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The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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A Study of a Teaching Plan for Gifted Students in Elementary School Mathematics Classes (일반학급에서의 초등 수학 영재아 지도 방안 연구)

  • Kim, Myeong-Ja;Shin, Hang-Kyun
    • Journal of Elementary Mathematics Education in Korea
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    • v.13 no.2
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    • pp.163-192
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    • 2009
  • Currently, our country operates gifted education only as a special curriculum, which results in many problems, e.g., there are few beneficiaries of gifted education, considerable time and effort are required to gifted students, and gifted students' educational needs are ignored during the operation of regular curriculum. In order to solve these problems, the present study formulates the following research questions, finding it advisable to conduct gifted education in elementary regular classrooms within the scope of the regular curriculum. A. To devise a teaching plan for the gifted students on mathematics in the elementary school regular classroom. B. To develop a learning program for the gifted students in the elementary school regular classroom. C. To apply an in-depth learning program to gifted students in mathematics and analyze the effectiveness of the program. In order to answer these questions, a teaching plan was provided for the gifted students in mathematics using a differentiating instruction type. This type was developed by researching literature reviews. Primarily, those on characteristics of gifted students in mathematics and teaching-learning models for gifted education. In order to instruct the gifted students on mathematics in the regular classrooms, an in-depth learning program was developed. The gifted students were selected through teachers' recommendation and an advanced placement test. Furthermore, the effectiveness of the gifted education in mathematics and the possibility of the differentiating teaching type in the regular classrooms were determined. The analysis was applied through an in-depth learning program of selected gifted students in mathematics. To this end, an in-depth learning program developed in the present study was applied to 6 gifted students in mathematics in one first grade class of D Elementary School located in Nowon-gu, Seoul through a 10-period instruction. Thereafter, learning outputs, math diaries, teacher's checklist, interviews, video tape recordings the instruction were collected and analyzed. Based on instruction research and data analysis stated above, the following results were obtained. First, it was possible to implement the gifted education in mathematics using a differentiating instruction type in the regular classrooms, without incurring any significant difficulty to the teachers, the gifted students, and the non-gifted students. Specifically, this instruction was effective for the gifted students in mathematics. Since the gifted students have self-directed learning capability, the teacher can teach lessons to the gifted students individually or in a group, while teaching lessons to the non-gifted students. The teacher can take time to check the learning state of the gifted students and advise them, while the non-gifted students are solving their problems. Second, an in-depth learning program connected with the regular curriculum, was developed for the gifted students, and greatly effective to their development of mathematical thinking skills and creativity. The in-depth learning program held the interest of the gifted students and stimulated their mathematical thinking. It led to the creative learning results, and positively changed their attitude toward mathematics. Third, the gifted students with the most favorable results who took both teacher's recommendation and advanced placement test were more self-directed capable and task committed. They also showed favorable results of the in-depth learning program. Based on the foregoing study results, the conclusions are as follows: First, gifted education using a differentiating instruction type can be conducted for gifted students on mathematics in the elementary regular classrooms. This type of instruction conforms to the characteristics of the gifted students in mathematics and is greatly effective. Since the gifted students in mathematics have self-directed learning capabilities and task-commitment, their mathematical thinking skills and creativity were enhanced during individual exploration and learning through an in-depth learning program in a differentiating instruction. Second, when a differentiating instruction type is implemented, beneficiaries of gifted education will be enhanced. Gifted students and their parents' satisfaction with what their children are learning at school will increase. Teachers will have a better understanding of gifted education. Third, an in-depth learning program for gifted students on mathematics in the regular classrooms, should conform with an instructing and learning model for gifted education. This program should include various and creative contents by deepening the regular curriculum. Fourth, if an in-depth learning program is applied to the gifted students on mathematics in the regular classrooms, it can enhance their gifted abilities, change their attitude toward mathematics positively, and increase their creativity.

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A Study on the Characteristic Trace Organic Pollutants in the Industrial Wastewater (산업폐수중 미량유기오염물질 배출 특성)

  • Chung, Y.H.;Kim, S.C.;Shin, S.K.;Kang, I.G.;Lee, J.I.;Lee, W.S.;Lee, J.B.
    • Analytical Science and Technology
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    • v.11 no.1
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    • pp.62-72
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    • 1998
  • This study was performed to characterize the trace organic pollutants in the industrial wastewater and to establish the database of the trace organic pollutants. The four manufacturing industries, which are refined petroleum, industrial chemicals, rubber & plastics and fabricated metals, were surveyed. The wastewater and discharging water of these 30 factories are analyzed to characterize the trace organic pollutants. In industrial chemicals, the kinds of products and organic pollutants are very various. Therefore to select the characteristic organic pollutants in this categories are also very difficult. In industrial chemicals, the gas chromatograpic peak patterns of wastewater are represented the various type according to their products, therefore the typical patterns of the characteristic organic pollutants could not be obtained because the kinds of manufactured goods and organic pollutants are very various. In refined petroleum, the effluent is discharged in the distillatory process of atmosphere pressure and contained the saturated hydrocarbons, phenol compounds, benzene compounds and naphtalene compounds. The saturated hydrocarbons peaks from $C_{15}$ to $C_{35}$ are represented the typical oil patterns by the uniform intervals therefore the peak can be easily distinguished. In rubber & plastics, the wastewater is discharged in the washing process which contains the additives. The problem of wastewater is not serious because the manufacturing process is not produced the effluent or the produced cooling water is recycled in that process.

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Effects of Addition of Citron Peel Powder on the Quality Characteristices of Emulsion-type Sausages (유자과피 분말 첨가가 유화형 소시지의 품질특성에 미치는 영향)

  • Lee, J.R.;Jung, J.D.;Hah, Y.J.;Lee, J.D.;Jin, S.K.;Lee, C.Y.;Sung, N.Y.;Do, C.H.
    • Journal of Animal Science and Technology
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    • v.46 no.5
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    • pp.849-858
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    • 2004
  • This study was carried out to investigate the effects of addition of citron peel powder(0.3%, 0.6%, 0.9%) on the quality characteristics of emulsion-type sausages. The pH, color, TBARS, residual nitrite content and textural properties were evaluated. The pH values of sausage containing citron peel powder were significantly(P<0.05) lower compared to those for control. The CIE $L^*$ and $a^*$ values of sausage containing citron peel powder tended to similar to control, but the CIE $b^*$ values were significantly(p<0.05) higher in the sausage containing citron peel powder. The TBARS values of sausage containing 0.9% citron peel powder were significantly(P<0.05) lower than those of control at 20, 40 and 60 days of storage. The residual nitrite content of sausage containing citron peel powder were significantly(P<0.05) lower compared to control. The hardness values of sausage containing citron peel powder were significantly(P<0.05) higher than those of control, but the cohesiveness, springiness and gumminess were significantly(P<0.05) lower in the sausage containing citron peel powder.

Processing and Quality Control of Flux Data at Gwangneung Forest (광릉 산림의 플럭스 자료 처리와 품질 관리)

  • Lim, Hee-Jeong;Lee, Young-Hee
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.10 no.3
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    • pp.82-93
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    • 2008
  • In order to ensure a standardized data analysis of the eddy covariance measurements, Hong and Kim's quality control program has been updated and used to process eddy covariance data measured at two levels on the main flux tower at Gwangneung site from January to May in 2005. The updated program was allowed to remove outliers automatically for $CO_2$ and latent heat fluxes. The flag system consists of four quality groups(G, D, B and M). During the study period, the missing data were about 25% of the total records. About 60% of the good quality data were obtained after the quality control. The number of record in G group was larger at 40m than at 20m. It is due that the level of 20m was within the roughness sublayer where the presence of the canopy influences directly on the character of the turbulence. About 60% of the bad data were due to low wind speed. Energy balance closure at this site was about 40% during the study period. Large imbalance is attributed partly to the combined effects of the neglected heat storage terms, inaccuracy of ground heat flux and advection due to local wind system near the surface. The analysis of wind direction indicates that the frequent occurrence of positive momentum flux was closely associated with mountain valley wind system at this site. The negative $CO_2$ flux at night was examined in terms of averaging time. The results show that when averaging time is larger than 10min, the magnitude of calculated $CO_2$ fluxes increases rapidly, suggesting that the 30min $CO_2$ flux is influenced severely by the mesoscale motion or nonstationarity. A proper choice of averaging time needs to be considered to get accurate turbulent fluxes during nighttime.

프렌차이점에서 사용되는 튀김류의 산패도 및 트랜스지방의 함량 비교

  • Kim, Yeong-Seong
    • Proceedings of the Korean Sanitation Conference
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    • 2005.12a
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    • pp.76-97
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    • 2005
  • As the recent change of multiformity and taste in clination in eating habit culture is yearly in creasing foods used oil and fats. Because the frying food is especially important snack , it's safty is very essential. In order to know the safty and harmfulness of frying oil and fats. The 20 kinds samples were purchased chicken fried food shops around the north of seoul and kyunggi. The acid value, iodine value, peroxide value, TBA value, fatty acid, carbonyl value, and smoke point of deep fat fried oils were analyzed. Results of analyzed, A company of deep fat frying oil showed stability state and C company and B company of deep fat frying oil is acidification to turned. But D company of deep fat frying oil showed quite a bit acidification progressived of used hydrogenated oil.

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A Study on the Violation of Probation Condition Determinants between Sex Offenders and Non-Sex Offenders (성범죄자와 일반범죄자의 보호관찰 경고장 관련 요인 비교)

  • Cho, Youn-Oh
    • Korean Security Journal
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    • no.43
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    • pp.205-230
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    • 2015
  • This study aims to compare the differences of crucial factors that are associated with probation warning tickets between sex offenders and non-sex offenders in South Korea. Serious high-profile cases have occurred in recent years which resulted in public and political conners for successful sex offender management and monitoring strategy through community corrections. The official response has been to initiate a series of legislative probation and parole measures by using GPS electronic monitoring system, chemical castration, and sex offender registry and notification. In this context, the current study is designed to explore the major factors that could affect the failure of probation by comparing the differences between sex offenders and non-sex offenders in terms of their major factors which are related to the failure of probation. The failure of probation is measured by the number of warning tickets which would be issued when there is the violation of probation conditions. The data is obtained from Seoul Probation office from January, 29, 2014 to February, 28, 2014. The sample number of sex offenders is 144 and the number of non-sex offenders is 1,460. The data includes the information regarding the offenders who completed their probation order after they were assigned to Seoul Probation in 2013. Furthermore, this study uses the chi-square and logistic regression analysis by using SPSS statistical package program. The result demonstrated that only prior criminal history was statistically significant factor that was related to the number of warning tickets in the sex offender group when other variables were controlled($X^2=25.15$, p<0.05, Nagelkerke $R^2=0.23$)(b=0.19, SE=0.08, p<0.05). By contrast, there were various factors that were associated with the number of warning tickets in non-sex offender group. Specifically, the logistic regression analysis for the non-sex offenders showed that demographic variable(marital status and employment type), offender-victim relationships, alcohol addiction, violent behavior, prior criminal history, community service order, and attendance order were statistically significant factors that were associated with the odds of warning tickets. Further policy implication will be discussed.

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A Novel Glycine-Rich Region in Sox4 is a Target for the Proteolytic Cleavage in E. coli (전사활성 인자인 Sox4의 단백질 분해효소에 의한 표적 부위에 관한 연구)

  • 허은혜;최주연;장경희;김인경;임향숙
    • Korean Journal of Microbiology
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    • v.38 no.3
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    • pp.153-161
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    • 2002
  • Sox4, a transcription factor, consists of three functional domains: an HMG-box domain as a DNA binding domain, serine rich region as a transactivation domain and glycine rich region (GRR), an unknown functional domain. Although Sox4 is known to be functionally involved in heart, B-cell and reproductive system development, its physiological function remains to be elucidated. We used pGEX expression system to develop a simple and rapid method for purifying Sox4 protein in suitable forms for biochemical studies of their functions. Unexpectedly, we observed that full-length Sox4 appears to be protease-sensitive during expression and purification in E. coli. To map the protease-sensitive site in Sox4, we generated various constructs with each of functional domains of Sox4 and purified as the GST-Sox4 fusion proteins using glutathione beads. We found that the specific cleavage site for the proteolytic enzyme, which exists in E. coli, is localized within the novel GRR of Sox4. Our study suggest that the GRR of Sox4 may a target for the cellular protease action and this cleavage in the GRR may be involved in regulating physiological function of Sox4. Additionally, our study may provide a useful method for investigating the proteolytic cleavage of the target molecule in E. coli.

Clinical Usefulness of Rapid Antigen Test on the Diagnosis of Influenza (인플루엔자 진단을 위한 신속 항원검사의 유용성)

  • Kim, Jae Seon;Choi, Hyon Joo;Ahn, Young Min;Hwang, Young Ok
    • Clinical and Experimental Pediatrics
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    • v.48 no.12
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    • pp.1348-1353
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    • 2005
  • Purpose : Influenza is a respiratory disease which prevails widely every year and shows high morbidity and mortality among not only chronic invalids and the old, but also among infants and young children. To prevent community-acquired influenza infection, to facilitate prompt antiviral therapy and to avoid unnecessary use of antibiotics, an easy, rapid diagnostic method for the influenza virus is needed. We evaluated a lateral-flow immunoassay(QuickVue Influenza Test), compared to viral culture. Methods : During two consecutive years from Jan. 2004 to June 2004 and from Feb. 2005 to Jan. 2005, 408 patients who were suffering from fever, cough and/or sore throat and myalgia were enrolled in our study. A total of 408 patients were tested with $QuickVue^{(R)}$(Quidel Co., San Diego, USA) influenza rapid antigen test and virus cultures at the same time. Results : Of the 408 patients tested, children who showed positive results at the virus culture numbered 77; among them, 55(71.4 percent) were type A/H3N2 and 22(28.5 percent) were type B. QuickVue influenza test had a sensitivity of 71.4 percent and a specificity of 95.8 percent. The positive and negative predictive values were 79.7 percent and 93.5 percent, respectively. Conclusion : In our study, this test had comparable high sensitivity and high specificity and many advantages, such as being easy to perform and simple to interpret, and showing rapid results. If rapid influenza antigen tests are widely applied in the clinic, we can begin treatment more rapidly and reduce influenza complications and the abuse of antibiotics.

The Mediating Role of Perceived Risk in the Relationships Between Enduring Product Involvement and Trust Expectation (지속적 제품관여도와 소비자 요구신뢰수준 간의 영향관계: 인지된 위험의 매개 역할에 대한 실증분석을 중심으로)

  • Hong, Ilyoo B.;Kim, Taeha;Cha, Hoon S.
    • Asia pacific journal of information systems
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    • v.23 no.4
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    • pp.103-128
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    • 2013
  • When a consumer needs a product or service and multiple sellers are available online, the process of selecting a seller to buy online from is complex since the process involves many behavioral dimensions that have to be taken into account. As a part of this selection process, consumers may set minimum trust expectation that can be used to screen out less trustworthy sellers. In the previous research, the level of consumers' trust expectation has been anchored on two important factors: product involvement and perceived risk. Product involvement refers to the extent to which a consumer perceives a specific product important. Thus, the higher product involvement may result in the higher trust expectation in sellers. On the other hand, other related studies found that when consumers perceived a higher level of risk (e.g., credit card fraud risk), they set higher trust expectation as well. While abundant research exists addressing the relationship between product involvement and perceived risk, little attention has been paid to the integrative view of the link between the two constructs and their impacts on the trust expectation. The present paper is a step toward filling this research gap. The purpose of this paper is to understand the process by which a consumer chooses an online merchant by examining the relationships among product involvement, perceived risk, trust expectation, and intention to buy from an e-tailer. We specifically focus on the mediating role of perceived risk in the relationships between enduring product involvement and the trust expectation. That is, we question whether product involvement affects the trust expectation directly without mediation or indirectly mediated by perceived risk. The research model with four hypotheses was initially tested using data gathered from 635 respondents through an online survey method. The structural equation modeling technique with partial least square was used to validate the instrument and the proposed model. The results showed that three out of the four hypotheses formulated were supported. First, we found that the intention to buy from a digital storefront is positively and significantly influenced by the trust expectation, providing support for H4 (trust expectation ${\rightarrow}$ purchase intention). Second, perceived risk was found to be a strong predictor of trust expectation, supporting H2 as well (perceived risk ${\rightarrow}$ trust expectation). Third, we did not find any evidence of direct influence of product involvement, which caused H3 to be rejected (product involvement ${\rightarrow}$ trust expectation). Finally, we found significant positive relationship between product involvement and perceived risk (H1: product involvement ${\rightarrow}$ perceived risk), which suggests that the possibility of complete mediation of perceived risk in the relationship between enduring product involvement and the trust expectation. As a result, we conducted an additional test for the mediation effect by comparing the original model with the revised model without the mediator variable of perceived risk. Indeed, we found that there exists a strong influence of product involvement on the trust expectation (by intentionally eliminating the variable of perceived risk) that was suppressed (i.e., mediated) by the perceived risk in the original model. The Sobel test statistically confirmed the complete mediation effect. Results of this study offer the following key findings. First, enduring product involvement is positively related to perceived risk, implying that the higher a consumer is enduringly involved with a given product, the greater risk he or she is likely to perceive with regards to the online purchase of the product. Second, perceived risk is positively related to trust expectation. A consumer with great risk perceptions concerning the online purchase is likely to buy from a highly trustworthy online merchant, thereby mitigating potential risks. Finally, product involvement was found to have no direct influence on trust expectation, but the relationship between the two constructs was indirect and mediated by the perceived risk. This is perhaps an important theoretical integration of two separate streams of literature on product involvement and perceived risk. The present research also provides useful implications for practitioners as well as academicians. First, one implication for practicing managers in online retail stores is that they should invest in reducing the perceived risk of consumers in order to lower down the trust expectation and thus increasing the consumer's intention to purchase products or services. Second, an academic implication is that perceived risk mediates the relationship between enduring product involvement and trust expectation. Further research is needed to elaborate the theoretical relationships among the constructs under consideration.