• Title/Summary/Keyword: Community Operation

Search Result 839, Processing Time 0.037 seconds

Ethical Justification of Capital Punishment - Retributive Argument against the Death Penalty - (사형제도의 윤리적 정당성 - 사형에 대한 응보론적 논증을 중심으로 -)

  • Lee, Yun-bok
    • Journal of Korean Philosophical Society
    • /
    • v.145
    • /
    • pp.351-380
    • /
    • 2018
  • In every society, citizens must decide how to punish criminals, uphold the virtue of justice, and preserve the security of the community. In doing so, the members of society must ask themselves how they will punish those who carry out the most abhorrent of crimes. Many common responses to such a question is that death is an acceptable punishment for the most severe crimes. But to draw some theoretical distinction between a crime that deserves incarceration and a crime that is so heinous that it deserves capital punishment is subject to three errors. First, what possible line could be drawn? To decide on a particular number of deaths or to employ any standard would be arbitrary. Second, the use of a line would trivialize and undermine the deaths of those whose murderers fell below the standard. Third, any and all executions still are unjust, as the State should not degrade the institution of justice and dehumanize an individual who, although he or she has no respect for other human life, is still a living person. Simply put, all murders are heinous, all are completely unacceptable, and deserve the greatest punishment of the land; however, death as punishment is inappropriate. Also, while this article arrives at the conclusion that the death penalty is an inappropriate form of punishment, I have not offered an acceptable alternative that would appease those who believe capital offenders deserve a punishment that differs in its quality and severity. This is a burden that, admittedly, I am unable to meet. I finally conclude that the death penalty is unjustified retribution. This is the only claim that can effectively shift the intellectual paradigms of the participants in the debate. The continued use of the death penalty in society can only be determined and influenced by the collective conscience of the members of that society. As stated at the outset of this article, it is this essentially moral conflict regarding what is just and degrading that forms the backdrop for the past changes in and the present operation of our system of imposing death as a punishment for crime.

An Exploratory Study on Social Presence in Synchronous Distance Course : Focused on the Cases of Christian Education Classes (실시간 화상 수업에서의 사회적 실재감 탐색 : 기독교교육 수업 사례를 중심으로)

  • Park, Eunhye;Sung, Jihoon
    • Journal of Christian Education in Korea
    • /
    • v.64
    • /
    • pp.203-235
    • /
    • 2020
  • The purpose of this study is to identify the degree of social presence perceived by students and to explore the factors that have affected it after practicing Christian Education classes as synchronous distance course due to Covid-19. It is also to suggest effective ways in the aspects of the design and operation to improve social presence. In order to measure social presence and derive influencing factors, research related to synchronous distance class and social presence is summarized through literature review. The researchers also surveyed 58 students in three courses of Christian education major at a University in Gyeonggi-do and conducted in-depth interviews with 6 students. The main findings are as follows: First, the sense of social presence was moderate, the emotional bond was the lowest by sub-factor, the open communication, the sense of community was moderate, and the mutual support and concentration were the highest. Second, factors that had a positive impact on the sense of social reality were group activities, selfintroduction activities, active participation in classes, mutual communication such as Q & A or response to peer learners' opinions during lectures by professors, questions, feedback, etc, and having a smaller number of students. Factors that had a negative impact on the perception of social presence were lack of private conversations, poor participation in classes, lack of communication with each other, and difficulty concentrating. The causes of these negative factors were technical problems and limitations arising from zoom, inconvenience and distracting surroundings, lack of time, and psychological awkwardness. Reflecting the results of the study, orientation to effective synchronous distance course, guidance on smooth communication methods, strengthening the role of professors to promote learning, strengthening group activities and learner-centered activities, and proposing a smaller scale of students were ways that are offered to improve the sense of social presence in synchronous distance courses.

Application of Seawater Plant Technology for supporting the Achievement of SDGs in Tarawa, Kiribati (키리바시 타라와의 지속가능발전목표 달성 지원을 위한 해수플랜트 기술 활용)

  • Choi, Mi-Yeon;Ji, Ho;Lee, Ho-Saeng;Moon, Deok-Soo;Kim, Hyeon-Ju
    • Journal of Appropriate Technology
    • /
    • v.7 no.2
    • /
    • pp.136-143
    • /
    • 2021
  • Pacific island countries, including Kiribati, are suffering from a shortage of essential resources as well as a reduction in their living space due to sea level rise and coastal erosion from climate change, groundwater pollution and vegetation changes. Global activities to solve these problems are being progressed by the UN's efforts to implement SDGs. Pacific island countries can adapt to climate change by using abundant marine resources. In other words, seawater plants can assist in achieving SDGs #2, #6 and #7 based on SDGs #14 in these Pacific island countries. Under the auspice of Korea International Cooperation Agency (KOICA), Korea Research Institute of Ships and Ocean Engineering (KRISO) established the Sustainable Seawater Utilization Academy (SSUA) in 2016, and its 30 graduates formed the SSUA Kiribati Association in 2017. The Ministry of Oceans and Fisheries (MOF) of the Republic of Korea awarded ODA fund to the Association. By taking advantage of seawater resource and related plants, it was able to provide drinking water and vegetables to the local community from 2018 to 2020. Among the various fields of education and practice provided by SSUA, the Association hope to realize hydroponic cultivation and seawater desalination as a self-support project through a pilot project. To this end, more than 140 households are benefiting from 3-stage hydroponics, and a seawater desalination system in connection with solar power generation was installed for operation. The Association grows and supplies vegetable seedlings from the provided seedling cultivation equipment, and is preparing to convert to self-support business from next year. The satisfaction survey shows that Tarawa residents have a high degree of satisfaction with the technical support and its benefits. In the future, it is hoped that SSUA and regional associations will be distributed to neighboring island countries to support their SDGs implementations.

Survey on the Role Performance, Satisfaction, and Importance of Occupational Therapists belonging to Dementia Relief Center for Health Care of the Elderly in Local Communities (지역사회 노인의 헬스케어를 위한 치매안심센터 작업치료사의 역할 수행도 및 만족도, 중요도 조사)

  • Ju, Eun-Sol;Bang, Yo-Soon;Hwang, Min-Ji
    • Journal of Korea Entertainment Industry Association
    • /
    • v.14 no.7
    • /
    • pp.599-608
    • /
    • 2020
  • This study aims to investigate the performance and satisfaction of occupational therapists at the Dementia Relief Center for health care of the elderly in local communities, and to provide basic data necessary for role establishment by checking occupational therapists' tasks according to the priority. The subjects of this study were occupational therapists in dementia care centers in the Honam area and Gwangju Metropolitan City, who were surveyed via mail and e-mail. The survey had a total of 54 items covering the general characteristics of the therapists and current state of the centers (n=8), performance and satisfaction with the service areas and task content of the centers (n=45), and tasks that were considered important (one short-answer question). It was found that occupational therapists at the Dementia Relief Center were mainly carrying out the "Dementia Prevention Management Projects", which provided the programs for the patients, and they showed the highest satisfaction. Although the 'MMSE-DS' is occupational therapists' own area with high performance and satisfaction, it was not assigned to the occupational therapists at the Dementia Relief Center, indicating that the role was insufficient. The tasks related "administrative works and strengthening community capacities" showed low performance and satisfaction, but they are essential for the operation of the Dementia Relief Center and the management of the patients, so the plans to increase the occupational therapists' performance should be established. The categories of projects that occupational therapists consider important were also consistent with those they had to perform. It means the occupational therapists at the Dementia Relief Center recognized their unique roles. In this context, to establish the role of occupational therapist at the Dementia Relief Center, it is necessary to amend the operating guidelines based on the performance, satisfaction, and priorities of the projects, and to develop the curriculums and programs that can improve the tasks with insufficient performance and low satisfaction.

Changes in Perceptions of Science Classes Using Artificial Intelligence among Elementary Teachers Participating in Research School (연구학교 참여 초등교사의 인공지능 활용 과학 수업에 관한 인식 변화)

  • Kim, Tae Ha;Yoon, Hye-Gyoung
    • Journal of Korean Elementary Science Education
    • /
    • v.42 no.3
    • /
    • pp.467-479
    • /
    • 2023
  • For the successful implementation of education using artificial intelligence (AI) in schools, the perception of teachers is important. This study focuses on elementary school teachers and their perception of the need and teaching efficacy of science classes using AI before and after participating in a research school program. The analysis explores four key aspects, namely, learning, teaching, assessment, and communication. The study recruited 24 elementary school teachers from a school designated by the Gangwon Provincial Office of Education to participate in a year-long research school program. The study collected data using pre- and post-program surveys to explore changes in the perception of teachers regarding AI-based science classes. Furthermore, the researchers conducted individual in-depth interviews with four elementary school teachers to investigate the experience factors that influenced the changes in their perception of the aforementioned classes. The main findings were as follows. First, elementary school teachers were positively aware of the need for science classes using AI even prior to their research school experience; this perception remained positive after the research school program. Second, the science teaching efficacy of the elementary school teachers using AI was generally moderate. Even after the research school experience, the study found no statistically significant increase in efficacy in teaching science using AI. Third, by analyzing the necessity-efficacy as quadrants, the study observed that approximately half of the teachers who participated in the research school reported positive changes in learning, teaching, and assessment. Fourth, the study extracted four important experience factors that influenced the perception of the teachers of science classes using AI, namely, personal background and characteristics, personal class practice experience, teacher community activities, and administration and work of school. Furthermore, the study discussed the implications of these results in terms of the operation of research schools and science education using AI in elementary schools.

North Korean folk Operas and Musical Politics of Selection - Focused on National Operas Prior to Revolutionary Operas (북한 초기 고전 각색 가극과 선별의 음악 정치 - 혁명가극 이전 민족 가극을 중심으로)

  • Chung, Myung-Mun
    • (The) Research of the performance art and culture
    • /
    • no.39
    • /
    • pp.69-96
    • /
    • 2019
  • North Korea has conserved operas in a selective manner. The subject matters of operas recorded in the history of North Korea can be divided into classical tales, translated foreign works, Korean War and war against Japan. Operas that adapted folk classics of the 1950s are considered valuable materials to verify the changes of genres posterior to division of regime between North and South Korea. The officially confirmed works include "Kumgangsan Palseonnyeo (Gyeonwoo Jiknyeo)," "Chunhyangjeon." "Kongjwi Patjwi (Kotsin)," "Ondal," and "Geumnaneui Dal." These works had gone through recreation in terms of realistic situation setting, abolition of class difference, adjustment of social rank and punishment of evil while the base lies in the original folk classics. People emphasized in adapted folk operas are described as those who are hard-working souls without giving importance of difference of social rank, content with the currently living space, devoted to their parents and full of patriotic spirit, and members of community who participate in organized fights against unfair exploitation. This was the fruit of encouragement of work creation supporting union between labor and individual life, destruction of old things and fight promoting this destruction. Folk operas of South and North Korea posterior to Korean War have similarities in that both deal with a love story transcending social ranks and the concomitant conflicts and they focus on the audience who enjoy the operas. Nonetheless, they are different in that this love in North Korea became a tool of educating people wished by the regime, while it became an object of securing the audience by adding the tragic element to love in South Korea. North Korean operas of the initial stage are characterized by playwriting method emphasizing difficult life and compensation of common people, realistic stage expression, accentuation of melody and agreement between notes and lyrics. This was efforts designed to continuously lead senses concentrated from the theater to everyday life of people. In effect, this is in line with the playwriting method of revolutionary operas. Adapted folk operas were subject matters ideal for easily approaching the audience and leaving them good memories at the same time. To realize socialist realism, they went through an experiment of reviewing "people" through the classic folk operas. The possibility of continuation of a work was determined by thorough evaluation after carrying out an experiment in terms of subject matters, theme, music and operation plans from the moment of which the work was on the stage. The sign consisted in the possibility of visit of "Kim Il-sung" to appreciate the work and presentation of directionality. By proposing the clear directionality of which hard-working people who deny social status system can be duly compensated, it encouraged the audience who saw the opera to voluntarily put this in practice. Thus, operas established the directionality through selective processes for creating public communion even before revolutionary operas.

Developing a Scale for Measuring the Corporate Social Responsibility Activities of Korea Corporation: Focusing on the Consumers' Awareness (한국형 기업의 사회적 책임활동 측정을 위한 척도 개발 연구: 소비자 인식을 중심으로)

  • Park, Jongchul;Kim, Kyungjin;Lee, Hanjoon
    • Asia Marketing Journal
    • /
    • v.12 no.2
    • /
    • pp.27-52
    • /
    • 2010
  • It is not new that today's business organizations are expected to exhibit ethical and moral management and to carry out social responsibility as a good corporate citizen. Since South Korea emerged as a newly industrialized country during the 1980s, Korean corporations have become active in carrying out their social responsibility as a good corporate citizen to society. In spite of the short history of corporate social responsibility, Korean companies have actively participated in corporate philanthropy. Corporations' significant donations to various social causes, no-lay-off policies, corporate volunteerism and green marketing are evidences of their commitment to corporate citizenship. Corporate social responsibility is now an essential management practice whereby corporation can strengthen its sustainable value creation processes by enhancing the trust assets underlying the relationships between the business and the stakeholders. Much of the conceptual work in the area of corporate social responsibility(CSR) has originated from researches conducted in the management field. Carroll(1979) proposed that corporations have four types of social responsibilities: economic, legal, ethical and philanthropic responsibility. Most past research has investigated CSR and its impact on consumers' attitudes toward the corporations and corporate performances. Although there exists a large body of literature on how consumers perceive and respond to CSR, the majority of past studies were conducted in the United States. The stability and applicability of past findings need to be tested across different national/cultural settings, especially since corporate social responsibility is a reflection of implicit conformation with the expectations and criticism that society may have toward a corporation(Matten and Moon, 2004). In this study, we explored whether people in Korea perceive CSR of Korean corporations in the same four dimensions as done in the United States and what were the measurement items tapping each of these four dimensions. In order to investigate the dimensions of CSR and the measurement items for CSR perceived by Korean people, nine focus group interviews were conducted with several stakeholder groups(two with undergraduate students, two with graduate students, three with general consumers, and two with NGO groups). Scripts from the interviews revealed that the Korean stakeholders perceived four types of CSR which are the same as those proposed by Carroll(1979). However we found CSR issues unique to Korean corporations. For example for the economic responsibility, Korean people mentioned that the corporation needed to contribute to the economic development of the country by generating corporate profits. For the legal responsibility, Koreans included the "corporation need to follow the consumer protection law." For the ethical responsibility, they considered that the corporation needed to not promote false advertisement. In addition, Koreans thought that an ethical company should do transparent management. For the philanthropic responsibility, people in Korea thought that a corporation needed to return parts of its profits to the society for the betterment of society. The 28 items were developed based on the results of the nine focus group interviews, while considering the scale developed by Maignan and Ferrell(2001). Following the procedure proposed by Churchill(1979), we started by developing an item poll consisting of 28 items and purified the initial pool of items through exploratory, confirmatory factor analyses. 176 samples were sued for this analysis. Confirmatory factor analysis was performed on the 28 items in order to verify the underlying four factor structure. Study 1 provided new measurement items for tapping the Korean CSR dimensions, which can be useful for the future studies exploring the effects of CSR on Korean consumers' attitudes toward the corporations and corporate performances. And we found the CSR scale(17 items) has good reliability, discriminant validity and nomological validity. Economic Responsibility: "XYZ company continuously improves the quality of our products", "XYZ company has a procedure in place to respond to customer complaint", "XYZ company contributes to the economic development of our country by generating profits", "XYZ company is eager to hire people". Legal Responsibility: "XYZ company's products meet legal standards", "XYZ company seeks to comply with all laws regulating hiring and employee benefits", "XYZ company honors contractual obligations to its suppliers", "XYZ company's managers try to comply with the law related to the business operation". Ethical Responsibility: "XYZ company has a comprehensive code of conduct", "XYZ company does not promote a false or misleading advertisement", "XYZ company seems to conduct a transparent business", "XYZ company does a fair business with its suppliers or sub-contractors". Philanthropic Responsibility: "XYZ company encourages partnerships with local businesses and schools", "XYZ company supports sports and cultural activities", "XYZ company gives adequate contributions to charities considering its business size", "XYZ company encourages employees to support our community". Study 2 was condusted for comprehensive validity. 655 samples were used for this anlysis. Collected samples were tested by factor analysis and Crnbach's Alpha coefficiednts and were found to be satisfactory in terms of validity and reliability. Furthermore, fitness of the measurement model was tested by using conformatory factor analysis. χ2=880.73(df=160), GFI=0.891, AGFI=0.854, NFI=0.908, NNFI=0.913, RMR=0.059, RMESA=0.070. We hope that CSR scale could greatly facilitate research on Corporate social resposibility, it is by no means the final answer.

  • PDF

Ecological Changes of Insect-damaged Pinus densiflora Stands in the Southern Temperate Forest Zone of Korea (I) (솔잎혹파리 피해적송림(被害赤松林)의 생태학적(生態学的) 연구(研究) (I))

  • Yim, Kyong Bin;Lee, Kyong Jae;Kim, Yong Shik
    • Journal of Korean Society of Forest Science
    • /
    • v.52 no.1
    • /
    • pp.58-71
    • /
    • 1981
  • Thecodiplosis japonesis is sweeping the Pinus densiflora forests from south-west to north-east direction, destroying almost all the aged large trees as well as even the young ones. The front line of infestation is moving slowly but ceaselessly norhwards as a long bottle front. Estimation is that more than 40 percent of the area of P. densiflora forest has been damaged already, however some individuals could escapes from the damage and contribute to restore the site to the previous vegetation composition. When the stands were attacked by this insect, the drastic openings of the upper story of tree canopy formed by exclusively P. densiflora are usually resulted and some environmental factors such as light, temperature, litter accumulation, soil moisture and offers were naturally modified. With these changes after insect invasion, as the time passes, phytosociologic changes of the vegetation are gradually proceeding. If we select the forest according to four categories concerning the history of the insect outbreak, namely, non-attacked (healthy forest), recently damaged (the outbreak occured about 1-2 years ago), severely damaged (occured 5-6 years ago), damage prolonged (occured 10 years ago) and restored (occured about 20 years ago), any directional changes of vegetation composition could be traced these in line with four progressive stages. To elucidate these changes, three survey districts; (1) "Gongju" where the damage was severe and it was outbroken in 1977, (2) "Buyeo" where damage prolonged and (3) "Gochang" as restored, were set, (See Tab. 1). All these were located in the south temperate forest zone which was delimited mainly due to the temporature factor and generally accepted without any opposition at present. In view of temperature, the amount and distribution of precipitation and various soil factor, the overall homogeneity of environmental conditions between survey districts might be accepted. However this did not mean that small changes of edaphic and topographic conditions and microclimates can induce any alteration of vegetation patterns. Again four survey plots were set in each district and inter plot distance was 3 to 4 km. And again four subplots were set within a survey plot. The size of a subplot was $10m{\times}10m$ for woody vegetation and $5m{\times}5m$ for ground cover vegetation which was less than 2 m high. The nested quadrat method was adopted. In sampling survey plots, the followings were taken into account: (1) Natural growth having more than 80 percent of crown density of upper canopy and more than 5 hectares of area. (2) Was not affected by both natural and artificial disturbances such as fire and thinning operation for the past three decades. (3) Lower than 500 m of altitude (4) Less than 20 degrees of slope, and (5) Northerly sited aspect. An intensive vegetation survey was undertaken during the summer of 1980. The vegetation was devided into 3 categories for sampling; the upper layer (dominated mainly by the pine trees), the middle layer composed by oak species and other broad-leaved trees as well as the pine, and the ground layer or the lower layer (shrubby form of woody plants). In this study our survey was concentrated on woody species only. For the vegetation analysis, calculated were values of intensity, frequency, covers, relative importance, species diversity, dominance and similarity and dissimilasity index when importance values were calculated, different relative weights as score were arbitrarily given to each layer, i.e., 3 points for the upper layer, 2 for the middle layer and 1 for the ground layer. Then the formula becomes as follows; $$R.I.V.=\frac{3(IV\;upper\;L.)+2(IV.\;middle\;L.)+1(IV.\;ground\;L.)}{6}$$ The values of Similarity Index were calculated on the basis of the Relative Importance Value of trees (sum of relative density, frequency and cover). The formula used is; $$S.I.=\frac{2C}{S_1+S_2}{\times}100=\frac{2C}{100+100}{\times}100=C(%)$$ Where: C = The sum of the lower of the two quantitative values for species shared by the two communities. $S_1$ = The sum of all values for the first community. $S_2$ = The sum of all values for the second community. In Tab. 3, the species composition of each plot by layer and by district is presented. Without exception, the species formed the upper layer of stands was Pinus densiflora. As seen from the table, the relative cover (%), density (number of tree per $500m^2$), the range of height and diameter at brest height and cone bearing tendency were given. For the middle layer, Quercus spp. (Q. aliena, serrata, mongolica, accutissina and variabilis) and Pinus densiflora were dominating ones. Genus Rhodedendron and Lespedeza were abundant in ground vegetation, but some oaks were involved also. (1) Gongju district The total of woody species appeared in this district was 26 and relative importance value of Pinus densiflora for the upper layer was 79.1%, but in the middle layer, the R.I.V. for Quercus acctissima, Pinus densiflora, and Quercus aliena, were 22.8%, 18.7% and 10.0%, respectively, and in ground vegetation Q. mongolica 17.0%, Q. serrata 16.8% Corylus heterophylla 11.8%, and Q. dentata 11.3% in order. (2) Buyeo district. The number of species enumerated in this district was 36 and the R.I.V. of Pinus densiflora for the uppper layer was 100%. In the middle layer, the R.I.V. of Q. variabilis and Q. serrata were 8.6% and 8.5% respectively. In the ground vegetative 24 species were counted which had no more than 5% of R.I.V. The mean R.I.V. of P.densiflora ( totaling three layers ) and averaging four plots was 57.7% in contrast to 46.9% for Gongju district. (3) Gochang-district The total number of woody species was 23 and the mean R.I.V. of Pinus densiflora was 66.0% showing greater value than those for two former districts. The next high value was 6.5% for Q. serrata. As the time passes since insect outbreak, the mean R.I.V. of P. densiflora increased as the following order, 46.9%, 57.7% and 66%. This implies that P. densiflora was getting back to its original dominat state again. The pooled importance of Genus Quercus was decreasing with the increase of that for Pinus densiflora. This trend was contradict to the facts which were surveyed at Kyonggi-do area (the central temperate forest zone) reported previously (Yim et al, 1980). Among Genus Quercus, Quercus acutissina, warm-loving species, was more abundant in the southern temperature zone to which the present research is concerned than the central temperate zone. But vice-versa was true with Q. mongolica, a cold-loving one. The species which are not common between the present survey and the previous report are Corpinus cordata, Beltala davurica, Wisturia floribunda, Weigela subsessilis, Gleditsia japonica var. koraiensis, Acer pseudosieboldianum, Euonymus japonica var. macrophylla, Ribes mandshuricum, Pyrus calleryana var. faruiei, Tilia amurensis and Pyrus pyrifolia. In Figure 4 and Table 5, Maximum species diversity (maximum H'), Species diversity (H') and Eveness (J') were presented. The Similarity indices between districts were shown in Tab. 5. Seeing Fig. 6, showing two-dimensional ordination of polts on the basis of X and Y coordinates, Ai plots aggregate at the left site, Bi plots at lower site, and Ci plots at upper-right site. The increasing and decreasing patterns as to Relative Density and Relative Importance Value by genus or species were given in Fig. 7. Some of the patterns presented here are not consistent with the previously reported ones (Yim, et al, 1980). The present authors would like to attribute this fact that two distinct types of the insect attack, one is the short war type occuring in the south temperate forest zone, which means that insect attack went for a few years only, the other one is a long-drawn was type observed at the temperate forest zone in which the insect damage went on continuously for several years. These different behaviours of infestation might have resulted the different ways of vegetational change. Analysing the similarity indices between districts, the very convincing results come out that the value of dissimilarity index between A and B was 30%, 27% between B and C and 35% between A and C (Table 6). The range of similarity index was obtained from the calculation of every possible combinations of plots between two districts. Longer time isolation between communities has brought the higher value of dissimilarity index. The main components of ground vegetation, 10 to 20 years after insect outbreak, become to be consisted of mainly Genus Lespedeza and Rhododendron. Genus Quercus which relate to the top dorminant state for a while after insect attack was giving its place to Pinus densiflora. It was implied that, provided that the soil fertility, soil moisture and soil depth were good enough, Genus Quercuss had never been so easily taken ever by the resistant speeies like Pinus densiflora which forms the edaphic climax at vast areas of forest land. Usually they refer Quercus to the representative component of the undisturbed natural forest in the central part of this country.

  • PDF

A Study on the System of Aircraft Investigation (항공기(航空機) 사고조사제도(事故調査制度)에 관한 연구(硏究))

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.9
    • /
    • pp.85-143
    • /
    • 1997
  • The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

  • PDF