• Title/Summary/Keyword: Extraordinary Circumstances

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The Delay of Re-Routing Flight and Scope of Extraordinary Circumstances in the European Air Transportation Law: A Case Comment on A and Others v. Finnair Oyj [2020] Case C-832/18 (EU항공여객운송법 체제에서 대체항공편의 운항지연과 특별한 사정의 범위 - 2020년 EU사법재판소 A and Others v. Finnair Oyj, Case C-832/18 판결을 중심으로 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.197-224
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    • 2020
  • This paper reviews and criticizes some issues as to the case of A and Others v. Finnair Oyj [2020] Case C-832/18 by examining EU Regulations and practical point of views. Under this case, the travellers brought an action against Finnair in light of the Air Passenger Regulation12, seeking compensation for both the first cancelled flight, and the delayed re-routed flight. Finnair had paid the first compensation, but refused to grant the second claim, arguing that the regulation did not set out that passengers were eligible for a second claim in those situations, and that the delay of the second flight was a consequence of 'extraordinary circumstances' under the regulation. The Court of Appeal in Helsinki has asked the CJEU whether an air passenger is entitled to a further compensation where a re-routed flight they have agreed to take is delayed, where both the original and rerouted flight are operated by the same air carrier. The CJEU held that the regulation does not in any way limit the rights of passengers where they find their flights being re-routed. As such, under earlier CJEU case law, the relevant travellers here were entitled to compensation for cancellation of the first flight and delay of the second flight. It also disagreed with Finnair's assessment that the technical failure in the re-routing flight was a matter of extraordinary circumstances.

A study for Mental disorder of Women II -focus on the cause of treatment- (부인(婦人) 정신장애에 대한 연구 II - 치료 중심으로)

  • Kim, Geun-Woo
    • Journal of Oriental Neuropsychiatry
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    • v.16 no.2
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    • pp.53-64
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    • 2005
  • Objects : This study was aimed to investigate the treatment on Mental disorder of Women. Methods : Research data is based on Buindaejoenyangbang and Dong-uibogam. And study the treatment in Mental disorder of Women. Results : 1. Owing to women's physiological extraordinary nature, Mental disorder of Women’s treatment does not match Dongyipogam’s about the same symptoms. 2. Most of happing the symptom is due to blood Wind(four flavors) and deficiency of the Heart, treatments are dispelling Wind, tonifying blood of the Heart and calming the spirit. 3. At postpartum, Mental disorder of Women’s causes are deteriorating blood vanquished blood and external affections with a blood deficiency from the loss of blood, treatments are tonifying the blood, expel Wind and clear Cold and remove blood stagnation to promote regeneration. Conclusion : The results suggest that the extraordinary nature of the circumstances due to women specific pathology must be considered.

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The Meaning of Extraordinary Circumstances under the Regulation No 261/2004 of the European Parliament and of the Council (EC 항공여객보상규칙상 특별한 사정의 의미와 판단기준 - 2008년 EU 사법재판소 C-549/07 (Friederike Wallentin-Hermann v Alitalia) 사건을 중심으로 -)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.109-134
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    • 2014
  • Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation of assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (Regulation No 261/2004) provides extra protection to air passengers in circumstances of denied boarding, cancellation and long-delay. The Regulation intends to provide a high level of protection to air passengers by imposing obligations on air carriers and, at the same time, offering extensive rights to air passengers. If denied boarding, cancellation and long-delay are caused by reasons other than extraordinary circumstances, passengers are entitled for compensation under Article 7 of Regulation No 261/2004. In Wallentin-Hermann v Alitalia-Linee Aeree Italiane SpA(Case C-549/07, [2008] ECR I-11061), the Court did, however, emphasize that this does not mean that it is never possible for technical problems to constitute extraordinary circumstances. It cited specific examples of where: an aircraft manufacturer or competent authority revealed that there was a hidden manufacturing defect on an aircraft which impacts on safety; or damage was caused to an aircraft as a result of an act of sabotage or terrorism. Such events are not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin. One further point arising out of the court's decision is worth mentioning. It is not just necessary to satisfy the extraordinary circumstances test for the airline to be excused from paying compensation. It must also show that the circumstances could not have been avoided even if all reasonable measures had been taken. It is clear from the language of the Court's decision that this is a tough test to meet: the airline will have to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able - unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time - to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight.

On the base inflectional forms of Korean old vernacular letters (언간에 나타나는 어기활용형에 대한 고찰)

  • Lee, Hyun-Ju
    • (The)Study of the Eastern Classic
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    • no.56
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    • pp.297-329
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    • 2014
  • This paper aims to examine the base inflectional forms of Korean old vernacular letters, and explain why it appears with frequency. In the korean old vernacular letters, the suffix 'ha-' and ending of the 'Base+ha-' adjective derivation are not appear with extraordinary frequency. I called it the base inflectional forms. I consider it in function and morphological constructions and also the syntactic constructions. Whenever Joseon-era people wrote a letter with a time limit, they have need to diminish their exertion to use of the brush. Therefore the base inflectional forms appear with extraordinary frequency in comparison with other papers. In the 'X ha-' word formation of Korean old vernacular letters, 'ha-' is formal morpheme without substantial meaning. So 'X' is left and 'ha-' and ending can be omitted resolutely. The base inflectional forms are occurred to voluntary language performance for a particular intention. but it is not appear in all conditions. In some circumstances, it appear. I checked out the constructions on base inflectional forms. In the 'X ha-' word formation, 'X' is predicative base without fail. and the ending which take part in base inflectional forms has a grammatical function unadulteratedly.

Improving Bootup Time of Embedded Linux using Snapshot Image Created on Boot Time (부팅 시 생성한 스냅샷 이미지를 이용한 임베디드 리눅스의 부팅 속도 향상 방안)

  • Joe, In-Whee;Lee, Sang-Cheol
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.36 no.3B
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    • pp.254-259
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    • 2011
  • This paper attempts to propose a method to improve the snapshot boot method, one of the methods to enhance the booting speed of the embedded Linux based system and to increase its efficiency. Snapshot boot is a method of using suspend/resume that is a method of saving and restoring the entire information of the current tasks, and it enhances the booting speed by processing a restoration of previous tasks from the bootloader instead of processing the Linux booting. The facing problem of snapshot boot is that it takes a long time to create images and save them to the storage device during the suspend process since it targets every pages. Additionally, if the switch is turned off while creating an image by some extraordinary circumstances, then the image is not created and thus, the resume process of snapshot boot cannot be executed. The suggest method in this paper creates the snapshot image for once only and utilize the image to enhance the speed and stability on booting.

Denied Boarding and Compensation for Passengers in the EU Air Transport Legal Framework and Cases (항공여객운송에서의 탑승거부와 여객보상기준)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.203-234
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    • 2019
  • The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

A study of Mrs Yun's Teaching Life and It's Meaning (윤씨부인의 여사적(女師的) 삶과 그 의미)

  • Yoon, Kyunghee
    • (The)Study of the Eastern Classic
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    • no.49
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    • pp.161-185
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    • 2012
  • This thesis reorganized the life of Mrs. Yun who was a noble woman in the middle of the Joseon period with main material of Seopo, Kim, Man Joong(1637-1692)'s "Seonbijungkyungbuinhaengjang(先?貞敬夫人行狀)" and considered yeosa(女師)'s image of noble woman embodied by her son. Although women who were remarkable in premodern period nurtured their son well and they became excellent, it's easy that the life of their mother can be hidden by sons' shadow. Luckily, materials of Mrs. Yun were kept by her descendants, so people could analogize how she could endure difficulties and how she educate her children. In a word, the life of Mrs. Yun can be yeosa(女師)'s life. She was born as a only daughter of the best ancestry in the period and grown to be a considerable woman with strong will and discipline under the strict training of her grandmother, Junghye Ongju. And then, she married Gwangsan Kimmun, the best literature house of Joseon period, but her husband, Kim, Ik Kyum was died by unexampled difficulty, Byungjahoran. During the tribulation, Mrs. Yun was in charge of not only parents supporting but also two sons' education excellently. She educated not only her children but also grandchildren and nephews around her, so she had extraordinary passion and sincerity for the education. As the result, she enjoyed a glory that two sons and grandchildren became on daejehak. Mrs. Yun was living with thrift and saving continuously regardless of her circumstances. When her granddaughter became inkyungwanghoo who is a wife of sookjong, she didn't kick her common habit and trained strictly the mind of family members who could be easily in disorder. In spite of the richness, he obeyed manners and showed thrift and saving continuously and thoroughly. When there was a crisis in her family, the first son, Kim, Man Ki was died and the second son, Kim, Man Joong and grandson went into exile during the continuous political upheaval. But, she supported her house, obeyed the rules and promised the future. At that time, she continuously encouraged grandchildren and the eldest grandsons of the head family to study without any stop for themselves in spite of the difficulties. Mrs. Yun pursued truly valuable life. She considered that the life which didn't get praised by other people wasn't valid although he or she lived a pleasant life in luck and richness. Mrs. Yun was a true teacher yeosa (女師) who placed a true value on the life enduring hardship and poorness without fear and becoming an example of other people.

A Study on the Legislative Guidelines for Airline Consumer Protection (항공소비자 보호제도의 입법방향)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.3-51
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    • 2017
  • From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

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