 28 EU Member States and/or to 4 EFTA States (Iceland, Norway, Liechtenstein, Switzerland) must apply to EASA for a so called TCO authorization. EASA will only take over the safety-related part of foreign operator assessment. Operating permits will continue to be issued by the national authorities. A 30-month transition period ensures smooth implementation without interrupting international air operations of foreign air carriers to the EU/EASA. Operators who are currently flying to Europe can continue to do so, but must submit an application for a TCO authorization before 26 November 2014. After the transition period, which lasts until 26 November 2016, a valid TCO authorization will be a mandatory prerequisite, in the absence of which an operating permit cannot be issued by a Member State. The European TCO authorization regime does not differentiate between scheduled and non-scheduled commercial air transport operations in principle. All TCO with commercial air transport need to apply for a TCO authorization. Operators with a potential need of operating to the EU at some time in the near future are advised to apply for a TCO authorization in due course, even when the date of operations is unknown. For all the issue mentioned above, I have studied the function of EASA and EU Regulation including TCO Implementing Rule newly introduced, and suggested some proposals. I hope that this paper is 1) to help preparation of TCO authorization, 2) to help understanding about the international issue, 3) to help the improvement of korean aviation regulations and government organizations, 4) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

• Atmosphere
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• v.33 no.2
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• pp.275-295
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• 2023

In Korea, there are four institutions related to atmospheric science: the university's atmospheric science-related department, the Korea Meteorological Administration (KMA), the ROK Air Force Weather Group, and the Meteorological Industry Association. These four institutions have developed while maintaining a deep cooperative relationship with the Korea Meteorological Society (KMS) for the past 60 years. At the university, 6,986 bachelors, 1,595 masters, and 505 doctors, who are experts in meteorology and climate, have been accredited by 2022 at 7 universities related to atmospheric science. The KMA is carrying out national meteorological tasks to protect people's lives and property and foster the meteorological industry. The ROK Air Force Weather Group is in charge of military meteorological work, and is building an artificial intelligence and space weather support system through cooperation with universities, the KMA, and the KMS. Although the Meteorological Industry Association has a short history, its members, sales, and the number of employees are steadily increasing. The KMS greatly contributed to raising the national meteorological service to the level of advanced countries by supporting the development of universities, the KMA, the Air Force Meteorological Agency, and the Meteorological Industry Association.

• Journal of Astronomy and Space Sciences
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• v.20 no.1
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• pp.29-42
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• 2003

The KSR-3 magnetometers consist of the fluxgate magnetometer (MAG/AIM) for acquiring the rocket flight attitude information, and the search-coil magnetometer (MAG/SIM) for the observation of the Earth's magnetic fluctuations. The position (latitude, longitude, and height) and flight condition (the transformation angle) of the rocket is measured after the data based on these two magnetometers are compared with IGRF The gap in the vector of magnetic field between the position of the launching point and an impact point is taken into account in data reduction. Angular variation of pitch, yaw, and roll can be researched when the data is applied to the coordinate system of the rocket.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.37-81
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• 2015

AirAsia QZ8501 Jet departed from Juanda International Airport in, Surabaya, Indonesia at 05:35 on Dec. 28, 2014 and was scheduled to arrive at Changi International Airport in Singapore at 08:30 the same day. The aircraft, an Airbus A320-200 crashed into the Java Sea on Dec. 28, 2014 carrying 162 passengers and crew off the coast of Indonesia's second largest city Surabaya on its way to Singapore. Indonesia's AirAsia jet carrying 162 people lost contact with ground control on Dec. 28, 2014. The aircraft's debris was found about 66 miles from the plane's last detected position. The 155 passengers and seven crew members aboard Flight QZ 8501, which vanished from radar 42 minutes after having departed Indonesia's second largest city of Surabaya bound for Singapore early Dec. 28, 2014. AirAsia QZ8501 had on board 137 adult passengers, 17 children and one infant, along with two pilots and five crew members in the aircraft, a majority of them Indonesian nationals. On board Flight QZ8501 were 155 Indonesian, three South Koreans, and one person each from Singapore, Malaysia and the UK. The Malaysia Airlines Flight 370 departed from Kuala Lumpur International Airport on March 8, 2014 at 00:41 local time and was scheduled to land at Beijing's Capital International Airport at 06:30 local time. Malaysia Airlines also marketed as China Southern Airlines Flight 748 (CZ748) through a code-share agreement, was a scheduled international passenger flight that disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing's Capital International Airport (a distance of 2,743 miles: 4,414 km). The aircraft, a Boeing 777-200ER, last made contact with air traffic control less than an hour after takeoff. Operated by Malaysia Airlines (MAS), the aircraft carried 12 crew members and 227 passengers from 15 nations. There were 227 passengers, including 153 Chinese and 38 Malaysians, according to records. Nearly two-thirds of the passengers on Flight 370 were from China. On April 5, 2014 what could be the wreckage of the ill-fated Malaysia Airlines was found. What appeared to be the remnants of flight MH370 have been spotted drifting in a remote section of the Indian Ocean. Compensation for loss of life is vastly different between US. passengers and non-U.S. passengers. "If the claim is brought in the US. court, it's of significantly more value than if it's brought into any other court." Some victims and survivors of the Indonesian and Malaysia airline's air crash case would like to sue the lawsuit to the United States court in order to receive a larger compensation package for damage caused by an accident that occurred in the sea of Java sea and the Indian ocean and rather than taking it to the Indonesian or Malaysian court. Though each victim and survivor of the Indonesian and Malaysia airline's air crash case will receive an unconditional 113,100 Unit of Account (SDR) as an amount of compensation for damage from Indonesia's AirAsia and Malaysia Airlines in accordance with Article 21, 1 (absolute, strict, no-fault liability system) of the 1999 Montreal Convention. But if Indonesia AirAsia airlines and Malaysia Airlines cannot prove as to the following two points without fault based on Article 21, 2 (presumed faulty system) of the 1999 Montreal Convention, AirAsia of Indonesiaand Malaysia Airlines will be burdened the unlimited liability to the each victim and survivor of the Indonesian and Malaysia airline's air crash case such as (1) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents, or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. In this researcher's view for the aforementioned reasons, and under the laws of China, Indonesia, Malaysia and Korea the Chinese, Indonesian, Malaysia and Korean, some victims and survivors of the crash of the two flights are entitled to receive possibly from more than 113,100 SDR to 5 million US$ from the two airlines or from the Aviation Insurance Company based on decision of the American court. It could also be argued that it is reasonable and necessary to revise the clause referring to bodily injury to a clause mentioning personal injury based on Article 17 of the 1999 Montreal Convention so as to be included the mental injury and condolence in the near future.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.59-158
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• 2005

When a military aircraft suffers damages due to the defects in its design, manufacturing or notification, all of which are generally understood as products liability defects, the obvious compensation is sought as it would in other consumer good case. However, there exist clear yet unappreciated difference between general consumer goods and military aircraft, as far as products liability law is concerned - some sort of recovery should be obtained even when there exist only defects, not damages, to the aircraft because of the implication of defective parts is much grave than what can be expected in a consumer goods case. While certain anticipatory measures do exist in manual or at negotiation stages for the safety of military aircraft, such measures are ineffective, if not ambiguous, in recovery effort in the post-accident stage In another word, the standardized military procurement contract manuals and boilerplate forms do not appreciate the unique and dangerous military nature of military aircraft. There are many unique legal issues which can arise when trying to prevent defective aircraft or parts, or to recover compensations for accident due to such defects. At two-level, the government should establish legal system (or countermeasures if you'd like) for purchasing safer military aircraft. First, one should be able to work with legal ground and policy that allows selecting and purchasing safer goods - the purpose of such contract is not litigious, but rather in acquiring what are most reliable. Second, in case the defects do arise and lead to damages, solid legal principles and instructions should be established for effectively pursuing appropriate company, (usually a aerospace industry giant with much experience) for products liability - the purpose of such pursuit is inevitable for a public official, since he or she is no private business man with much flexibilities, even to the point of waiving such compensatory right for future business purposes. This article tries to identify problems in methods of procuring military aircraft or parts - after reviewing on how the military can improve on legal and policy grounds for procuring what will be the focus of future military strength, it will offer some of the ways to effectively handling and resolving a liability issues.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.225-285
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• 2017

In regard to the regulations related to the RPA(Remotely Piloted Aircraft), which is sometimes called in other countries as UA(Unmanned Aircraft), ICAO stipulates the regulations in the 'RPAS manual (2015)' in detail based on the 'Chicago Convention' in 1944, and enacts provisions for the Rules of UAS or RPAS. Other contries stipulates them such as the Federal Airline Rules (14 CFR), Public Law (112-95) in the United States, the Air Transport Act, Air Transport Order, Air Transport Authorization Order (through revision in "Regulations to operating Rules on unmanned aerial System") based on EASA Regulation (EC) No.216/2008 in the case of unmanned aircaft under 150kg in Germany, and Civil Aviation Act (CAA 1998), Civil Aviation Act 101 (CASR Part 101) in Australia. Commonly, these laws exclude the model aircraft for leisure purpose and require pilots on the ground, not onboard aricraft, capable of controlling RPA. The laws also require that all managements necessary to operate RPA and pilots safely and efficiently under the structure of the unmanned aircraft system within the scope of the regulations. Each country classifies the RPA as an aircraft less than 25kg. Australia and Germany further break down the RPA at a lower weight. ICAO stipulates all general aviation operations, including commercial operation, in accordance with Annex 6 of the Chicago Convention, and it also applies to RPAs operations. However, passenger transportation using RPAs is excluded. If the operational scope of the RPAs includes the airspace of another country, the special permission of the relevant country shall be required 7 days before the flight date with detail flight plan submitted. In accordance with Federal Aviation Regulation 107 in the United States, a small non-leisure RPA may be operated within line-of-sight of a responsible navigator or observer during the day in the speed range up to 161 km/hr (87 knots) and to the height up to 122 m (400 ft) from surface or water. RPA must yield flight path to other aircraft, and is prohibited to load dangerous materials or to operate more than two RPAs at the same time. In Germany, the regulations on UAS except for leisure and sports provide duty to avoidance of airborne collisions and other provisions related to ground safety and individual privacy. Although commercial UAS of 5 kg or less can be freely operated without approval by relaxing the existing regulatory requirements, all the UAS regardless of the weight must be operated below an altitude of 100 meters with continuous monitoring and pilot control. Australia was the first country to regulate unmanned aircraft in 2001, and its regulations have impacts on the unmanned aircraft laws of ICAO, FAA, and EASA. In order to improve the utiliity of unmanned aircraft which is considered to be low risk, the regulation conditions were relaxed through the revision in 2016 by adding the concept "Excluded RPA". In the case of excluded RPA, it can be operated without special permission even for commercial purpose. Furthermore, disscussions on a new standard manual is being conducted for further flexibility of the current regulations.

• Proceedings of the Korean Institute of Surface Engineering Conference
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• 2017.05a
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• pp.165-165
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• 2017

지난 수 십 년 동안, 전 세계적으로 자원의 소비가 급격히 증가하게 되면서 최근 자원 고갈은 물론 환경오염이 커다란 이슈로 문제가 되고 있다. 이에 따라 재료 관련 분야에 있어서는 보다 효율적이고 친환경적인 방법으로 자원을 활용해야 된다는 필요성이 대두되었고 이와 같은 관점에서 목적하는 성분이 우수하고 환경 친화적인 표면처리 재료 개발연구가 활발하게 진행되고 있는 실정이다. 그 중 플라즈마 전해 산화(Plasma Electrolytic Oxidation, PEO)는 알루미늄, 마그네슘 등의 경금속의 경도를 향상시키고 높은 내마모성, 내식성을 갖게 하는 표면처리로써 그 관심이 증가하고 있다. 이 플라즈마 전해 산화는 일반적으로 공정비용 대비 효과적이고 환경 친화적이며 코팅 성능 면에서 우수하다고 알려져 있다. 이러한 고유한 특성으로 인해 플라즈마 전해 산화 코팅은 최근 몇 년 동안 기계, 자동차, 우주항공, 의학 및 전기 산업 등의 분야에서 그 적용이 점차 증가하고 있는 상황이다. 한편, 플라즈마 전해 산화 코팅을 하는 모재들의 경우 부동태 산화피막을 용이하게 형성할 수 있는 특성의 모재에 한정되고 있어서 그 응용확대에 한계가 있는 것이 사실이다. 따라서 본 연구에서는 플라즈마 전해 산화법을 사용하여 용융알루미늄도금 강판 상에 산화피막 형성을 시도하였다. 전원공급 장치의 양극은 전해질 속에 잠겨있는 작동전극에 연결하고 음극은 대전극 역할을 하는 스테인레스강 전해질 용기에 연결되었다. 전해질은 Sodium Aluminate 및 기타 첨가제를 함유한 것을 사용하였고 온도는 열교환기를 사용하여 $30^{\circ}C$ 이하로 유지되었다. 또한 여기서 전류밀도는 $5{\sim}10A/dm^2$, 실험 주파수는 700Hz, Duty cycle은 30 및 90%의 각 조건에서 공정처리 시간을 각각 30분 및 60분 동안 진행하였다. 이와 같은 조건에서 형성한 막들에 대해서는 주사형전자현미경(SEM)을 이용하여 코팅 막의 표면 및 단면의 모폴로지를 관찰하였음은 물론 EDS 및 XRD 측정을 통하여 원소조성분포 및 결정구조를 각각 분석하였다. 또한 이 코팅 막들에 대한 내식성은 5% 염수분무 환경 중 노출시험(Salt spray test), 3% NaCl 용액에서의 침지 시험 및 전기화학적 동전위 양극분극(Potentiodynamic Polarization) 시험을 진행하여 평가하였다. 이상의 실험결과에 의하면, 제작조건별 플라즈마 전해 산화 코팅 막의 모폴로지 및 결정구조가 상이하게 나타나는 것을 알 수 있었다. 코팅 막의 모폴로지 관찰 결과, 공정 시간에 비례하여 표면에 존재하는 원형 기공의 수는 감소하였으나 그 크기가 커지고 크레이터의 직경 또한 커진 것이 확인되었다. 이 기공은 마이크로 방전에 의해 형성된다고 알려져 있는데 공정 시간이 증가함에 따라 코팅 두께가 점차 증가하여 마이크로 방전의 빈도수가 줄어들고 그 강도는 증가하게 되어 기공 크기가 증가한 것으로 사료된다. 또한 공정시간이 긴 시편에서 표면에 크랙이 다수 존재하는 것으로 확인되었다. 이것은 방전에 의해 고온이 된 소재가 차가운 전해질과 만나게 되어 생긴 큰 온도구배로 인해 강한 열응력이 발생하여 균열을 초래한 것으로 보인다. 조성원소 분석 결과 원형 기공 주변의 크레이터 영역에는 알루미늄이 풍부하였으며 그 주변에 결절상을 갖는 구조에서는 전해질 성분의 원소가 포함되어 있는 것이 확인되었다. 이러한 코팅 막의 표면 특성은 내식성에 영향을 주게 된 원인으로 사료된다. 동전위 분극측정 결과에 의하면 플라즈마 전해 산화 공정 시간이 길어질수록 부식전류밀도가 증가하였다. 이것은 공정시간이 길어짐에 따라 강한 방전이 발생하여 기공의 크기가 증가하고 크랙이 발생하게 되면서 내식성이 저하된 것으로 판단된다. 종합적으로 재료특성 분석 및 내식성 평가를 분석한 결과, 플라즈마 전해 산화의 공정 시간이 너무 길게 되면 오히려 내식성은 저하되는 것이 확인되었다. 이상의 연구를 통하여 고내식 특성을 갖는 플라즈마 전해 산화 막의 유효성을 확인하였으며 용융알루미늄강판 상에 실시한 플라즈마 전해 산화 처리에 대한 기초적인 응용 지침을 제시할 수 있을 것으로 사료된다.

• Korean Journal of Heritage: History & Science
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• v.50 no.1
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• pp.18-41
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• 2017

The Gangjin WolnamSaji(月南寺址) is a small site where three-story pagodas and a destroyed tombstone remained. In 1973, it was discovered that the destroyed tombstone was that of the second master of Susunsa, Hye shim(慧諶), who had a special relationship with the military regime in Goryeo, and it once again attracted attention as a result of the recent excavation of the Rooftile of Yeonhwamun(蓮花文). In particular, the Windchime excavated in 2012 is a large-sized one group with a length of 23cm, and a relatively large Sanskrit character was decorated on four sides of the body. In addition, it was also confirmed in preservation process that the word 'gaecheon(盖天)' was engraved. The Sanskrit characters(梵字) om( , oṃ), a( , a), hum( , hūṃ), brum( , bhrūṃ) were decorated on the body of the Wind-chime excavated in WolnamSaji. Om( , oṃ), a( , a), hum( , hūṃ) are known as the Sammiljineon(三密眞言) and brum( , bhrūṃ) has the meaning of having the highest honor. In addition, the Sammiljineon(三密眞言) allows us to understand the truth by responding to the principle of universe, which is the Vairocana Buddha(毘盧遮那佛), and brum( , bhrūṃ) has the meaning of unity. In the end, the meaning of the Sanskrit decorating the four sides of the Wind-chime, of WolnamSaji(月南寺址), can be interpreted as the expression of the Buddha's doctrine, or the willingness to be combined with Buddha, the highest existence in itself. It is possible that the word 'gaecheon(盖天)' carved on the body can be regarded as the name of the master craftsman related to the making of the Wind-chime, but it is unlikely that it is the name of the master craftsman, considering that it is a place where the location is not easily seen. If so, you can think of the original function that the Wind-chime has. In other words, it can be interpreted symbolically and implicitly that the wish of the sound of the airwaves symbolized by the words of the Buddha covers the sky and spreads all over the place. It is thought that the Wind-chime excavated in WolnamSaji(月南寺址) was made in the mid to late 13th century considering the comparisons with another wind-chime excavated from the temple site, the historical situation in the late Goryeo, the publication date of the scriptures(經典) of Esoteric Buddhism(密敎).

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.9-39
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• 2003

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.