• 제목/요약/키워드: Action status for the death

검색결과 10건 처리시간 0.024초

치료중단행위에 대한 의료형법적 고찰 -의학적 충고에 반한 퇴원 사례를 중심으로- (A Study on Medical-criminal Problem of Withdrawing Life-Sustaining Treatment)

  • 조인호
    • 의료법학
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    • 제9권1호
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    • pp.319-382
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    • 2008
  • As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

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Kainate 유발 간질중첩증 모델에서 topiramate가 해마 신경세포사와 glutamate 수용체 발현에 미치는 영향 (The Effect of Topiramate on Hippocampal Neuronal Death and Expression of Glutamate Receptor in Kainate-induced Status Epilepticus Model)

  • 박민정;하세운;배혜란;김상호
    • 생명과학회지
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    • 제15권3호
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    • pp.505-512
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    • 2005
  • 신경흥분독성과 간질발작발현은 glutamate 수용체활성과 연관이 있다고 알려져 있다. a-amino-3-hydroxy-5-methyl-4-isoxazole-propionate (AMPA), kainate 수용체에 대한 glutamate 활성을 포함하는 다양한 기전을 가진 항전간제인 Topiramate는 신경보호작용을 가진다는 증거가 제시되어 Topiramate가 간질발작 후 해마의 glutamate 수용체 발현에 미치는 효과를 관찰하였다. 흰쥐에 kainate를 복강 내 주사하여 간질중첩증을 유발시킨 후 Topiramate를 1주일 주사하였다 Apop tag in situ detection kit를 이용하여 세포손상을 관찰한 결과 kainate 유발 간질중첩증 1주일 후 해마의 CA1, CA3에서 심각한 세포사를 보였으나, Topiramte 처리 군에서는 세포사가 현저히 감소하였다. 간질중첩증 이후 NMDA 수용체 아형 1,2a, 2b 발현이 현저히 증가했으나 Topiramate 처치에 의해 NMDA수용체의 발현에는 뚜렷한 변화가 없었다. AMPA수용체에서는 GluR1이 간질중첩증 이후 현저히 상향 조정되었고 GluR2는 현저히 하향조정 되었다 Topiramate 1주일 처리 시 간질중첩증으로 인해 변화된 CluR1과 GluR2의 발현이 역전되었다. 결론적으로 Topiramate는 간질중침증에 의한 CluR1/CluR2 발현비의 증가로 유발되는 흥분성 신경세포사를 억제시킴으로써 신경보호작용이 있는 것으로 보인다.

의료진 대상 웰 다잉 교육프로그램 개발을 위한 모델링에 관한 연구 (Modeling Study of Development of Dying Well Education Program for the Medical Personnel in Korea)

  • 김광환;김용하;안상윤;이종형;황혜정;이무식;김문준;박아르마;심문숙;송현동
    • 한국산학기술학회논문지
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    • 제15권10호
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    • pp.6234-6241
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    • 2014
  • 이 연구의 목적은 의료진의 죽음에 대한 스트레스 정도와 수용 방식을 병원 중심으로 조사하여 의료인 대상 죽음교육프로그램 개발의 기초자료로 활용하는 것이다. 연구기간은 2014년 4월부터 동년 4월30일까지이며, 대전지역 K 대학병원 의료진 353명을 대상으로 조사했다. 분석방법은 빈도분석과 카이스퀘어 검정이며, 연속변수는 독립표본 t-검정을 실시하였다. 분석결과 죽음교육의 내용 중 중요하게 다뤄야 할 것은 시간의 소중함 및 의미 있는 미래 삶 준비였으며(p<0.05), 죽음교육 필요 이유는 죽음에 대한 인식과 태도를 바꿔보기 위해서였다(p<0.05). 죽음교육 방법은 사례연구 문제 기반학습이었으며(p<0.05), 죽음 목격 후 가장 큰 스트레스는 보호자의 의료진에 대한 부정적 반응(p<0.05)으로 나타났다. 이상과 같은 결과를 볼 때 의료진의 죽음에 대한 이해와 죽음교육 필요성 제고는 의료진 자신은 물론 환자에 대한 이해와 감수성 향상에도 기여할 것으로 판단되었다. 죽음에 대한 의료 인문적 시각을 동시에 포함한 본 조사는 병원 공간과 의료진 대상의 특성화된 '죽음교육프로그램 개발'에 기여할 것이다.

한국인 자궁경부암의 복합위험도 추정 (Estimation of Joint Risks for Developing Uterine Cervix Cancer in Korea)

  • 윤하정;신애선;박수경;장명진;유근영
    • Journal of Preventive Medicine and Public Health
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    • 제35권3호
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    • pp.263-268
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    • 2002
  • Objective : This study was aiming at estimating the joint effects of various risk factors associated with uterine cervix cancer in Korea. Methods : Data obtained from a case-control study were analyzed with a multiplicative model. Results : After adjustment for age and husband's educational attainments, the family history of cervical cancer (OR=2.1, 95% CI=1.2-3.9), unstable marital status due to separation, by death or divorce, etc. (OR=2.8, 95% CI=1.7-4.6), and a large number of deliveries ($\geq$3 vs. nulliparous OR=6.5, 55% CI=1.4-29.0) increased the risk of uterine cervix cancer, Conversely, first sexual intercourse at an older age ($\geq$25 years vs. <19 years OR=0.4, 95% CI=0.2-0.6) and husband's circumcision (OR=0.7, 95% CI=0.5-1.0) decreased the risk. In the multiplicative model, the highest joint risk (OR=39.2, 95% CI 5.9-258.9) was observed in women with a family history of uterine cervical cancer, an unstable marital status, where the ex-husband was not circumcised, with 3 or more delivery experiences, and having her first sexual intercourse when younger than 19 years of age. However, women without a family history of uterine cervix cancer, married to a circumcised husband, having had her first sexual intercourse at 25 years or older, and nulliparous, showed the lowest joint effect (OR=0.3, 95% CI=0.1-0.5). Conclusion : As carcinogenesis is a complex action involving various factors, we consider a joint effects approach to be appropriate in an epidemiological study on risk factors for uterine cervix neoplasms cervix neoplasm.

아동사고에 대한 어머니의 예방행위 영향요인 (Maternal Behavior to Preventing Childhood Accident in the Home)

  • 김귀분;손인아
    • 한국응급구조학회지
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    • 제6권1호
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    • pp.87-102
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    • 2002
  • Injury has now replaced disease as the biggest single cause of death in children after their first birthday. Each day child dies from preventable, unintentional injury and the medical cost of these injury is increasing remarkably. It is necessary to develope injury prevention models to explain, predict, manage, evaluate and analyze the information about accident. The purpose of this paper is, firstly, to investigate parent's actions regarding safety measures at home and secondly, to identify the influencing factors of parents' safety behaviors. The selection of such factors is guided by the theoretical framework of the Pender's Health Promotion Model. Method ; The questionnaire was developed on the basis of other investigations, through pilot testing, peer review, and review by field health workers. The questionnaire was completed by 231 mothers of young children. Data was collected between April and May 2002. Variable Use of three different domains of safety behavior, safety habits, supervision and perception of safety devices, were listed. Mothers were self reported on internal locus of control, mother & child relationships, and marital intimacy. Also the elements of the Health Promotion Model: perceived benefit, barrier, threat, and self-efficacy, were surveyed. Results & discussion The results indicate that most parents take considerable action to reduce household hazards. The constructs derived from the Model were statistically significant differences for a small part of the variables on parental behavior to reduce hazards in the home, such as age, education, economic status, self-efficacy, perceived benefit, internal locus of control. Future studies ought to include social influences, such as expectations, perceived norms, knowledge, and child-related variables, relevant to parental safety measures in their home.

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방사성물질을 이용한 치료의 안전관리 고찰 (Radiation Safety Consideration Regarding the Treatment which uses the Radioactive Substance)

  • 임청환;김승철;이귀원
    • 한국콘텐츠학회논문지
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    • 제8권11호
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    • pp.217-224
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    • 2008
  • 방사성 물질 중 동위원소를 이용한 치료는 1964년부터 현재까지 꾸준히 증가하는 추세이다. 그에 따른 안전관리도 강화 되었다. 그러나 현재 규정과 제도가 오히려 치료행위에 악영향을 주거나 이를 회피하기 위한 수단으로 임상에서 치료병동을 개설하지 아니하고 소량의 방사능으로 치료를 하고 있으며, 치료병동이 있다 하더라도 그 시설을 감당하지 못하고 많은 입원환자를 유치하지 못함으로 인하여 환자가 치료를 받기위해 상당기간 동안 대기하여야 한다. 최근 원자력의학원에서 기존 병실을 포함한 약 10개 병실을 보유하게 되어 대기 상태가 해소된 듯 보여 지지만 현재 국내에서 약 28개 병원에서만 총 57개의 방사성 동위원소 병실을 사용 하고 있어 아직 까지도 상당기간 치료를 위하여 대기하고 있는 실정이다. 따라서 환자는 호르몬 조절시간이 장기화 되고 치료병실이 없는 의료기관에서는 최대 방사능 30mCi로 수차례에 걸쳐 시행하게 된다. 이는 환자, 가족, 지인 등에게 수회에 걸쳐 피폭을 주는 결과를 발생시킬 것이다. 또한 의료인 및 보건의료인이 환자 및 보호자에게 피폭에 대한 고지의무를 다한다 하더라도 환자를 비롯한 가족에게는 상당한 심적 부담감을 줄 수 있을 것이다. 그러므로 현재 3차 진료에 해당하는 병원 및 의료기관에서는 치료병실을 설치해야하는 필수 조건으로 의무화 하는 등 방사성동위원소 치료에 따른 시설 강화와 제도 개선의 노력이 있어야 할 것이다.

얀 라우어스(Jan Lauwers) 공연의 탈서사적 특징들 -<이사벨라의 방(Isabella's Room)>, <랍스터 가게(The Lobster Shop)>, <사슴의 집(Deer House)>을 중심으로- (The post-epic characteristics in Jan Lauwers' theatre -, and -)

  • 남지수
    • 한국연극학
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    • 제48호
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    • pp.447-484
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    • 2012
  • This study aims to analyze the characteristics of post-epic theatre in the Belgian theatre director Jan Lauwers' trilogy titled in "Happy Face/Sad Face": (2004), (2006) and (2008). I regard that it played a very important junction for him to create his own theatrical style compared to earlier years. From this period, Lauwers has tried to create his original plays in order to concentrate the story of our era and has showed to combine a variety of media such as dance, installation, video, singing etc. In this context, I would like to study his own theatricality from the three perspectives of dramaturgy, directing and acting largely based on Hans-Thies Lehmann's theory of post-epic theatre, who pointed out the significance of Lauwer's theatrical leading role very early. First, from the dramaturgical point of view, we need to pay attention to the theme of translunary death; where the living and the dead coexist on the stage. In fact, death is the theme that Lauwers has been struggling to research for quite long time. In his trilogy, the dead never exits the stage. The dead, who is not a representative tragic character, even meddles the things among or with the living and provide comments to people. As a consequence, it happens to reduce a dramaturgical strong tension, leads depreciation of suspense and produces humanism in a way. This approach helps to create his unique comical theatrical atmosphere even though he deals with the contemporary tragic issues such as war, horror and death. Second, from the directing point of view, it is worth to take a look at the polyphonic strategy in terms to applying various media. Among all the things, the arts of dancing and singing in chorus are actively applied in Lauwer's trilogy. The dance is used in individual and microscopic way, on the other hand, singing shows collective and is a macroscopic quality. The dance is the representing media to show Lauwer's simultaneous microscopic mise-en-scene. While main plot takes place around the center-stage, actors perform a dance around the off-centered stage. Instead of exiting from the stage during the performance, the actors would continue dance -sometimes more like movements- around the off-centered stage. This not only describes the narrative, but also shows how each character is engaged to the main plot or incident, and how they look into it as a character. Its simultaneous microscopic mise-en-scene intends to function such as: showing a variety moments of lives, amplifying some moments or incidents, revealing character's emotion, creating illusionary theatrical atmosphere and so on. Meanwhile, singing simple lyrics and tunes are an example of the media to stimulate the audiences' catharsis. As the simple melody lingers in the audiences' mind, it ends up delivering a theatrical message or theme after the performance. This message would be transferred from the singing in chorus functions as a sort of leitmotive in order to make an impression to the audience. This not only richens their emotion but also creates an illusionary effect. Third, from the acting perspective, I'd like to point out the "detachment" aesthetic which Lehmann has pointed out. The actors never go deep into the drama by consistently doing recognize a theatrical illusion. The audience happens to pay attention to their presence through the actor's deliberate gesture, business, movement, rhythm, language, dance etc. The actors are against forming closed action by speaking in various languages or by revealing deliberately stage directions or acts, and by creating expressive mise-en-scene with multiple media. As a consequent, the stage can be transformed to not a metaphoric but a metonymic place. These actions are the ultimate intention for a direct effect to the audience. So to speak, Lauwers uses the anti-illusionary theatrical method: the scenes of fantastic death, interruption of singing and dance, speaking many kinds of languages, acting in detachment-status and so on. These strategies function to make cracks in spectators' desire who has a desire to construct a linear narrative. I'd like to say that it is the numerous potentiality to let the reality penetrate though and collide the reality with a fiction. By doing so, it induces for spectators to see the reality in the fiction. As Lehmann says, "when theatre presents itself as a sketch and not as a finished painting, the spectators are given the chance to feel their own presence, to reflect on it, and to contribute to the unfinished character themselves". In this sense the spectators can perform an objective criticism on our society and world in Lauwer's theatre because there are a number of gaps and cracks in his theatrical illusion where reality can penetrate. This is also the point that we can find out the artists' responsibility in this era of our being.

119구급대의 법적분쟁 예방에 관한 연구 (Research on the prevention of legal dispute over 119 rescue team)

  • 임재만
    • 한국응급구조학회지
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    • 제13권1호
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    • pp.19-33
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    • 2009
  • Purpose : To check the legal relation between rescue team and patient as well as legal responsibility for patient's damage intentionally or erroneously caused by rescue member, a public official, in the performance of relevant job ; to prevent legal dispute over rescue team and to present program for fair settlement of dispute and equitable and feasible burden of damage. Method : First, the legal principle of Civil Law, Criminal Law and Administrative Law related to the theme of this research will be investigated around research by literature. Second, the case of dispute related to rescue team will be introduced. Result: 1. If 119 rescue members as a public official intentionally or erroneously cause damage to patient in the performance of job, they shall bear civil, criminal and administrative responsibility. They shall bear civil responsibility for indemnity for damage due to default or tort. The typical criminal responsibility includes accidental homicide arising out of duty, preparing falsified official document, dereliction of duty, etc. In the administrative side, the state is responsible for indemnity for peculiar status of the rescue member, public official. 2. Though raising civil petition or legal dispute over unsatisfactory rescue service may be reasonable to guarantee the right of nation, such action may cause stress to rescue member as well as may lead to mental shrinking and defensive attitude only to take the basic first aid treatment which has low possibility of mistake instead of active first aid treatment so as to avoid legal responsibility. 3. The program that may prevent legal dispute over 119 rescue team includes expansion of manpower specialized in first aid treatment, enhancement of education on legal environment, development and application of standard job guideline, formation of mutual trust with patient, detailed explanation, preparing and keeping minute record, improvement of the rescue members' ability of first aid treatment and development of medical instruction mode. Conclusion : The best policy is to prevent legal dispute. If it is impossible to basically exclude the possibility of dispute, however, we need to make effort to minimize the occurrence, settle fairly and divide damage equitably and feasibly. To improve the preventible death rate of our first aid system to the level of advanced country, 119 rescue team which is in charge of the stage before hospital needs to positively enforce special first aid by improving the qualitative level of rescue service and to strive to prevent legal dispute that may occur in the process.

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농촌 일차 보건사업에 있어서 마을건강원 업무량 및 업적에 관한 연구 (A Study on Performance and Achievement of Village Health Workers in Rural Primary Health Care Program)

  • 허달영;이명숙;염용태;김순덕
    • 농촌의학ㆍ지역보건
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    • 제12권1호
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    • pp.36-53
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    • 1987
  • It is utmostly important to establish the efficient fitable way of peoples' active participation in primary health care especially in the areas where the public or governmental service input for the basic health care is insufficient like as in rural areas of Korea. In light of above reason, this study focused mainly on the evaluation of roles and activities of village health workers (VHWs) who were selected from grass- root level of village people in order to derive further motivation for active participation. This is believed to be a sort of feedback mechanisms. Actually, the authors collected the activity reports of VHWs who had been devoting themselves in the primary health care services of Jeomdong Area, of Yeoju Gun one of Korea University Community Health Action Programmes and survey record on the VHWs activity from correspondent people. 1 hose data were analyzed through computer programmed package. The activities performed by VHWs were limited to the performance in 1985 for conveniance. The summarized results were as follows; 1) General characteristics of VHWs. Among a total of 28 VHWs in the area, about 39.3g of them have been replaced up to the date since the implementation in 1983, because of moving out, occupational employment and of others. The age of majority (75.0%) lied between the range of 30-50, and educational background of 67.9% belonged to category of primary school graduation, about 50% of them experienced to be or were also entiled "chief of women club" of corresponding villages. 2) Work-load of VHWs. Each VHW was assigned for tasks of health care for average 55 households of 248 persons. They shared approximately 6 days a month for the activity in average and it covered 17 cases of basic health care in a month. A half of the VHWs performed home visits irregularly without solidified schedule. 3) Work performance analysis. Informations collected through VHWs were compared with data from official vital registration at local administration center "Myon Office" in 1985. VHWs collected 100.8 of new born, 116.2 of death, 58.3 of move in and 74.8 of move out in comparison with 100.0 of official registration each. Pregnant women of 79.8% of mothers among the total pregnancy of 94 which were confirmed as normally delivered or aborted cases by all means afterwards had been detected by VHWs as being pregnant and all of them received some of antenatal cares by VHWs. All(100%) of delivered women were detected by VHWs through home visits and they were cared postnatally. Whereas, according to the records of birth registration, the places of delivery were clinic in 33.7%, and mother's home in 66.3%, VHWs reported them to be clinic in 48.9%, midwifery in 20.2%. It was cleared that most of misinformation was caused by uncautious filling of birth registration at notification. Among the total of 717 eligible women under age 44 years, family planning status of 92.6% was reported by VHWs confirming practice of control to be 70.8% of reported fertile women. 4) Attitude of VHW on the roles and functions. Although 92.0% of VHWs expressed VHWs to be worthwhile, only 52.0% of them had dignity and satisfaction in their activity and 44.0% of them had passive attitude of working saying they followed direction regardlessly. Concerning difficulties in performance as a VHW, 60.7% of them pointed out lacking of medical and health related knowledge by themselves. Still, 64.0% of them thought visiting unfamilier house to be awful and 40.0% complained forms of activity to be difficult and hard. It was also revealed that 56.6% confessed lack of interest on community health service itself. Most of VHWs needed more educational training especially on clinical fields such as cares of gynecological diseases, hypertension, diabetes, and other chronic diseaes of the aged. Regular on-the-job basic trainings were said to be needed twice a year.

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아시아 주요국가(主要國家)들에 있어서의 바르샤바 체제(體制)의 적용실태(適用實態)와 전망(展望) (The Current Status of the Warsaw Convention and Subsequent Protocols in Leading Asian Countries)

  • 이태희
    • 항공우주정책ㆍ법학회지
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    • 제1권
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    • pp.147-162
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    • 1989
  • The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

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