• 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aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated.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.

• Transactions of the Korean hydrogen and new energy society
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• v.14 no.1
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• pp.24-34
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• 2003

For gaseous fuel combustion with inherent $CO_2$ capture and low NOx emission, chemical-looping combustion may yield great advantages for the savings of energy to $CO_2$ separation and suppressing the effect on environment, In chemical-looping combustor, fuel is oxidized by metal oxide medium in a reduction reactor. Reduced particles are transported to oxidation reactor and oxidized by air and recycled to reduction reactor. The fuel and the air are never mixed, and the gases from reduction reactor, $CO_2$ and $H_2O$, leave the system as separate stream. The $H_2O$ can be easily separated by condensation and pure $CO_2$ is obtained without any loss of energy for separation. In this study, five oxygen carrier particles such as NiO/bentonite, NiO/YSZ, $(NiO+Fe_2O_3)VYSZ$, $NiO/NiAl_2O_4$, and $Co_{\chi}O_y/CoAl_2O_4$ were examined &om the viewpoints of reaction kinetics, oxygen transfer capacity, and carbon deposition characteristics. Among five oxygen particles, NiO/YSZ particle is superior in reaction rate, oxygen carrier capacity, and carbon deposition to other particles. However, at high temperature ($>900^{\circ}C$), NiO/bentonite particle also shows enough reactivity and oxygen carrier capacity to be applied in a practical system.

• Journal of the Society of Naval Architects of Korea
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• v.61 no.2
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• pp.125-134
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• 2024

The Safe Operating Envelope (SOE) combined with Short-Take-Off and Vertical Landing (STOVL) performance is an essential consideration of a light aircraft carrier for design of hull shape with excellent seakeeping performance in terms of naval air operations as well as traditional naval ship missions such as Transit and Patrol (TAP), and Replenishment at Sea (RAS) and so on. A variety of procedures are systematically combined to determine SOE considering rather complicated missions associated with operation of aircraft onboard. The evaluation of take-off and landing safety missions onboard should consider wind effect on deck and severer seakeeping indices and standards compared with conventional naval ships. In order to support take-off and landing missions, various support activities of the crews are required. So, additional evaluation is needed for indicators such as MSI(Motion sickness Index) and MII(Motion Induced Interruptions), which are quantitative indicators of work ability that appear as a result of motion response. In this study, a standard procedure is developed including the seaworthiness performance indicators, standards, and evaluation procedures that should be considered during design of STOVL aircraft carrier. Analysis results are discussed in terns of air-wake on deck as well as seakeeping indices associated with design parameter changes in view of conceptual design of a light aircraft carrier.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.9-53
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• 2004

This paper described the contents of theme entitled "Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea" including the current example of fourteen countries' legislation ((1) Great Britain, (2) United States of America, (3) Canada, (4)European Union), (5) Germany, (6) France, (7) Italy, (8) Spain, (9) Swiss, (10) Australia, (11) Japan, (12) People's Republic of China, (13) Taiwan, (14) North Korea) relating to the aviation law or air transport law. Though the Korean and Japanese aviation act has provided only the public items such as (1) registration of aircraft, (2) persons engaged in aviation, (3) operation of aircraft, (4) aviation facilities including airport, (5) air transport business, (6) investigate of aircraft accidents etc., but they could not regulated the private items such as the legal relations of the air transport contract (1) air passenger ticket, (2) air luggage ticket, (3) airway bill, (4) liability of air carrier, (5) amount of compensation for damage caused by aircraft accidents, (6)jurisdiction, (7) arbitration, (8) limitation of action, (9) combined carriage, (10) carriage by air performed by an actual carrier other than contracting carrier, damage caused by aircraft to the third parties etc. in their aviation act until now. In order to solve speedily the legal problems on the limitation of air carrier's liability and long law suit and disputes between wrongdoers and survivors etc, it is necessary and desirable for us to enact a new "Draft for the Air Transport Act" including the abovementioned private items. I would like to propose personally and strongly the legislation of "Draft for the Air Transport Act" in Korea in emphasizing the importance of ensuring protection of the interests of consumers air passengers and shippers in carriage by air and the need for equitable compensation between air carriers and survivors caused by the aircraft accidents such as the German Air Transport Act (Luftverkerhrsgesetz).

• Journal of Advanced Marine Engineering and Technology
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• v.32 no.5
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• pp.717-723
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• 2008

The purpose of this study is to measure and analyze the indoor thermal conditions of a 8,500GT class chemical carrier which was launched on July 2007. The measurement was operated from 4th June to 4th June 2007, just before handing over to Owner. Followings are the results of this study. (1)The temperature variations of supply air were related to the outdoor temperature variations, but the humidity was stable at $65{\sim}80%$. (2)The temperature variations at the representative position of bridge, restaurant, crew's cabin showed gentle slopes. but that of conference room was very steepy. The humidities of bridge and restaurant were unstable because of outdoor-contact and cooking, respectively. (4)The temperature and humidity of ECR(Engine Control Room) which was designed to supply heating and cooling by PAC(Package Air Conditioner) were directly affected by the operating conditions of PAC. (5)The measured supply air volume from dampers of bridge, crew's cabin and conference room were satisfied with the design supply air volume. (5)For the improvement of the indoor thermal conditions, the temperature of crew's cabin and restaurant and the humidity of conference room, and the temperature and humidity of bridge should be controlled, respectively.

• Transactions of the Korean Society of Mechanical Engineers B
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• v.30 no.2 s.245
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• pp.170-176
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• 2006

A spark discharge aerosol generator using air as a carrier gas has successfully been applied to silver nanoparticle production. The spark discharge between two silver electrodes, which was periodically obtained by discharging the capacitor, produced sufficient high temperatures to evaporate a small fraction of the silver electrodes. The silver vapor was subsequently supersaturated by rapid cooling and condensed to silver nanoparticles by nucleation and condensation. The morphology of the generated particles observed by transmission electron microscope was spherical. The element composition of the nanoparticles was silver, which was determined by energy dispersive X-ray spectroscopy. The crystal phase of the particles spark-generated under air atmosphere was composed of silver and silver oxides phase, which was determined by Xray diffraction analysis. While the nanoparticles generated under nitrogen atmosphere had only silver phase. This XRD data indicates that some fraction of the evaporated silver vapor could be oxidized in air atmosphere by the reaction with oxygen. A stable operation of the spark discharge generator has been achieved. The size and concentration of the particles can be easily controlled by altering the repetition frequency, capacitance, gap distance and flow rate of the spark discharge system.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.21 no.4
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• pp.112-118
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• 2013

Air travel demand has recently been growing and establishment and operation of low-cost carriers have been increased. Against this backdrop, low-cost carriers need to figure out diversified customer demand for low-cost carriers and ways to maximize marketing efficiency before applying it to the field so that they can attain superiority to large carriers in increased intensified competition. Low-cost carriers need to be differentiated from other carriers for the purpose of improving profits. Toward this end, this study conducted analysis on importance and satisfaction with carrier choice using IPA with regard to low-cost carrier customers. In conclusion, the paper accurately examined advantages and disadvantages of low-cost carriers compared to general carriers based on results of IPA analysis and suggested managerial strategies to enhance competitiveness based on division into four parts including maintenance and enforcement (1st quadrant, Delay compensation, Booking rapidity, Check rapidity, Crew service, refund service, baggage service, punctuality, transit services, airlines images), concentrated improvement (2nd quadrant, price, Convenience of seat), passive administration (3rd quadrant, Boarding service, cabin cleanliness, flight schedule, whether local crew on board, meal service, in-flight entertainment service), and enhanced satisfaction (4th quadrant, duty-free service, Variety of routes), so that practical suggestions could be presented to employees working in the field.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.3-35
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• 2013

Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

• Journal of the Korean Ceramic Society
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• v.46 no.3
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• pp.249-252
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• 2009

Nanocrystalline ceria particles were prepared by using the ultrasonic spray pyrolysis method. The prepared ceria particles were found to be spherical and non-agglomerated by the SEM and TEM analyses. It was found that carrier gas influences the size and morphology. It was found that the air stream of carrier gas results in porous agglomerated structure of ceria abrasives, whereas solid nano-sphere can be obtained in a more oxidizing atmosphere.

• Proceedings of the KIEE Conference
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• 2003.07d
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• pp.2358-2361
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• 2003

In this paper, parallel control method that enables coordinating operations of multiple mini ice storage air conditioner is proposed based on LonWorks system. The proposed parallel control method is a kind of master/slave control method based on LonTalk network communication. In the control method, master controller leading whole system operations is determined by date to avoid the disproportion of outdoor unit operations. In addition to the above, duty shift control method is proposed to avoid redundant operations of outdoor units and to equalize the operation frequencies of them. Through some simulation tests, the proposed parallel control method and the duty shift control method are evaluated and the efficiencies of them are validated by comparing with existing methods.