• Title/Summary/Keyword: Documentation Case

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A Study on 'the Ecological Archive' in the Anthropocene (인류세 시대 '생태 아카이브' 구축에 관한 연구)

  • Lee, Kyong Rae
    • The Korean Journal of Archival Studies
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    • no.68
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    • pp.205-241
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    • 2021
  • This article explores how to incorporate the topic of the global environmental crisis called the "anthropocene" into archives studies and connect it to ecological practical reasons. In order to encourage discussion of archival studies, which puts the environmental crisis at a kind of archive constant value, this study seeks to examine the possibility of a quality shift in archival studies based on ecology. This article aims to go beyond the pragmatism of preparing improvements to eco-friendly record management, which is recently claimed by the "Green Archive" in Western archival studies. It calls for a new concept called 'ecological archive', which theoretically combines a more archives-based and ecological paradigm, and its epistemological transformation. Specifically, the ecological approach of archives is first discovered in the discussion of archival studies and at the same time, through the "ecological turn" of archives emphasized by recent anthropocene discourses, the concept of "ecological archive" emphasized by this article is embodied. This study uses 'ecological archive' as a universal and theoretical framework for archives as a basic concept for building ecological 'living' archives. In other words, for the construction of ecological archives, we reinterpret and extend so-called democratic values for archives, i.e., post-custodianship, community archives, and archives of emotions. Finally, the records of foot-and-mouth disease killing burial sites, an important site and example of the anthropocene tragedy, exemplifies the methodology of the actual application of ecological living archives. The case analysis aims to seek a new qualitative shift in record management that adapts to global ecological transformation, while also emphasizing the documentation by archival activism in ecological field practices jointly organized by archivists and citizens.

A Study on the Water-Faring Community and Architectural Forms of the 'Tanka People' in Macau from the Ming and Qing Dynasties to the Modern Period (명청-근대시기 마카오 "수상인(水上人)"의 취락 및 건축유형 연구)

  • Hong, Shu-Ying;Han, Dong-Soo
    • Journal of architectural history
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    • v.32 no.3
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    • pp.7-20
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    • 2023
  • The compositions of ethnic groups in Macau vary with time. Prior to the opening of the port, the majority of the residents in Macau were Chinese people, including those living on land and at sea. After the port was opened, with the increase of Portugal businessmen and missionaries, the population was divided into Chinese people and foreigners (so-called 'Yiren' or 夷人 in Chinese). Chinese people living on land were mainly of Hakka, Fujian, and Cantonese descent. Those living at sea were referred to as 'Tanka People' (named 'Danmin' or 蜑民in Chinese). They lived on floating boats for their entire lives and were similar to the 'drifters' in Japan. Since modern times, many refugees from mainland China and Southeast Asia flooded into Macau due to warfare. The development of industrialization required a larger number of laborers, and some 'coolies' entered Macau in legal or illegal ways, making it a multi-ethnic city. However, the Tanka people were not considered a minority ethnic group under the national ethnic policy of 56 ethnic groups since they did not have an exclusive language and shared dialects in different regions. As the ports inhabited by Tanka people gradually restored foreign trade, the boats and stilt houses used by Tanka people were dismantled to expand the infrastructure area of the ports. Many Tanka people began to live on land and marry people on land, leading to the disappearance of the Tanka group in Macau. The fishing boats and stilt houses used by Tanka people have also disappeared, with only a few remaining in areas such as Pearl River Delta and Hong Kong. This paper examines the natural and social environment of Tanka people in Macau from the Ming and Qing dynasties to the Republic of China, as well as the adaptive changes they adopted for the aforementioned environment in terms of living space and architectural type, on the basis of summarizing the historical activities of Tanka people. Finally, this study provides a layout plan and interior structure of the most commonly used boat for Tanka people from the Ming and Qing dynasties to the Republic of China, with the use of CAD and other technical software, along with reference to written historical documentation, and provides a case study for further research on the architectural history of Macau's inner harbor cities, from anthropological and folklore perspectives.

A Study on the Component-based GIS Development Methodology using UML (UML을 활용한 컴포넌트 기반의 GIS 개발방법론에 관한 연구)

  • Park, Tae-Og;Kim, Kye-Hyun
    • Journal of Korea Spatial Information System Society
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    • v.3 no.2 s.6
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    • pp.21-43
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    • 2001
  • The environment to development information system including a GIS has been drastically changed in recent years in the perspectives of the complexity and diversity of the software, and the distributed processing and network computing, etc. This leads the paradigm of the software development to the CBD(Component Based Development) based object-oriented technology. As an effort to support these movements, OGC has released the abstract and implementation standards to enable approaching to the service for heterogeneous geographic information processing. It is also common trend in domestic field to develop the GIS application based on the component technology for municipal governments. Therefore, it is imperative to adopt the component technology considering current movements, yet related research works have not been made. This research is to propose a component-based GIS development methodology-ATOM(Advanced Technology Of Methodology)-and to verify its adoptability through the case study. ATOM can be used as a methodology to develop component itself and enterprise GIS supporting the whole procedure for the software development life cycle based on conventional reusable component. ATOM defines stepwise development process comprising activities and work units of each process. Also, it provides input and output, standardized items and specs for the documentation, detailed instructions for the easy understanding of the development methodology. The major characteristics of ATOM would be the component-based development methodology considering numerous features of the GIS domain to generate a component with a simple function, the smallest size, and the maximum reusability. The case study to validate the adoptability of the ATOM showed that it proves to be a efficient tool for generating a component providing relatively systematic and detailed guidelines for the component development. Therefore, ATOM would lead to the promotion of the quality and the productivity for developing application GIS software and eventually contribute to the automatic production of the GIS software, the our final goal.

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An essay on appraisal method over official administration records ill-balanced. -For development of appraisal process and method over chosun government-general office records- (불균형 잔존 행정기록의 평가방법 시론 - 조선총독부 공문서의 평가절차론 수립을 위하여 -)

  • Kim, Ik-Han
    • The Korean Journal of Archival Studies
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    • no.13
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    • pp.179-203
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    • 2006
  • This study develops the process and method of official administration documents which have remained ill-balanced like the official documents of the government-general of Chosun(the pro-Japanese colonial government (1910-1945)). At first, the existing Appraisal-theories are recomposed. The Appraisal-Theories of Schellenberg is focused valuation about value of records itself, but fuction-Appraisal theory is attached importance to operational activities which take the record into action. But given that the record is a re-presentation of operational activities, the both are the same on the philosophy aspect. Therefore, in the case that the process - method is properly designed, it can be possible to use a composite type between operational activities and records. Also, a method of the Curve has its strong points in the macro and balanced aspect while the Absolute has it's strength in the micro aspect, so that chances are that both alternate methodologies are applied to the study. Hereby, the existing Appraisal theories are concluded to be the mutually-complemented things that can be easily put together into various forms according to the characteristics of an object and its situation, in the terms of the specific Appraisal methodology. Especially, in the case of this article dealing with the imbalance remains official-documents, it is necessary to compromise more properly process with a indicated useful method than establishing a method and process by choosing the only one theory. In order to appraise the official-documents of the pro-Japanese colonial government (1910-1945), a macro appraisal of value has to be appraised about them by understanding a system, functions and using the historical-cultural evolution, after analysing Disposal Authority. From this, map the record so that organization function maps are constructed regarding the value rank of functions and detailed-functions. After this, establish the appraisal strategy considering the internal environment of archival agencies and based on micro appraisal to a great quantity of records remained and supplying other meaning to a small quantity of records remained for example, the oral resources production are accomplished. The study has not yet reached the following aspects ; a function analysis, historical decoding techniques, a curve valuation of the record, the official gazette of the government general of Chosun( the pro-Japanese government for 1910-1945), an analysis method of the other historical materials and it's process, presentation of appraisal output image. As the result, that's just simply a proposal and we should fill in the above-mentioned shortages of the study through development of all the up-coming studies.

A Study on the Online Newspaper Archive : Focusing on Domestic and International Case Studies (온라인 신문 아카이브 연구 국내외 구축 사례를 중심으로)

  • Song, Zoo Hyung
    • The Korean Journal of Archival Studies
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    • no.48
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    • pp.93-139
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    • 2016
  • Aside from serving as a body that monitors and criticizes the government through reviews and comments on public issues, newspapers can also form and spread public opinion. Metadata contains certain picture records and, in the case of local newspapers, the former is an important means of obtaining locality. Furthermore, advertising in newspapers and the way of editing in newspapers can be viewed as a representation of the times. For the value of archiving in newspapers when a documentation strategy is established, the newspaper is considered as a top priority that should be collected. A newspaper archive that will handle preservation and management carries huge significance in many ways. Journalists use them to write articles while scholars can use a newspaper archive for academic purposes. Also, the NIE is a type of a practical usage of such an archive. In the digital age, the newspaper archive has an important position because it is located in the core of MAM, which integrates and manages the media asset. With this, there are prospects that an online archive will perform a new role in the production of newspapers and the management of publishing companies. Korea Integrated News Database System (KINDS), an integrated article database, began its service in 1991, whereas Naver operates an online newspaper archive called "News Library." Initially, KINDS received an enthusiastic response, but nowadays, the utilization ratio continues to decrease because of the omission of some major newspapers, such as Chosun Ilbo and JoongAng Ilbo, and the numerous user interface problems it poses. Despite these, however, the system still presents several advantages. For example, it is easy to access freely because there is a set budget for the public, and accessibility to local papers is simple. A national library consistently carries out the digitalization of time-honored newspapers. In addition, individual newspaper companies have also started the service, but it is not enough for such to be labeled an archive. In the United States (US), "Chronicling America"-led by the Library of Congress with funding from the National Endowment for the Humanities-is in the process of digitalizing historic newspapers. The universities of each state and historical association provide funds to their public library for the digitalization of local papers. In the United Kingdom, the British Library is constructing an online newspaper archive called "The British Newspaper Archive," but unlike the one in the US, this service charges a usage fee. The Joint Information Systems Committee has also invested in "The British Newspaper Archive," and its construction is still ongoing. ProQuest Archiver and Gale NewsVault are the representative platforms because of their efficiency and how they have established the standardization of newspapers. Now, it is time to change the way we understand things, and a drastic investment is required to improve the domestic and international online newspaper archive.

A Study of Detainees' Perceptions of the Detention Facilities of the Police Station and their Operation (경찰서 유치장 시설 및 운영에 관한 유치인의 인식연구)

  • Jung, Woo-Yeoul;Park, Dong-Kyun;Kim, Do-Kyun
    • Korean Security Journal
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    • no.13
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    • pp.423-449
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    • 2007
  • This research is to investigate the detention facilities of police stations and their real operations through the perceptions of detainees at police station cells and to present the policy suggestions for them. To fulfill the research, a questionnaire was made out on the basis of 'the Regulation on Detention and Escort for Suspects'. 'the Regulation on a Standard Plan for Detention Facilities' and 'the Regulation on the Lowest Standard to Treat Detainees' ; and detainees at 23 police station cells under the jurisdiction of Kyungbuk Local Police Agency were asked to answer it. Policy suggestions following from the result of the investigation of detainees' perceptions of the detention facilities of the police stations are as follows; Firstly, the structure of police station cells should be arranged in straight lines in order to take their human rights into consideration and more detention facilities are needed to be built in order to separate male, female, handicapped and juvenile inmates. Secondly, shower rooms and washrooms outside the cells should always be open to detainees whenever they need to be used. Thirdly, any detention facilities deficient in fire fighting equipment should have exit doors installed as soon as possible in case of an emergency and provide sufficient fire extinguishers considering the number of detainees and the size of the facilities. Fourthly, the detention facilities should have sufficient windows for ventilation and take necessary measures to obtain natural lighting instead of electric lighting. Fifthly, air conditioners should be equipped properly taking account of the number of detainees and the dimensions of the facilities. Policy suggestions according to the result of the investigation of detainees' perceptions of the operation of detention facilities of police stations are as follows; Firstly, the problem of operating the detention facilities must deal with worn-out facilities and measures to secure the budget should be taken as soon as possible. Secondly, considering that most detained suspects have difficulties in livelihood, daily necessaries must be issued to them. Thirdly, personal belongings deposited by inmates must be properly managed with the same documentation throughout the police station detention facilities. The number of female guards to take exclusive charge of the physical checkups and processing of female detainees should be increased. Also the facilities for handicapped detainees must be expanded, improved and managed properly. Fourthly, except for handcuffs and ropes to bind detainees in the detention facilities, helmets to prevent self-harm must be withdrawn. The budget to improve the quality of meal issued by the government must be urgently secured and the price of private food sent to detainees must be readjusted to be in line with the consumer price. Health and medical care and sanitation for detainees must be substantial, and also sunbathing and outdoor exercises should be allowed to detainees.

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Status of the Constitutional Court Records Management and Improvement (헌법재판소 기록관리현황과 개선방안)

  • Lee, Cheol-Hwan;Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.38
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    • pp.75-124
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    • 2013
  • This study aims, by paying attention to the special values of records of Constitutional Court, to discuss the characteristics of them and figuring out their present state, and to suggest some measures for improvement in the records management. First of all, I defined the concept of the records of Constitutional Court and its scope, and made an effort to comprehend their types and distinct features, and on the basis of which I tried to grasp the characteristics of the records. Put simply, the records of Constitutional Court are essential records indispensible to the application of Constitutional Court's documentation strategy of them, and they are valuable particularly at the level of the taking-root of democracy and the guarantee of human rights in a country. Owing to their characteristics of handling nationally important events, also, the context of the records is far-reaching to the records of other constitutional institutions and administrations, etc. In the second place, I analyzed Records Management Present State. At a division stage, I grasped the present state of creation, registration, and classification system of records. At an archives repository stage, I made efforts to figure out specifically the perseveration of records and the present of state of using them. On the basis of such figuring-outs of the present situation of records of Constitutional Court, I pointed at problems in how to manage them and suggested some measures to improve it in accordance with the problems, by dividing its process into four, Infrastructure, Process, Opening to the public and Application. In the infrastructure process, after revealing problems in its system, facilities, and human power, I presented some ways to improve it. In terms of its process, by focusing on classification and appraisal, I pointed out problems in them and suggested alternatives. In classification, I suggested to change the classification structure of trial records; in appraisal, I insisted on reconsidering the method of appropriating the retention periods of administration records, for it is not correspondent with reality in which, even in an file of a event, there are several different retention periods so it is likely for the context of the event worryingly to be segmented. In opening to the public and application, I pointed at problems in information disclosure at first, and made a suggestion of the establishment of a wide information disclosure law applicable to all sort of records. In application, I contended the expansion of the possibility of application of records and the scope of them through cooperation with other related-institutions.

Development and Application of an Online Clinical Practicum Program on Emergency Nursing Care for Nursing Students (간호학생의 응급환자간호 임상실습 온라인 프로그램 개발 및 적용)

  • Kim, Weon-Gyeong;Park, Jeong-Min;Song, Chi-Eun
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.1
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    • pp.131-142
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    • 2021
  • Purpose: Clinical practicums via non-face-to-face methods were inevitable due to the COVID-19 pandemic. We developed an online program for emergency nursing care and identified the feasibility of the program and the learning achievements of students. Methods: This was a methodological study. The program was developed by three professors who taught theory and clinical practicum for adult nursing care and clinical experts. Students received four hours of video content and two task activities every week in four-week program. Real-time interactive video conferences were included. Qualitative and qualitative data were collected. Results: A total of 96 students participated in the program. The mean score for overall satisfaction with the online program was 4.72(±1.02) out of 6. Subjects that generally had high learning achievement scores were basic life support care, fall prevention, nursing documentation, infection control, and anaphylaxis care. As a result of a content analysis of 77 reflective logs on the advantages of this program, students reported that "experience in applying nursing process," "case-based learning and teaching method," and "No time and space constraints" were the program's best features. Conclusion: Collaboration between hospitals and universities for nursing is more important than ever to develop online content for effective clinical practicum.

Study on the Painting of Gyeongwoo-gung Shrine (景祐宮圖) (국립문화재연구소 소장 '경우궁도(景祐宮圖)'에 관한 연구)

  • Kim, Kyung Mee
    • Korean Journal of Heritage: History & Science
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    • v.44 no.1
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    • pp.196-221
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    • 2011
  • The Royal Private Shrines or the Samyo(私廟), were dedicated to members of Choseon's royal family who could not be enshrined at the (official) Royal Ancestral Shrine, the Jongmyo(宗廟). The Samyo were constructed at the national level and were systematically managed as such. Because these private Shrines were dedicated to those who couldn't belong to the Jongmyo but were still very important, such as the ruling king's biological father or mother. The details of all royal constructions were included in the State Event Manuals, and with them, the two-dimensional layouts of the Samyo also. From the remaining "Hyunsa-gung Private Tomb Construction Layout Record(顯思宮別廟營建都監儀軌)" of 1824, which is the construction record of Gyeongwoo-gung Shrine(景祐宮) dedicated to Subin, the mother of King Sunjo(純祖), it became possible to investigate the so far unknown "The Painting of Gyeongwoo-gung Shrine", in terms of the year produced, materials used and other situational contexts. The investigation revealed that the "The Painting of Gyeongwoo-gung Shrine" is actually the "Hyunsa-gung Private Tomb Layout" produced by the Royal Construction Bureau. The bureau painted this to build Hyunsa-gung Private Shrine in a separately prepared site outside the court in 1824, according to the royal verdict to close down and move the temporary shrine inside the courtyard dedicated to Subin who had passed away in 1822. As the Construction Bureau must have also produced the Gyeongwoo-gung Shrine Layout, the painter(s) of this layout should exist among the official artists listed in the State Event Manual, but sadly, as their paintings have not survived to this day, we cannot compare their painting styles. The biggest stylistic character of the Painting of Gyeongwoo-gung Shrine is its perfect diagonal composition method and detailed and neat portrayalof the many palace buildings, just as seen in Donggwoldo(東闕圖, Painting of a panoramic view for Changdeokgung and Changgyeonggung Palaces). A well-perceiving architectural painting employs a specific point of view chosen to fit the purpose of the painting, or it can opt to the multi-viewpoint. Korean traditional architectural paintings in early ages utilized the diagonal composition method, the bird-eye viewpoint, or the multi-viewpoint. By the 18th century, detailed but also artistic architectural paintings utilizing the diagonal method are observed. In the early 19th century, the peak of such techniques is exhibited in Donggwoldo(Painting of a panoramic view for Changdeokgung and Changgyeonggung Palaces). From the perfect diagonal composition method employed and the details of the palace buildings numbering almost two hundreds, we can determine that the Painting of Gyeongwoo-gung Shrine also belongs to the same category of the highly technical architectural paintings as Donggwoldo(Painting of a panoramic view for Changdeokgung and Changgyeonggung Palaces). We can also confirm this hypothesis by comparing the painting techniques employed in these two paintings in detailthe way trees and houses are depicted, and the way ground texture is expressed, etc. The unique characteristic of the Painting of Gyeongwoo-gung Shrine is, however, that the area surrounding the central shrine building(正堂), the most important area of the shrine, is drawn using not the diagonal method but the bird-eye viewpoint with the buildings lying flat on both the left and right sides, just as seen in the "Buildings Below the Central Shrine(正堂以下諸處)" in the State Event Manual's Painting Method section. The same viewpoint method is discovered in some other concurrent paintings of common residential buildings, so it is not certain that this particular viewpoint had been a distinctive feature for shrine paintings in general. On the other hand, when the diagonalmethod pointing to the left direction is chosen, the top-left and bottom-right sections of the painting become inevitably empty. This has been the case for the Painting of Gyeongwoo-gung Shrine, but in contrast, Donggwoldo shows perfect screen composition with these empty margins filled up with different types of trees and other objects. Such difference is consistent with the different situational contexts of these two paintings: the Painting of Gyeongwoo-gung Shrine is a simple single-sheet painting, while Donggwoldo is a perfected work of painting book given an official title. Therefore, if Donggwoldo was produced to fulfill the role of depiction and documentation as well as the aesthetic purpose, contrastingly, the Painting of Gyeongwoo-gung Shrine only served the purpose of copying the circumstances of the architecture and projecting them onto the painting.

Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.9-39
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    • 2003
  • The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

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