• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.3-42
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• 2010

This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

• 대한공업교육학회지
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• v.32 no.1
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• pp.134-152
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• 2007

This study deals with the development of computer program which can restrict students to access to the unallowable web sites during the Internet based class. Our suggested program can find the student's access list to the unallowable sites, display it on the teacher's computer screen. Through the limitation of the student's access, teacher can enhance the efficiency of class and fulfill his educational purpose for the class. The use of our results leads to the effective and safe utilization of the Internet as the teaching tools in the class. Meanwhile, the typical method is to turn off the LAN (Local Area Network) power in order to limit the student's access to the unallowable web sites. Our program has been developed on the Linux operating systems in the small network environment. The program includes following five functions: the translation function to change the domain name into the IP(Internet Protocol) address, the search function to find the active students' computers, the packet snoop to capture the ongoing packets and investigate their contents, the comparison function to compare the captured packet contents with the predefined access restriction IP address list, and the restriction function to limit the network access when the destination IP address is equal to the IP address in the access restriction list. Our program can capture all passing packets through the computer laboratory in real time and exactly. In addition, it provides teacher's computer screen with the all relation information of students' access to the unallowable sites. Thus, teacher can limit the student's unallowable access immediately. The proposed program can be applied to the small network of the elementary, junior and senior high school. Our research results make a contribution toward the effective class management and the efficient computer laboratory management. The related researches provides teacher with the packet observation and the access limitation for only one host, but our suggested program provides teacher with those for all active hosts.

• Journal of the Korean Institute of Landscape Architecture
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• v.42 no.1
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• pp.27-40
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• 2014

The functions of urban open space, which embraces community revitalization, are diverse. It is the means of public healthcare, learning centers for children, hub of arts and cultural programs, as well as promoter of urban tourism. However, in-depth discourse and research on the topic of urban open spaces has been limited so far. Hence, this study aims to investigate the motivations and satisfaction of visitation based on four representative waterfront open space in Seoul; Cheongyecheon Waterfront, Seoul Forest Park, Seonyudo Park and Banpo Hangang Park. The methods of study are literature review, observation investigation, and questionnaire survey. The findings are analyzed through the Exploratory Factor Analysis, Reliability Analysis, ANOVA Analysis and Regression Analysis by SPSS 18.0. The results of the study are as follows. First, urban waterfront open spaces in Seoul has 5 factors of visitor motivation; community amenity, nature access, cultural and educational assets, aesthetic enjoyment, and lastly means of escape. Second, factors of recognizing urban waterfront open spaces as community amenity and nature access indicate meaningful differences in visitor's perception by spatial characteristics. Third, distances between the destination and the visitor's residence influence significantly their perceived motivation. Close-range visitors perceived nature access as a principal factor, whilst medium to long-range visitors perceived visitation for aesthetic purposes more importantly. Lastly, the will to escape was shown as the influential factor in visitor satisfaction. Visiting open spaces for the enjoyment of nature and aesthetic purposes were factors that also closely relate to visitor satisfaction. In addition, it was found that there are different visitor motivations that influence visitor satisfaction in accordance with the spatial characteristics of each open space. In summary, it can be said that urban waterfront open space is a hybrid space connected to various types of urban contents beyond daily experiences. It was found that several visitor motivations including community development, design aesthetics, education and culture, entertainment, enjoyment of natural landscape, and relaxation, affect the overall satisfaction of the visiting experience. It is anticipated that the results of the study will be used by the local government in setting up strategies for the creation and management of successful urban waterfront open space, and for those involved in planning and design act as a starting point for spatial programming and amenities arrangement in accordance to the city's tourism and urban marketing approach.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.283-324
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• 2011

The purpose of this paper is to research the air waybill and the carrier's liability in respect of the carriage of cargo by air under the Montreal Convention of 1999. The Warsaw Convention for the unification of certain rules for international carriage by air was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975 and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. Under the Montreal Convention, in respect of the carriage of cargo, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three orignal parts. Under the Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. The air waybill is not a document of title or negotiable instrument. Under the Montreal Convention, the air waybill is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of the part of the air waybill. Under the Montreal Convention, the carrier is liable by application of principle of strict liability for the damage sustained during the carriage of cargo by air. The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. Under the Montreal Convention, the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be and void. Under the Montreal Convention, if the carrier proves that the damage was caused by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, the carrier shall be wholly or partly exonerated from ist liability to the claimant to the extent that such negligence or wrongful act or omission caused the damage. Under the Montreal Convention, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention. Under the Montreal Convention, in the case of damage the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and at the latest, within fourteen days from the date of receipt of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the cargo has been placed at his disposal. if no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part. Under the Montreal Convention, the right to damage shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. In conclusion, the Montreal Convention has main outstanding issues with respect to the carrier's liability in respect of the carriage of cargo by air as follows : The amounts of limits of the carrier's liability, the duration of the carrier's liability, and the aviation liability insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.224-242
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• 2003

The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.11 no.2
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• pp.508-516
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• 2010

An autonomous and automatic home mess-cleanup robot is newly developed in this paper. Thus far, vacuum-cleaners have lightened the burden of household chores but the operational labor that vacuum-cleaners entail has been very severe. Recently, a cleaning robot was commercialized to solve but it also was not successful because it still had the problem of mess-cleanup, which pertained to the clean-up of large trash and the arrangement of newspapers, clothes, etc. Hence, we develop a new home mess-cleanup robot (McBot) to completely overcome this problem. The robot needs the capability for agile navigation and a novel manipulation system for mess-cleanup. The autonomous navigational system has to be controlled for the full scanning of the living room and for the precise tracking of the desired path. It must be also be able to recognize the absolute position and orientation of itself and to distinguish the messed object that is to be cleaned up from obstacles that should merely be avoided. The manipulator, which is not needed in a vacuum-cleaning robot, has the functions of distinguishing the large trash that is to be cleaned from the messed objects that are to be arranged. It needs to use its discretion with regard to the form of the messed objects and to properly carry these objects to the destination. In particular, in this paper, we describe our approach for achieving accurate localization using RFID for home mess-cleanup robots. Finally, the effectiveness of the developed McBot is confirmed through live tests of the mess-cleanup task.

• Korean Security Journal
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• no.44
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• pp.7-35
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• 2015

The objective of this article is to inform and document the contemporary development of the private security industry in Queensland Australia, a premier holiday destination that provide entertainment for the larger region. The purpose of this review is to examine the comtemporary development of mandated licensing regimes regulating the industry, and the necessary reform agenda. The overall aim is threefold: first, to chart the main outcomes of the two-wave of reforms since the mid-'90s; second, to examine the effectiveness of changes in modes of regulation; and third, to identify the criteria that can be considered a best practice based on Button(2012) and Prenzler and Sarre's(2014) criteria. The survey of the Queensland regulatory regime has demonstrated that, despite the federal-guided reforms, there remain key areas where further initiatives remain pending, markedly case-by-case utilisation of more proactive strategies such as on-site alcohol/drug testing, psychological evaluations, and checks on close associates; lack of binding training arrangement for technical services providers; and targeted auditing of licensed premises and the vicinity of venues by the Office of Fair Trading, a licensing authority. The study has highlighted the need for more determined responses and active engagements in these priority areas. This study of the development of the licensing regimes in Queensland Australia provides useful insights for other jurisdictions including South Korea on how to better manage licensing system, including the measures required to assure an adequate level of professional competence in the industry. It should be noted that implementing a consistency in delivery mode and assessment in training was the strategic imperative for the Australian authority to intervene in the industry as part of stimulating police-private partnerships. Of particular note, competency elements have conventionally been given a low priority in South Korea, as exemplified through the lack of government-sponsored certificate; this is an area South Korean policymakers must assume an active role in implementing accredited scheme, via consulting transnational templates, including Australian qualifications framework.

• Korean Journal of Environment and Ecology
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• v.22 no.3
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• pp.207-220
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• 2008

Tourism in the natural environment grows significantly and in many tropical countries it becomesthe important earning of the nations. Nevertheless, tourism impact to environment and cultural values has become the threats to the sustainability and competitiveness of such industry. Therefore, the appropriate planning and management of tourism destination sites where environmentally and culturally fragile are needed in order to increase economic benefits, sustain local culture and conserve environment in balance. The aims of the paper are to examine tourism practices, to determine socio-cultural and natural resources, and to assess local people perception to cultural landscape and its future tourism development in order to formulate the appropriate strategies to achieve sustainable tourism. A case study was carried out at Tengger highland, Bromo Tengger Semeru National Park(BTSNP) East Java. Official documents were gathered and interviews with several key persons had conducted to determine recent status of tourism, resources capital and the existence of local people. Semi-structured interviews and questionnaires were carried out at Tenggerese villages to explore local people perspectives to tourism development, culture preservation, and cultural landscape conservation issues. It is followed by descriptive analysis of vegetation to assess the recent status of environments based on vegetation information. Our findings reveals that tourism grows significantly at BTSNP, and Tengger Caldera as spiritual and cultural sites for local people become the centre for tourism activities. The abundance cultural and natural resources are the significant capital for sustainable tourism. Tenggerese argues that tourism should be planned to provide benefits to local people, preserve tradition and able to conserve nature in order to ensure the living sustainability of Tenggerese. The overall result of the study provide general feature of recent status of the cultural and natural resources as well as positive society perception in order to establish a strategy for sustainable tourism in cultural landscape.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.9-58
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• 2005

The Warsaw Convention-officially denominated the "Convention for the Unification of Certain Rules Relating to International Transportation by Air"- is a major multilateral agreement governing the rights and responsibilities of passengers, consignor/consignee and air carriers in international transportation. Article 29(1) of the Warsaw Convention provides that the right to damages shall be extinguished if an action is not brought within 2 years, reckoned from the date of arrival at the destination, from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped. There has been disagreement as to the nature of this provision. It has been viewed on one hand as a statute of limitations, which may be tolled in appropriate circumstances. Some US Courts which have taken this approach read Article 29(2)-which states that the method of calculating the period of limitation shall be determined by the law of the court to which the case is submitted-as leaving to local law the determination of when the 2-year limitation period provided for in Article 29(1) runs. Therefore, they conclude, under Article 29(2), whenever state law would toll a state statute of limitations, the statute of limitations contained in Article 29(1) would be tolled as well. On the other hand, some other US courts have viewed the 2-year provision contained in Article 29(1) as a condition precedent to the right to bring suit, which will absolutely bar any action not brought within 2 years of the events giving rise to the action. These courts view Article 29(2) as providing only that the forum court should look to the law of the forum on the question whether the plaintiff has taken the necessary measures within the 2-year period to invoke that particular court's jurisdiction over the action. These courts have placed great weight on the "legislative" history of the Convention in reaching this position, noting in particular that the delegates to the Convention expressly considered and rejected a provision, which would have incorporated local tolling provisions.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.99-144
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• 2016

The summary of the case is as follows: a Korean passenger booked and purchased a business class ticket from Air France that was scheduled to depart from Paris and arrive in Seoul. When the passenger arrived at the check-in counter, he was told that all business class seats were occupied. It was because the flight was overbooked by Air France. The passenger cancelled the Air France flight and took another air carrier. After arriving in Korea, he brought suit against Air France for damages. The purpose of this article is to discuss the governing law when interpreting the contract of international air carriage in accordance with the Korean Private International Act (2001) and to analyze air carrier's civil liability for the bumped passenger in the overbooking case. If the parties have not chosen the applicable law the contract shall be governed by the law of the habitual residence of the consumer in the following situations: prior to the conclusion of the contract, the opposite party of the consumer conducted solicitation of transactions and other occupational or business activities by an advertisement in that country or conducted solicitation of transactions and other occupational or business activities by an advertisement into that country from the areas outside that country and the consumer took all the steps necessary for the conclusion of the contract in that country or in case the opposite party of the consumer received an order of the consumer in that country [Article 27 (1), (2) of the Private International Act]. Since the contract of international carriage falls into the consumer contract, the Supreme Court viewed that the governing law of the contract in this case would be the law of the habitual residence of the consumer (Supreme Court Decision 2013Da8410 decided on Aug. 28, 2014). This interpretation differs from the article 5 (4) of Rome Convention(80/934/EEC) which declares that the consumer contract article shall not apply to neither a contract of carriage nor a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence. Even though overbooking can be considered as a common industry practice, an air carrier must burden civil liability in case of breach of contract for the involuntary bumped passenger(Seoul Central District Court Decision 2014Na48391 decided on Jan. 29, 2015). In case of involuntary bumping, an air carrier must offer re-routing to passenger's final destination by an alternative flight. If an air carrier fails to effect performance in accordance with the tenor and purport of the obligation, the involuntary bumped passenger may claim damages(Article 390 of the Civil Code).