• Title/Summary/Keyword: 운영자

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Can Lufthansa Successfully Limit its Liability to the Families of the Victims of Germanwings flight 9525 Under the Montreal Convention?

  • Gipson, Ronnie R. Jr.
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.279-310
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    • 2015
  • The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

The Effect of Cold Shock on Function and Morphology of Dog Epididymal Spermatozoa (개에서 cold shock이 정소상체유래의 정자의 기능과 형태에 미치는 영향)

  • Yu Il-jeoung
    • Journal of Veterinary Clinics
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    • v.21 no.4
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    • pp.329-335
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    • 2004
  • Dog spermatozoa were recovered from the caudae epididymides of 23 domestic dogs which were 11 pure breed and 12 mix-breed dogs ranging in age from 0.6 to 3 years. The experimental designs were as follows: 1) the effect of chilling to 0. 10 or 37$^{\circ}C$. 2) the kinetics of chilling injury at 0 or 4$^{\circ}C$, and 3) the effect of sugars at $0^{\circ}C$. Viable spermatozoa were recovered by percoll gradient separation and adjusted to 5${\times}$10$^{7}$ spermatozoa/ml. In experiment 1, spermatozoa were diluted with 0.33 M glucose supplemented with 3% BSA (G-BSA) at 1:2 dilution. Spermatozoa were loaded into straws and exposed at 0, 10 or 37$^{\circ}C$ for 30 min. In experiment 2, spermatozoa were prepared as the experiment 1 and exposed for 0.5, 5, 15, or 30 min at 0 or 4$^{\circ}C$. In experiment 3, spermatozoa were diluted with different sugars (0.33 M galactose, glucose, fructose, mannitol, lactose, sucrose, raffinose) and cooled to $0^{\circ}C$ for 30 min. Sperm membrane integrity, motility and acrosome integrity were assayed after rewarming at 37$^{\circ}C$ for 5 min. Sperm motility and membrane integrity abruptly decreased with decreasing temperature but acrosome integrity gradually decreased (P<0.05). Sperm motility was more sensitive to cold shock than membrane integrity and acrosome integrity. Spermatozoa cooled to $0^{\circ}C$ were more damaged than those at 4$^{\circ}C$. Sperm motility was not different among exposed times at both. 0 and 4$^{\circ}C$. However, membrane integrity of spermatozoa exposed for 30 min at both 0 and 4$^{\circ}C$ was significantly lower (P<0.05). Spermatozoa diluted in 0.33 M fructose or galactose showed lower motility and higher morphological abnormality with coiled tail at $0^{\circ}C$. These sperm characteristics were strongly related. These results indicate that dog epididymal spermatozoa are relatively sensitive to rapid cooling and higher morphological abnormality at $0^{\circ}C$ was shown in spermatozoa diluted in fructose and galactose.

A Brief Empirical Verification Using Multiple Regression Analysis on the Measurement Results of Seaport Efficiency of AHP/DEA-AR (다중회귀분석을 이용한 AHP/DEA-AR 항만효율성 측정결과의 실증적 검증소고)

  • Park, Ro-kyung
    • Journal of Korea Port Economic Association
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    • v.32 no.4
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    • pp.73-87
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    • 2016
  • The purpose of this study is to investigate the empirical results of Analytic Hierarchy Process/Data Envelopment Analysis-Assurance Region(AHP/DEA-AR) by using multiple regression analysis during the period of 2009-2012 with 5 inputs (number of gantry cranes, number of berth, berth length, terminal yard, and mean depth) and 2 outputs (container TEU, and number of direct calling shipping companies). Assurance Region(AR) is the most important tool to measure the efficiency of seaports, because individual seaports are characterized in terms of inputs and outputs. Traditional AHP and multiple regression analysis techniques have been used for measuring the AR. However, few previous studies exist in the field of seaport efficiency measurement. The main empirical results of this study are as follows. First, the efficiency ranking comparison between the two models (AHP/DEA-AR and multiple regression) using the Wilcoxon signed-rank test and Mann-Whitney signed-rank sum test were matched with the average level of 84.5 % and 96.3% respectively. When data for four years are used, the ratios of the significant probability are decreased to 61.4% and 92.5%. The policy implication of this study is that the policy planners of Korean port should introduce AHP/DEA-AR and multiple regression analysis when they measure the seaport efficiency and consider the port investment for enhancing the efficiency of inputs and outputs. The next study will deal with the subjects introducing the Fuzzy method, non-radial DEA, and the mixed analysis between AHP/DEA-AR and multiple regression analysis.

An Economic Analysis of Wildlife Rearing Farmhouses in Korea (Deer, Pheasant, Wild Boar and Fox Rearing Farmhouses) (야생조수(野生鳥獸) 인공사육농가(人工飼育農家)의 경영실태분석(經營實態分析)(사슴, 꿩, 멧돼지와 여우 사육농가(飼育農家)를 중심(中心)으로))

  • Kwak, Kyung Ho;Cho, Eung Hyouk;Kim, Se Bin;Oh, Kyoung Su
    • Korean Journal of Agricultural Science
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    • v.20 no.1
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    • pp.25-33
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    • 1993
  • This study was conducted to obtain necessary informations for improving of wildlife rearing management. The data was gathered by surveying with questionaire. One hundred and eighty farmers which was 60 of deer and pheasant, 30 of wild boar and fox rearing farmers respectively were investigated during the summer in 1992. The results of this study are as follows : 1. Most of managers considered their rearing as a side job but agriculture was appointed as a main job from most of them except wild boar managers. 2. The major cost items were breeding stock and feeding which occupied over than half. 3. The yearly profit was the highest in deer(25.5%) but the lowest in wild boar(10.3%). 4. The break-even point was the highest in wild boar(24 mil. won) but the lowest in pheasant(7.3 mil. won). 5. The optimum sales scale for a year was deer(11 heads), Pheasant(1,027 heads), Wild boar(69 heads) and Fox (102 heads).

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A Study on Nursing Students' Dental-Health Knowledge on and Attitude to the Major Oral Diseases Management (양대구강병 관리에 대한 간호과 학생의 구강보건 지식 및 태도에 관한 연구)

  • Choi, Bu-geun;Hwang, Yoon-sook
    • Journal of dental hygiene science
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    • v.1 no.1
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    • pp.21-27
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    • 2001
  • The purpose of this study was to explore some of the right directions for school dental-health education, by examining nursing students' knowledge on and attitude to the two major oral diseases in our country, dental caries and periodontal disease, as they will take charge of dental-health education and care for children in school dental-health center as sole expert health personnels after graduation. As a result of making an analysis of their knowledge and attitude, the following findings were acquired: (1) The students investigated perceived their oral cavity to tend to be healthy(36.8%) or in moderate situation(36.3%), although they had a subjective symptom for hot or cold food. (2) They thought dental caries is attributed to poor dental hygiene care(90.4%). Among them, 94.1% found toothbrushing effective for the prevention of dental caries, but just 40.2% agreed that toothbrush should be straight. (3) Those who considered fluoride effective for dental caries prevention thought the best way to use fluoride is taking fluoride-containing tap water(2.00). The second best way was fluoride mouth rinse(2.40), followed by the topical application of fluoride(2.70), use of fluoride dentifrice, and intake of fluoride(4.30) in the order named. (4) The regular examination and toothbrushing were mentioned as a way to prevent dental caries, but just toothbrushing was put in action for dental health. So their knowledge and actual attitude weren't the same. (5) They brushed their teeth for oral health(94.3%). Toothbrushing was done after breakfast(71.9%) or before bedtime(65.8%). Just 40.3% performed toothbrushing after lunch. That was implemented twice(35.7%) or three times(37.6%) a day. (6) Out of those who pointed out toothbrushing as a way to prevent periodontal diseases(84.7%), the effect of toothbrushing on the prevention of periodontitis wasn't supported by 7.1% of those who completed the course of study for the teaching profession and by 17.0% of the others who didn't. The two groups weren't of the same opinion. The above-mentioned findings suggest that the dental knowledge of the nursing students wasn't good enough to be properly responsible for school children's dental health care. In particular, there was a gap between knowledge and attitude. To improve children's poor dental health and help their oral cavity stay healthy, there is a need to activate school dental-health center, which is now in model operation, and to make the most of dental hygienists, who are educated to be a dental-health specialist, for more successful dental-health care for school children.

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The Effective Resonance of Caves & Records of a Cave Concert (동굴의 자연음향 효과, 그리고 음악회장 운영사례)

  • Hyun, Haeng-Bok
    • Journal of the Speleological Society of Korea
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    • no.95
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    • pp.35-49
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    • 2009
  • Ever since the beginning of time, caves not only have offered a place to live for humans but they have also been used as cultural spaces. That is, in the event of making some sounds in a location within the cave, the sound that is created is greatly magnified and sounds out as if it is being amplified from a giant megaphone. This, as we well know it, is known as the resonance effect. Here, the cave itself appears to function as a massive wind instrument. Especially in cases like the Altamira Cave (Spain) where cave paintings were found, the point where the cave drawings were found has commonalities in that it is a wide space and that it is usually discovered together with flutes and drums that are made with mammoth bones. We need to focus on this point. We can infer from these facts that the prehistoric people have carried out cultural activities along with their incantation rituals within those caves. In the meantime, amongst the Korean traditional arts, in the case of pansori which is a representative vocal genre, there have been examples where caves were used as practicing locations for those people who are training to perfect their singing. This is known as toguldoggong(土窟獨功) which literally means 'obtaining one's own art by oneself in the earth cave by practicing incessantly'. This process along with pokpodoggong (瀑布獨功) (same as above except that the location is by the waterfall) is the final training stage in order to become a recognized virtuoso on the part of the apprentice. This could be compared to the final annealing and finishing process of producing a metalwork. This has been a long tradition followed by most Korean traditional artists in order to perfect their sound which is harmonious with nature within natural surroundings. By honing in on this point, I have come to think about this matter repeatedly while coaching the university students in vocal singing. In short, I came to the conclusion that "the making of natural sounds will be obtained naturally within natural surroundings like caves!" Consequently, The Society for Studying Cave Sounds was inaugurated on January 1992 along with some of my students. We made use of times like vacations to go around exploring caves all over Jeju and carried out investigations of sounds along with cave exploration on an experimental basis. After 5 years, in September of 1997, we were able to host the first ever cave concert domestically at the Whale Nostril Cave(東岸鯨窟) on Wu-do. After that, we have been hosting the cave concert once every year. We have achieved a record of a total of 14 cave concerts until 2009 of this year. Out of these, 2 were held in Seokhwaeam Cave in Kangwon Province, another two were held in Manjang Cave which is a lava cave, and the remaining 10 were held in the Whale Nostril Cave of Wu-do. Along with that, I have carried out a special recording for the production of a cave music CD in May of 1999. This paper was written and organized by using the main materials that were derived from the experiences of using caves as concert halls in the past. It is hoped that this cave concert will offer a very unique experience to tourists who come to Jeju every year and give them the best possible superior natural sound effect that only Jeju caves can offer.

Evaluation of Tumor Registry Validity in Samsung Medical Center Radiation Oncology Department (삼성서울병원 방사선종양학과 종양등록 정보의 타당도 평가)

  • Park Won;Huh Seung Jae;Kim Dae Yong;Shin Seong Soo;Ahn Yong Chan;Lim Do Hoon;Kim Seonwoo
    • Radiation Oncology Journal
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    • v.22 no.1
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    • pp.33-39
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    • 2004
  • Purpose : A tumor registry system for the patients treated by radiotherapy at Samsung Medical Center since the opening of a hospital at 1994 was employed. In this study, the tumor registry system was introduced and the validity of the tumor registration was analyzed. Materials and Methods: The tumor registry system was composed of three parts: patient demographic, diagnostic, and treatment Information. All data were input in a screen using a mouse only. Among the 10,000 registered cases in the tumor registry system until Aug, 2002, 199 were randomly selected and their registration data were compared with the patients' medical records. Results : Total input errors were detected on 15 cases (7.5%). There were 8 error items In the part relating to diagnostic Information: tumor site 3, pathology 2, AJCC staging 2 and performance status 1. In the part relating to treatment information there were 9 mistaken items: combination treatment 4, the date of initial treatment 3 and radiation completeness 2. According to the assignment doctor, the error ratio was consequently variable. The doctors who 010 no double-checks showed higher errors than those that 010 (15.6%:3.7%). Conclusion: Our tumor registry had errors within 2% for each Item. Although the overall data qualify was high, further improvement might be achieved through promoting sincerity, continuing training, periodic validity tests and keeping double-checks. Also, some items associated with the hospital Information system will be input automatically In the next step.

Effect of the Characteristics of Organizational Support on Company HRD Education & Training Program (기업 HRD 교육훈련 프로그램의 조직지원 특성에 따른 효과성)

  • Ryu, Seok-Woo;Yang, Hea-Sool
    • The Journal of the Korea Contents Association
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    • v.12 no.6
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    • pp.497-507
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    • 2012
  • This study aims to verify how the characteristics of organizational supporting unit affect the effectiveness of company-wide HRD Education & Training program. To achieve this objective, we performed an empirical analysis, with the characteristics of organizational supporting unit comprising supervisor's support, job support, and company support as independent variables, and with the level of reaction stage, learning stage, transfer stage, and result stage as dependent variables. Empirical data was collected during the period from August 16, 2011 to September 9, 2011 by sending out questionnaires to employees of 5 securities firms listed on KOSDAQ where online and offline education & training program is running year-round with headquarter in Seoul. A total of 340 questionnaires were sent out three times for the survey, and total of 164 questionnaires were sampled for the final analysis. According to the outcome of the analysis, regarding the first hypothesis that tries to reveal how the characteristics affect the level of reaction stage, it is verified that all of supervisor's support, job support and company support have positive impact on the level of reaction stage with p value less than 0.01. In regard to the second hypothesis that tries to see how the characteristics affect the level of learning stage, it is confirmed that supervisor's support, job support and company support have significant impact on the level of learning stage with p value less than 0.05 or 0.01, respectively. Concerning the third hypothesis that aims to investigate how the characteristics affect the level of transfer stage, it is appeared that all of supervisor's support, job support and company support have positive impact on the level of transfer stage. And lastly, as for the fourth hypothesis that tries to see how the characteristics affect the level of result stage, it is analyzed that supervisor's support, job support and company support have positive impact on the level of result stage with p value less than 0.01. This study reconfirm the outcomes of previous research, which is that the effectiveness of company-wide education & training program depends not only on the contents and quality of education & training program, but also more importantly on the role of organizational supporting unit, and the working environment where what is learned in classroom can be applied to real business. Companies or experts that run education & training program in real world should recognize that the performance of training is dependent more significantly on the characteristics of organizational supporting unit rather than the design or features of education & training program.

Assessment of Foodservice and Cooking Program for Children Attending Community Child Centers in Korea (지역아동센터를 이용하는 아동을 위한 급식 및 요리활동 프로그램의 적용효과 평가)

  • Kwon, Sooyoun;Yeoh, Yoonjae
    • Journal of the East Asian Society of Dietary Life
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    • v.26 no.3
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    • pp.223-229
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    • 2016
  • This study aimed to evaluate the effectiveness of a foodservice and cooking program for children attending community child centers in Korea. The foodservice and cooking program included a reference menu, nutrition and hygiene class for foodservice managers, as well as cooking classes for children during the winter or summer vacation in 2015. In order to evaluate the program, a survey was conducted before and after the program. A total of 1,120 children who participated in the program completed questionnaires regarding eating behaviors, food intake, and their opinions and levels of satisfaction with the program. The scores of children's eating behaviors increased significantly from 59.71 to 63.62 out of 85 points (p<0.001). A significant increase was detected in children's food intake. Vegetable intake, which received the lowest scores, increased significantly from 3.63 to 3.81 out of 5 points (p<0.001). The score for opinions and satisfaction concerning the program was 28.34 out of 35 points. These results suggest that the foodservice and cooking program could be helpful in promoting healthy food habits in children attending community child centers.

Negligence theory of Aviation accident with reference to the japanese aviation accident precedent (항공 사고에서의 과실 이론 - 일본 항공 사고 판례를 중심으로 -)

  • Hwang, Ho-Won;Ham, Se-Hun
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.115-136
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    • 2008
  • The development of the aviation technology is beyond the people's imagination. For example, with some exaggeration, If the autopilot engage upon take off, You will realize that you are on the centerline of the foggy JFK runway 13R after 15 hours with only once or twice of intervention. But the more aviation technology develops, the more responsible the pilot will be who has the final authority of the aviation safety. In the JAL 706 accident caused by unidentified reason, the pilot increased pitch abruptly and overrode the control from the autopilot. The result of this process made the death of a flight attendant and some injuries of a few passengers. The district court found the pilot not guilty at the first trial on the ground that the control override was not connected to the possibility of foresight and avoidance of the human death. The pilot was proved to be innocent through the analysis of the DFDR and ADAS that the override did not precede the unidentified pitch up motion. The judicial precedent related to aviation accidents in Korea requires pilots' absolute and extended care compared to the ordinarily prudent or reasonably careful behaviors in the vehicle and medical accidents. Although there is some controversy about the standard care, the care required in the actual operation of high tech aircraft by a pilot should include objective and standard care and be judged by analysis of the scientific data. Although the pilot maintained the unusual hi speed that doesn't have safety margin and descended under turbulence in case of the JAL 706 accident, the court negatived its relation to the cause of pitch up. Also, the override of the control after initial pitch up might have caused the possibility of the death and injury, but the court denied it. Because of this complex cause of the aviation accidents, it is important for a court to figure out the core reason of the event and casual relationship with the pilot Now, It is required that the judgement of negligence in the aviation accidents should include an objective care with scientific data from simulated circumstances(or a simulator) as the Japanese court not from the theory of vehicle's negligence.

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