• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.3-31
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• 2017

On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.3-30
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• 2011

According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

• Journal of the Korean Geographical Society
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• v.30 no.3
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• pp.296-310
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• 1995

Classification of spatial units into meaningful sets is an important procedure in spatial analysis. It is crucial in characterizing and identifying spatial structures. But traditional classification methods such as cluster analysis require an exact database and impose a clear-cut boundary between classes. Scrutiny of realistic classification problems, however, reveals that available infermation may be vague and that the boundary may be ambiguous. The weakness of conventional methods is that they fail to capture the fuzzy data and the transition between classes. Fuzzy subsets theory is useful for solving these problems. This paper aims to come to the understanding of theoretical foundations of fuzzy spatial analysis, and to find the characteristics of fuzzy classification methods. It attempts to do so through the literature review and the case study of urban classification of the Cities and Eups of Kyung-Nam Province. The main findings are summarized as follows: 1. Following Dubois and Prade, fuzzy information has an imprecise and/or uncertain evaluation. In geography, fuzzy informations about spatial organization, geographical space perception and human behavior are frequent. But the researcher limits his work to numerical data processing and he does not consider spatial fringe. Fuzzy spatial analysis makes it possible to include the interface of groups in classification. 2. Fuzzy numerical taxonomic method is settled by Deloche, Tranquis, Ponsard and Leung. Depending on the data and the method employed, groups derived may be mutually exclusive or they may overlap to a certain degree. Classification pattern can be derived for each degree of similarity/distance $\alpha$. By takina the values of $\alpha$ in ascending or descending order, the hierarchical classification is obtained. 3. Kyung-Nam Cities and Eups were classified by fuzzy discrete classification, fuzzy conjoint classification and cluster analysis according to the ratio of number of persons employed in industries. As a result, they were divided into several groups which had homogeneous characteristies. Fuzzy discrete classification and cluste-analysis give clear-cut boundary, but fuzzy conjoint classification delimit the edges and cores of urban classification. 4. The results of different methods are varied. But each method contributes to the revealing the transparence of spatial structure. Through the result of three kinds of classification, Chung-mu city which has special characteristics and the group of Industrial cities composed by Changwon, Ulsan, Masan, Chinhai, Kimhai, Yangsan, Ungsang, Changsungpo and Shinhyun are evident in common. Even though the appraisal of the fuzzy classification methods, this framework appears to be more realistic and flexible in preserving information pertinent to urban classification.

• Journal of Korean Academy of Nursing
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• v.24 no.4
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• pp.597-615
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• 1994

This study is designed to facilitate the creation of home environment conducive to the family taking care of chronic bed-ridden patients with more effective method. The need for this study has emerged against the background of marked changes in the structure of ailments and causes of death, resulting in the number and plights of chronic bed-ridden patients as well as of a rapid increase in demand for medical care and resulting premature discharge. Keeping these in mind, this study focused on home-wards where the majority of chronic bed-ridden patients are being cared for. Despite. their overriding importance, home-words are less than efficient in caring (or chronic bed-ridden patients. These circumstances require the designing of home-wards that can offer greater comfort to patients and at the same time make things easier for caregivers, on the basis of an overall analysis of patients' life and home - ward situation. According1y this study adopted a Participant Observation Method derived cultural anthropology, Toward this end, 3 patients were chosen as subjects of this study for intensive interviewing and participant observation. In the process of this field re-search efforts were made to collect emprical data, that is, to faithfully record the words of the subjects and their caregivers for analysis and interpretation. The findings of these analyses are as follows. Firstly, the chronic bed-ridden patients are mostly being taken care by close family members. Secondly, a room for the exclusive use of the patient, floor, kitchen, bathroom and multipurpose space were found to be necessary for proper caring of the patient. These spaces were respectively used with a view to 1) accomodating the patient as well as caregivers' activities, 2) keeping general and medical supplies and other appliances for patient's care and drying the patient's washing, 3) preparing and keeping the patient's foods and beverages, 4) keeping the supplies necessary for cleaning the patient's body and treating the patient's eliminations, 5) washing the patient's clothes, underwears and bedclothes. The patient's room in turn is subdivided into six portions in terms of uses : specifically the places for accomodating 1) the patient, 2) medical supplies, 3) medicines, 4) linens St clothes, 5) bedclothes and, 6) diapers. Thirdly, the activities of the caregiver are subdivided into seven key areas : hygiene, exercise, diet, elimination, therapeutic nursing, prevention of sore, and other activities. Each area is further classified into several different activities of caring. These activities we mainly carried out in the patient's room. Fourthly, the supplies for caring the chronic bed-ridden patient is divided into two large domains : medical and general supplies. Finally, three main problems areas were found in this study on the part of caregivers, that is, sore prevention, hygiene problem related frequent urination / defecation, the caregiver's physical, psych ological and emotional burden. In consideration of the aforesaid problem areas, a model home-ward was developed in this study. The newly-developed model has been found to have the following six advantages. Firstly, the time and effort required for maintaining the patient's hygiene are reduced, thus relievins the caregiver's physical and psychological bur-den. Secondly, the patient's hygiene can be maintained in satisfactory conditions, because the patient's eliminations are more easily removed. Thirdly, skin irritations caused by the patient's eliminations were remarkably reduced and so were the patient's sores due to moisture and bacteria. Fourthly, the home-ward have a tilt-table ef-fect thanks to the inclining room floor. This improves the patient's cardiovascular function as well as constantly changes pressed skin areas and thus prevents sores. Fifthly, improved shelf arrangements help make the best use of patient's supplies. Sixthly, the trouble of continuously changing clothes, underwears, diapers & bedclothes is remarkably reduced simply by covering the patient with cotton sheets when laid in bed. This is espected to cut down expenses by reducing the comsumptions of diapers and other disposable supplies.

• Asia pacific journal of information systems
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• v.18 no.2
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• pp.95-114
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• 2008

Recent interests in data mining result from the expansion of the amount of business data and the growing business needs for extracting valuable knowledge from the data and then utilizing it for decision making process. In particular, recent advances in association rule mining techniques enable us to acquire knowledge concerning sales patterns among individual items from the voluminous transactional data. Certainly, one of the major purposes of association rule mining is to utilize acquired knowledge in providing marketing strategies such as cross-selling, sales promotion, and shelf-space allocation. In spite of the potential applicability of association rule mining, unfortunately, it is not often the case that the marketing mix acquired from data mining leads to the realized profit. The main difficulty of mining-based profit realization can be found in the fact that tremendous numbers of patterns are discovered by the association rule mining. Due to the many patterns, data mining experts should perform additional mining of the results of initial mining in order to extract only actionable and profitable knowledge, which exhausts much time and costs. In the literature, a number of interestingness measures have been devised for estimating discovered patterns. Most of the measures can be directly calculated from what is known as a contingency table, which summarizes the sales frequencies of exclusive items or itemsets. A contingency table can provide brief insights into the relationship between two or more itemsets of concern. However, it is important to note that some useful information concerning sales transactions may be lost when a contingency table is constructed. For instance, information regarding the size of each market basket(i.e., the number of items in each transaction) cannot be described in a contingency table. It is natural that a larger basket has a tendency to consist of more sales patterns. Therefore, if two itemsets are sold together in a very large basket, it can be expected that the basket contains two or more patterns and that the two itemsets belong to mutually different patterns. Therefore, we should classify frequent itemset into two categories, inter-pattern co-occurrence and intra-pattern co-occurrence, and investigate the effect of the market basket size on the two categories. This notion implies that any interestingness measures for association rules should consider not only the total frequency of target itemsets but also the size of each basket. There have been many attempts on analyzing various interestingness measures in the literature. Most of them have conducted qualitative comparison among various measures. The studies proposed desirable properties of interestingness measures and then surveyed how many properties are obeyed by each measure. However, relatively few attentions have been made on evaluating how well the patterns discovered by each measure are regarded to be valuable in the real world. In this paper, attempts are made to propose two notions regarding association rule measures. First, a quantitative criterion for estimating accuracy of association rule measures is presented. According to this criterion, a measure can be considered to be accurate if it assigns high scores to meaningful patterns that actually exist and low scores to arbitrary patterns that co-occur by coincidence. Next, complementary measures are presented to improve the accuracy of traditional association rule measures. By adopting the factor of market basket size, the devised measures attempt to discriminate the co-occurrence of itemsets in a small basket from another co-occurrence in a large basket. Intensive computer simulations under various workloads were performed in order to analyze the accuracy of various interestingness measures including traditional measures and the proposed measures.

• Journal of the Korean Geographical Society
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• v.52 no.1
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• pp.25-53
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• 2017

The ultimate goal of this research is to examine the geographical characteristics of therapeutic spaces where have been appeared in Wa-dong and Gojan-dong, Ansan-si after the disaster of the MV Sewol. As looking into the inside, the aim of the therapeutic spaces, which cover each target group (victims) individually, is various and different because the disaster of the MV Sewol generated various direct and indirect victims requiring healing. The therapeutic spaces are estimated at about 10 organizations and are leaded by private agents predominantly. Furthermore, the therapeutic spaces are located near, but are aside from Danwon high school where many students are reported killed and injured in the incident. And the therapeutic spaces provide simple and repetitive diversions, for example, having a meal, knitting and studying, rather than special programs to restore a broken daily life to the original state. On the basis of such a background, the geographical characteristics of the therapeutic spaces related to the disaster of the MV Sewol can be summarized as follows; first, it seems that target groups accept the therapeutic spaces as the concept of place gradually. Even though most of the therapeutic spaces were suggested by third parties at first, target groups are involved in the management and recollection of their own therapeutic spaces as well as the plan for a future direction now; and consider the therapeutic spaces as exclusive properties. Second, the disaster of the MV Sewol have embedded collective trauma to not only direct victims, but extensive groups such as parents, brothers and sisters, relatives, friends and neighbors as noted earlier. Therefore, the therapeutic spaces support comprehensive target groups; but each therapeutic space is not overlapped each other. However, to solve collective trauma in a local community effectively, the therapeutic spaces are networked closely and build a regular cooperative system. Third, a continuous memory is mentioned as an important point to overcome collective trauma, but some phenomena such as fatigue and conflict with neighbors, out-migrants and a faded atmosphere as time passes act as risk factors in Ansan-si. To keep a continuous memory, the therapeutic spaces attempt the recovery of local communities and devise various events, for example, cultural performances; furthermore, are closely connected with external organizations.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.6
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• pp.719-730
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• 2017

Recently, oceanic research has been carried out investigating global scientific interests and the territorial management of national marine jurisdictional waters, including exclusive economic zones (EEZ) and the open seas. To meet the needs of ocean researchers pursuing these - objectives, acquiring advanced research infrastructure, including research vessels, large facilities, and equipment, is a top priority in ocean science. However, ocean science is a similar to space science, and securing resources and state-of-the-art technology can be expensive. Faced with these challenges, our study focused on establishing a strategy for the efficient operation and management of research vessels, attempting to establish benchmarks from foreign examples that can be adapted to suit the target context. The results of this study provide ways to identify operating systems that could increase the efficiency of joint-use research vessels. The different systems examined in this study included a joint-use committee-based management system (JCMS, Type 1), private enterprise entrusted operating system (PEOS, Type 2), institutional investment operating system (IIOS, Type 3), and commissioned executive operating system (CEOS, Type 4). The efficiencies of JCMS, PEOS, IIOS and CEOS were 9.17, 5.82, 11.2 and -1.72 %, respectively. Given the total costs involved, the most affordable operating system was IIOS. JCMS was the most cost-effective system based on a quantitative cost-benefit analysis, but IIOS also had an acceptable cost-benefit balance. An operational committee would be required and regulations and guidelines shoulde be established to employ, JCMS, while a strategy to yield independent revenue would be needed to utilize an IIOS system.

• The Journal of Korean Philosophical History
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• no.42
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• pp.259-294
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• 2014

The key concept of political thoughts of Confucianism is 'Tian(天)=the Heaven' and 'Ren(人)=the Human being'. In particular, the meaning of 'the Heaven(天)' is profoundly exclusive in Confucianism in comparison to the other concepts. It is because that 'the Heaven' is connected with 'Ri(理)' which explains the human being and the heaven metaphysically, and the discussions about those concepts have also been widening to the political field. And if the concept of 'the Heaven's nature(天命)' is excluded, it is difficult for us to discuss the essence of political thought of Confucianism. This paper argued how the politicalization of 'the Heaven' which was private dimension of monarch in the strict sense, changed to the public dimension of people in Japan in the early 18th century through some theories of the two famous philosopher, Ito-Jinsai(伊藤仁齋) and Ogyu-Sorai(荻生?徠) who belonged to the 'Kogakuha(古學派)'. The doctrines of Chu-tzu(朱子學) has hold absolute authority over the history of the oriental political thoughts. But the authority have gone through the stage of disorganization in a unique space called Eto(江戶) era of Japan. Therefore, the interpretations and concept establishments in a new dimension are naturally formed in that periods about 'Min(民)=People'. Based on discussions like this, the purpose of this paper is to study how those movements are emerged in what kinds of thinking and debating process. In part of Ito-Jinsai, this paper have reconsidered the concept of 'People' which Jinsai had thought and examined closely with critical mind about 'In(仁)=Mercy'. In case of Ogyu-Sorai, this paper have argued his political theory of 'the welfare of the people in the nation(安民天下)', in clarifying with the concept of 'the Roads of the Saint(先王의 道)' and the meaning about his declaration that "the Six Scripture(六經) is things(物)". The meaning of political view of this two philosopher is in the point to suggest some kinds of cure for problems of those days with the former days values. In the Jinsai's doctrine, that cure is 'the realization of the rule of right(王道)' based on new interpretation of 'Mersy'. And in case of Sorai, that is a form of independence of politics from morality based on 'the Roads of the Saint'.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.83-153
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• 2015

As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.