• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.31-66
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• 2008

Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.49-79
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• 2021

Due to defendant's wrongful act by implant surgery, plaintiff has been suffered serious damages to his face and teeth, and pain caused by establishing implanted teeth. Jeonju Appellate Court sentenced to pay future medical expenses and alimony to the plaintiff in compensation for breach of duty or torts. The ruling is designed to relieve the burden of proof because it is extremely difficult for non-experts to determine whether dentists violated their 'duty of care' or whether there was a causal relationship between damages to medial treatment. It was judged that if symptoms that contributed to the patient's significant outcome occurred during or after surgery, such symptoms could be presumed to have been caused by medical negligence if indirect facts were proven to be other than medical negligence. Originally, the shifting of burden of proof in Germany, has already been developed in medical malpractice case since 1940s. In order to guarantee the patients' right, §630h German Civil Code (BGB) - presumption of negligence in the realization of controllable risk- has been also legislated. BGH (Bundesgerichtshof) has been interested in ensuring that the principle of equality between patients and doctors. So, in this study, we wanted to refer to German precedent cases to analyzing Korean medical malpractice lawsuit. In particular, the decision could be significant in that it approaches closer to allows the shifting burden of proof in drastically growing dental malpractice cases. This is clearly confirmed in the judgment of the dentist's "fault" that "if indirect facts about the symptom or occurrence are proven to be cause other than medical negligence, such symptoms can be presumed to be due to medical negligence."

• Culinary science and hospitality research
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• v.20 no.1
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• pp.38-54
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• 2014

The purpose of this study is to investigate the effects of customers' perception of corporate associations on trust, loyalty, revisit intention, and switching intention in the foodservice company and verify if there are significant moderating effects between family restaurants and fast-food restaurants. A total of 552 restaurant patrons in Korea participated in the survey. The results showed that corporate ability association and corporate social responsibility association among corporate associations had a significant effect on customers' trust, which had a positive significant influence on loyalty. Moreover, customers' loyalty had a significant effect on customers' revisit and switching intention. In addition, the moderating effects of company types are observed in the relationships among customers' perception of corporate associations and trust. Limitations of the study and future research directions are also discussed.

• Journal of the Korea Society for Simulation
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• v.27 no.1
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• pp.119-126
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• 2018

This study intended to exploratively testify human error causing factors for railway traffic controller, using AMOS structural equation model. Through literature survey, fatigue and stress as exogenous variable, errors in information process such as cognitive, memory, storage, and execution error as endogenous variable, and accident and incident(near-miss) as dependent variable were set up. Results based on AMOS using 201 railway traffic controllers' questionnaire showed that a clear causality loop like as 'stress ${\rightarrow}$ memory error ${\rightarrow}$ storage error ${\rightarrow}$ incident(near-miss) ${\rightarrow}$ accident' is formed. This result suggests that for the purpose of mitigation of traffic controller's accident, it is so necessary to reduce memory and execution error in the information processing process based on the effective management of stress, as the precedent of them.

• Journal of the Korean Institute of Intelligent Systems
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• v.22 no.3
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• pp.373-378
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• 2012

In terms of the maritime accident prevention, risk analysis at targeted warterways is important for planning safety waterways. This paper analyzes the maritime accidents probability in the Mokpo waterways, South Korea, based on the IWRAP(IALA Waterway Risk Assessment) of the quantitative accident probability tool. Vessel collision probability cate is calculated by vessels meeting direction, using IWRAP. This paper contribute to advance improvement of vessel traffic service by VTS sector providing vessel fairway risk data.

• The Journal of the Korea Contents Association
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• v.16 no.2
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• pp.432-448
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• 2016

The purpose of this study examines the tendency and determinants of welfare attitudes for social workers in Seoul province. Based on Survey data, this study focuses mainly on how socialization patterns, self-interest, and value and norm influence attitudes towards welfare. The results of this study are as follows. First, The self-interest theory has a limit to explain welfare attitudes for social workers in Seoul province. Second, Ideology factor has an impact on welfare attitudes for social workers in Seoul province. In other words, egalitarian social workers have more pro-welfare attitudes. Based on findings, this study suggested that strengthening value of equality in welfare policy and program.

• Journal of Korean Philosophical Society
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• no.118
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• pp.25-51
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• 2017

The purpose of this article is to elucidate Plotinus' concept of freedom. Particular attention is paid to two terms, 'what is self-determined' (to autexousion) and 'what is up to us' (to $eph^{\prime}h{\hat{e}}min$), which Plotinus employs in order to articulate the meaning of freedom. It is shown that freedom in Plotinus consists in the power of doing whatever one wills while willing the good. We first situate Plotinus' concept of freedom in the Socratic tradition. Next we investigate how Plotinus and Alexander of Aphrodisias conceptualize freedom in terms of self-determination in the context of criticizing determinism. It is shown that Alexander tries to secure the psychological grounds for human moral responsibility by introducing a causally undetermined power of choice between alternatives. In contrast, Plotinus is interested in psychological conditions that allow humans to do the right thing. For this purpose, he establishes the concept of will ($boul{\hat{e}}sis$) as the power of wanting and choosing the best. We then try to clarify his claim that free will cannot choose otherwise by appealing to his concept of divine freedom, which idealizes the power of doing one's best and being oneself at one's best. Finally, we discuss Plotinus' view of the limitations and possibilities of human freedom and indicate its practical implications. In conclusion we claim that Plotinus pleads for an active way of living which spreads inner freedom out into the world, rather than living in seclusion so as to protect an inner freedom which is pure.

• Korean Journal of Social Welfare
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• v.64 no.1
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• pp.79-100
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• 2012

The predominant concern of the study consist in: (1) the direct effect of social commitment on teachers' intervention efficacy for helping both victims and offenders in school violence situation; (2) the indirect effects of both teachers' perceptions of offenders and victims, and fairness of school regulations on teachers' intervention efficacy. Research is based on a survey conducted with 351 teachers(84 males and 267 females) from 10 middle schools located in different districts of the city of Daegu. In order for subjects to verify research questions, structural equation models in teachers' intervention efficacy for helping both victims and offenders were explored. In order to verify the difference between mediators' effect, along with total indirect effect and each individual mediator's effects, bias-corrected bootstrapping analysis by using Mplus were employed. The major findings of the study supported the significance on direct effect of social commitment, and indirect effect of both fairness of school regulations and teachers' perceptions toward offenders and victims, on teachers' intervention efficacy. However, the indirect effect of fairness of school regulations(.025) was far outweighed by teachers' perceptions(.224) toward offenders and victims. In conclusion, the above findings claim our attention in that they provide a range of practical implications for teachers and other related professionals including school workers who are engaged in helping out both victims and offenders in school violence situation.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.3-42
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• 2010

This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

• Journal of Korea Multimedia Society
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• v.16 no.1
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• pp.100-107
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• 2013

As the eBook market grows fast recently, various eBook viewer solutions such as hardware viewers and software readers came out to the market. We can, however, hardly find mobile eBook interfaces for the reading disabled people who have difficulties in reading for their visual impairment or learning disabilities, or dyslexia. An eBook viewer interfaces for the reading disabled people should be carefully and distinctively designed because the reading disabled people cannot use normal versions of eBook viewer. In this paper, we suggest a eBook viewer interface model to make the reading disabled people read eBooks easily. Depending on the type of the reading disabled people: the full blind, the almost blind, the just learning disabled, our model provides an adaptive interface to make them read eBooks effectively. In addition, unlike the existing simple audio books, we also support annotation systems to make the reading disabled people interact with eBook viewer. To show the effectiveness of our model, we implemented an eBook viewer prototype on an android-based mobile device. We are sure that our model and implementation can make the reading disabled people, who is 10% of all the domestic people, read eBooks effectively.