• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.249-277
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• 2015

Regulation (EC) No 261/2004 ("Regulation") is a common rule on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In some recent cases of European nations, passengers sued the air carrier in order to obtain monetary compensation under Article 7(1) of the Regulation. Some courts dismissed the actions on the grounds that, unlike denied boarding or cancellation of the flight, the Regulation provides no compensation in relation to delayed flights. However, Court of Justice of the European Union(CJEU) ruled that Regulation 261/2004 must be interpreted to mean that passengers whose flights are delayed have a right to compensation in cases when the loss of time is equivalent to, or is in excess of three hours - where the passengers eventually reached their final destination three hours or more later than the originally scheduled arrival time. It is true that a strict interpretation of the regulation would suggest that passengers whose flight has merely been delayed are not entitled to compensation. They should only be offered assistance in accordance with the Articles 6 and 9. Nevertheless, the Court recognized the same right to the same compensation for passengers of flights delayed by more than three hours as that explicitly provided for passengers of cancelled flights. On the one hand, the Court bases this ruling on the recitals of the Regulation, in which the legislature links the question of compensation to that of a long delay, while indicating that the Regulations seek to ensure a high level of protection for passengers regardless of whether they are denied boarding or their flight is cancelled or delayed. On the other hand, the Court interprets the relevant provisions of the Regulation in light of the general principle of equal treatment. Furthermore, the Court delivered a ruling that the loss of time inherent in a flight delay, which constitutes an inconvenience within the intention of Regulation No 261/2004 and which cannot be categorized as 'damage occasioned by delay' within the meaning of Article 19 of the Montreal Convention, cannot come within the scope of Article 29 of that convention. Consequently, under this view, the obligation under Regulation No 261/2004 intended to compensate passengers whose flights are subject to a long delay is in line with Article 29 of the Montreal Convention. Although the above interpretation of the Court can be a analogical interpretation, the progressive attitude of the Regulation and the view of Court forward to protect passengers' interest is a leading role in the area of international air passenger transportation. Hopefully, after the model of the positive support in Europe, Korea can establish a concrete rule for protecting passengers' right and interest.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.279-310
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• 2015

The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.35 no.4A
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• pp.332-340
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• 2010

In this paper, we deal with multi-user diversity scheduling methods that transmit simultaneously signals from multiple users using superposition coding multiplexing. These methods can make various scheduling methods be obtained, according to strategies for user selection priority from the first user to the first-following users, strategies for per-user power allocation, and resulting combining strategies. For the first user selection, we consider three strategies such as 1) higher priority for a user with a better channel state, 2) following the proportional fair scheduling (PFS) priority, 3) higher priority for a user with a lower average serving rate. For selection of the first-following users, we consider the identical strategies for the first user selection. However, in the second strategy, we can decide user priorities according to the original PFS ordering, or only once an additional user for power allocation according to the PFS criterion by considering a residual power and inter-user interference. In the strategies for power allocation, we consider two strategies as follows. In the first strategy, it allocates a power to provide a permissible per-user maximum rate. In the second strategy, it allocates a power to provide a required per-user minimum rate, and then it reallocates the residual power to respective users with a rate greater than the required minimum and less than the permissible maximum. We consider three directions for scheduling such as maximizing the sum rate, maximizing the fairness, and maximizing the sum rate while maintaining the PFS fairness. We select the max CIR, max-min fair, and PF scheduling methods as their corresponding reference methods [1 and references therein], and then we choose candidate scheduling methods which performances are similar to or better than those of the corresponding reference methods in terms of the sum rate or the fairness while being better than their corresponding performances in terms of the alternative metric (fairness or sum rate). Through computer simulations, we evaluate the sum rate and Jain’s fairness index (JFI) performances of various scheduling methods according to the number of users.

• Solar Energy
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• v.20 no.2
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• pp.43-54
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• 2000

We prepared and characterized $Cu(In_{1-x}Ga_x)Se_2$(CIGS) films using a elemental co-evaporation method for absorbing layer of high efficiency thin film solar cells. The CIGS films deposited on a soda-lime glass exhibited low resistivity because of higher carrier concentration. Na was accumulated at the CIGS surface and the 0 and Se were also accumulated at the surface, suggesting that oxidation is a driving force of Na accumulation. The structure of CIGS film was modified or a secondary phase was formed in the Cu-poor CIGS bulk films probably due to the incorporation of Na into Cu vacancy sites. As the Ga/(In+Ga) ratio increased, the diffraction peaks of $Cu(In_{1-x}Ga_x)Se_2$ films were shifted to larger angle and splitted, and the grain size of $Cu_{0.91}(In_{1-x}Ga_x)Se_2$ films became smaller. All $Cu_{0.91}(In_{1-x}Ga_x)Se_2$ films showed the p-type conductivity regardless of the Ga/(In+Ga) ratio. Ag/n-ZnO/i-ZnO/CdS/$Cu_{0.91}(In_{0.7}Ga_{0.3})Se_2$/Mo solar cells were fabricated. The currently best efficiency in this study was 14.48% for $0.18cm^2$ area ($V_{oc}=581.5mV,\;J_{sc}=34.88mA$, F.F=0.714).

• Korean Journal of Fisheries and Aquatic Sciences
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• v.33 no.5
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• pp.378-382
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• 2000

The effects of bisphenol A (BPA), known as one of the endocrine disrupting chemicals (EDCs), on the hatching of fertilized eggs (FE) and the spawning of adult fish in songsari, Oryzias latipes were investigated. In condition of the experimental groups, incubated water temperature was $25.0{\pm}0.5^{\circ}C$ and photoperiod was 16 h (light) : 8 h (dark). fE were exposed to aqueous solutions of BPA at nominal concentration of 50, 100 and $200 {\mu}g/l$. The time required in hatching of FE was long in the BPA $50 and 100 {\mu}g/l$ treatment groups when compared to the controls, and in the BPA $200 {\mu}g/l$ treatment group, FE failed to hatch. And also hatching rate was decreased in the BPA treatment groups in comparison to the controls, Adult fishes were reared to oral administration via a diet of 50, 100 and $200 {\mu}g/g$ body weight BPA concentration for 3 weeks, Number of total eggs spawned in the adult fish were fewer in the BPA 100 and 200 treatment groups than in the controls and BPA 50 treatment group. Frequency of abnormal eggs in the total eggs spawned was 11.8 and $16.2{\%}$ in the control and acetone carrier control lower than 36.8, 46,8 and $74.1{\%}$ in the BPA 50, 100 and 200 treatment groups, respectively. And hatching rate of FE decreased in the BPA treatment groups in comparison to the controls. In these results, inhibition of the hatching of FE and the quantity and quality of spawned eggs in adult fish were observed from BPA treatment groups when compared to the controls.

• Korean Journal of Materials Research
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• v.11 no.5
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• pp.419-426
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• 2001

The stochiometric $AgGaSe_2$ polycrystalline mixture of evaporating materials for the $AgGaSe_2$ single crystal thin film was prepared from horizontal furnace. To obtain the single crystal thin films, $AgGaSe_2$ mixed crystal and semi-insulating GaAs(100) wafer were used as source material and substrate for the Hot Wall Epitaxy (HWE) system, respectively. The source and substrate temperature were fixed at$ 630^{\circ}C$ and $420^{\circ}C$, respectively. The thickness of grown single crystal thin films is 2.1$\mu\textrm{m}$. The single crystal thin films were investigated by photoluminescence and double crystal X-ray diffraction(DCXD) measurement. The carrier density and mobility of AgGaSe$_2$ single crystal thin films measured from Hall effect by van der Pauw method are $4.89\Times10^{17}$ cm$^{-3}$ , 129cm2/V.s at 293K, respectively. From the Photocurrent spectrum by illumination of perpendicular light on the c-axis of the AgGaSe$_2$ single crystal thin film, we have found that the values of spin orbit splitting $$\Delta$S_{o}$ and the crystal field splitting $\Delta$C$_{r}$, were 0.1762eV and 0.2474eV at 10K, respectively. From the photoluminescence measurement of AgGaSe$_2$ single crystal thin film, we observed free excision (EX) observable only in high quality crystal and neutral bound exciton ($D^{o}$ , X) having very strong peak intensity. And, the full width at half maximum and binding energy of neutral donor bound excition were 8mev and 14.1meV, respectively. By Haynes rule, an activation energy of impurity was 141 meV.ion energy of impurity was 141 meV.

• Journal of the Korean Crystal Growth and Crystal Technology
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• v.22 no.2
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• pp.78-83
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• 2012

The structural change and the electrical conductivity with Sr content in $La_{1-x}Sr_xMn_{0.8}Cu_{0.2}O_3$ (LSMCu) were studied. $La_{0.8}Sr_{0.2}MnO_3$ (LSM) and $La_{1-x}Sr_xMn_{0.8}Cu_{0.2}O_3$ ($0.1{\leq}x{\leq}0.4$) were synthesized by EDTA citric complexing process (ECCP). A decrease in the lattice parameters and lattice volumes was observed with increase of Sr content, and these results were attributed to the increasing $Mn^{4+}$ ions and $Cu^{3+}$ ions in B-site. The electrical conductivity measured from $500^{\circ}C$ to $1000^{\circ}C$ was increased with increase of Sr content in the $0.1{\leq}x{\leq}0.3$ composition range, and it was 172.6 S/cm (at $750^{\circ}C$) and 177.7 S/cm (at $950^{\circ}C$, the maximum value) in x = 0.3. The electrical conductivity was decreased in x = 0.4 because of the presence of the second phase in the grain boundaries. The lattice volume was contracted by increase of $Mn^{4+}$ ions and $Cu^{3+}$ ions in B-site according to increase of Sr content and the electrical conductivity was increased with increase of charge carriers which were involved in the hopping mechanism.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.63-96
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• 2013

Recently, U.S. Department of Transportation (DOT) expanded the "Enhancing Airline Passenger Protections" on August 23, 2011 and October 24, 2011. The Rule regulates tarmac delays, denied boarding compensation, customer service plans, and fare advertising. The adopted rule is to protect passengers by improving passenger service requirements on U.S. national or domestic carriers and foreign air carriers as well. The major issues are as follows: First, regarding to so called Tarmac Delay, carriers must establish a Tarmac Delay Contingency Plan setting forth the number of hours the carrier will permit an aircraft to remain on the tarmac at U.S. airports before allowing passengers to deplane. Carriers also must provide passengers with food and water in the event the aircraft remains on the tarmac for two or more hours and must provide operable lavatories and medical attention while the aircraft remains on the tarmac, irrespective of the length of the delay. Carriers also must create and retain records regarding tarmac delays lasting more than three hours. Also they need to update passengers every 30 minutes during a tarmac delay of the status of the flight and the reason for the delay, allow passengers to deplane if the aircraft is at the gate or another disembarkation area with the door open. Second, carriers now must adopt a "Customer Service Plan" that addresses offering customers the lowest fares available, notifying customers about delays, cancellations, and diversions; timely delivery of baggage; accommodating passengers' needs during tarmac delays and in "bumping cases"; and ensuring quality customer service. Third, the new regulations also increase minimum denied boarding compensation limits to $650 / $1,300 or 200% / 400% of the fare, whichever is less. Last, the DOT also has modified its policies related to enforcement of Rules pertaining to full fare advertising. The Rule states that the advertised price for air transportation must be the entire price to be paid by the customer. Similarly, Korea revised the passenger protection clauses within Aviation Act. However, it seems to be required to include various more issues such as Tarmac Delay, oversales of air tickets, involuntary denied boarding passengers, advertisements, etc.

• Journal of Yeungnam Medical Science
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• v.2 no.1
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• pp.211-220
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• 1985

Serum HBsAg, AntiHBs, HBeAg, AntiHBe and AntiHBc were detected by radioimmunoassay in 39 patients with acute viral hepatitis, 79 patients with chronic hepatitis, 30 patients with liver cirrhosis, 16 patients with primary hepatocellular carcinoma, 14 patients of HBsAg carriers and 129 cases of controls:78 cases of normal level of SGOT, SGPT, and 51 cases of elevated level of SGOT, SGPT. Following results were obtained: 1. HBsAg was detected in 66.7% of acute viral hepatitis, 63.3% of chronic hepatitis, 36.7% of liver cirrhosis, 81.3% of primary hepatocellular carcinoma and 27.1% of controls. 2. AntiHBs was positive in 0% of acute viral hepatitis, 21.5% of chronic hepatitis, 36.7% of liver cirrhosis, 31.3% of primary hepatocellular carcinoma, 0% of carrier and 44.2% of controls. 3. HBeAg was detected in 45.6% of chronic hepatitis, 23.3% of liver cirrhosis and 31.3% of primary hepatocellular carcinoma. 4. Among chronic liver diseases, antiHBe was positive in 56.3% of primary hepatocellular carcinoma, 23.3% of liver cirrhosis and 20.3% of chronic hepatitis. 5. AntiHBc was detected in most of all examines and the significance of presence of AntiHBc does not seem to represent liver disease itself but the evidence of infection of HBV. 6. Among 14 HBV carriers, 6 cases presented with abnormal SGOT, SGPT. 7. All HBV markers were negative in 5.1% of acute viral hepatitis, 5.1% of chronic hepatitis and 14.7% of controls: 17.6% of subjects with abnormal SGOT, SGPT and 12.8% of subjects with normal SGOT, SGPT. 8. Beside of HBV, other causes, such as non A, non B virus, Delta-agent, other viruses or related factors should be excluded among the patients with evidence of HBV infection associated with elevation of SGOT & SGPT.

• Journal of the Korean Magnetics Society
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• v.19 no.3
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• pp.89-93
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• 2009

Amorphous $Ge_{1-x}Mn_x$ semiconductor thin films grown by low temperature vapor deposition were annealed, and their electrical and magnetic properties have been studied. The amorphous thin films were $1,000{\sim}5,000\;{\AA}$ thick. Amorphous $Ge_{1-x}Mn_x$ thin films were annealed at $300^{\circ}C$, $400^{\circ}C$, $500^{\circ}C$, $600^{\circ}C$ and $700^{\circ}C$ for 3 minutes in high vacuum chamber. X-ray diffraction analysis reveals that as-grown $Ge_{1-x}Mn_x$ semiconductor thin films are amorphous and are crystallized by annealing. Crystallization temperature of amorphous $Ge_{1-x}Mn_x$ semiconductor thin films varies with Mn concentration. Amorphous $Ge_{1-x}Mn_x$ thin films have p-type carriers and the carrier type is not changed during annealing, but the electrical resistivity increases with annealing temperature. Magnetization characteristics show that the as-grown amorphous $Ge_{1-x}Mn_x$ thin films are ferromagnetic and the Curie temperatures are around 130 K. Curie temperature and saturation magnetization of annealed $Ge_{1-x}Mn_x$ thin films increase with annealing temperature. Magnetization behavior and X-ray analysis implies that formation of ferromagnetic $Ge_3Mn_5$ phase causes the change of magnetic and electrical properties of annealed $Ge_{1-x}Mn_x$ thin films.