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Studies on the Interpretative Classification of Paddy Soils in Korea I : A Study on the Classification of Sandy Paddy Soils (우리나라 답토양(畓土壌)의 실용적분류(実用的分類)에 관(関)한 연구(硏究) -제1보(第一報) 사질답(砂質畓) 분류(分類)에 관(関)하여)

  • Jung, Yeun-Tae;Yang, Euy-Seog;Park, Rae-Kyung
    • Korean Journal of Soil Science and Fertilizer
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    • v.15 no.2
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    • pp.128-140
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    • 1982
  • The distribution and practical classification of sandy paddy soils, which have the most extensive acreage among low productive paddy soils in Korea and have distinctive improvement effects, were studied to propose a tentative new classification system of sandy textured paddy soils as a means of improving the "Paddy Soil Type Classification" scheme used. The results are summarized as follows; 1. The potential productivity of sandy textured paddy soils was about 86% of normal paddy and the coefficient of variation was relatively high indicating that the properties of soils included were not sufficiently homogeneous. 2. As the poorly drained and halomorphic (> 16 mmhos/cm of E.C. at $25^{\circ}C$) sandy soils are not included in the "Sandy Soil" type according to the criteria of "Soil Type Classification", the recommendation of "adding clay earth" become complicated, and the soil type have to change when the salts washed away or due to ground water table fluctuations. 3. Coarse textured soils were entirely included in the "Sandy Soils" in the tentative criteria of sandy soil classification proposed, and the sandy soils were subdivided into 4 subtypes that is "Oxidized leaching sandy paddy", Red-ox. intergrading sandy paddy", "Reduced accumulating sandy paddy" and "Reduced halomorphic sandy paddy". The system of sandy soil classification proposed were consisted of following categories; Type (Sandy paddy)-Sub-type (4)-Texture family (5)-Soil series (48). 4. The variation of productivities according to the proposed scheme was more homogenized than that of the present device. 5. The total extent of sandy paddy soils was 409, 902 ha (32.3% of total paddy) according to the present classification system, but the extent reached 492,983 ha (38.9%) by the proposed system. The provinces of Gyeong-gi (88.923ha), Jeon-bug (69.717 ha), Gyeong-bug (55.390 ha) have extensive acreage of sandy paddy soils, and the provinces that had high ratio of sandy paddy soils were Gang-weon (58.9%), Gyeong-gi (50.5%), Chung-bug (48.5%), Jeon-bug (41.0%) etc. The ratio was increased by the proposed scheme, e.g. 71.4% in the case of Gang-weon prov. 6. According to the suitability group of paddy soils, the sandy soils mostly belong to 3 class (69.1%) and 4 class (29.2%). Coarse loamy textural family (59.2%) and coarse silty (16.1 %) soils were dominantly distributed. 7. The "Red-ox. intergrading subtype" of sandy paddy pertinent to 49.6% (245,012 ha) while the "Oxidized leaching sub-type" reaches to 33.5% (64,890 ha) and the remained 16.9% (83,081ha) belong to "Reduced accumulating sub-type (14.0%) and "Reduced halomorphic sub-type (2.9%)" according to the proposed scheme.

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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.

Relationship between Radiation and Yield of Sweet Pepper Cultivars (광량과 파프리카 품종에 따른 수량과의 상호관계)

  • Myung, Dong Ju;Bae, Jong Hyang;Kang, Jong Goo;Lee, Jeong Hyun
    • Journal of Bio-Environment Control
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    • v.21 no.3
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    • pp.243-246
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    • 2012
  • The study was aimed at the development of the simple linear regression model to estimate the fruit yield of sweet pepper and to support decision-making management for growing sweet pepper crop in Korea. For quantitative analysis of relationship between environmental data and periodical yield of sweet pepper the data obtained from the commercial Venlo-type glasshouse for 2 years. Obtained periodical yield data of five different cultivars and radiation data were accumulated and fitted by linear regression. A significant linear relationship was found between radiation integral and fruit yield, whereas the production per unit of radiation was different between cultivars. The slope of linear regression could indicate as light use efficiency for fruit production ($LUE_F$, $g{\cdot}MJ^{-1}$). $LUE_F$ of 'Ferrari' was $5.85g{\cdot}MJ^{-1}$, 'Fiesta' 5.32 for first year and $4.75g{\cdot}MJ^{-1}$ and for second year, 'President' was $4.66g{\cdot}MJ^{-1}$, 'Cupra' was $3.86g{\cdot}MJ^{-1}$, and 'Boogie' was $6.48g{\cdot}MJ^{-1}$. The amount of light requirement for the unit gram of fruit was between $25.88J{\cdot}g^{-1}$, for 'Cupra' and $15.42J{\cdot}g^{-1}$ for 'Boogie'. Although we found the linear relationship between radiation and fruit yield, $LUE_F$ was varied between cultivars and as well as year. The linear relationship could describe the fruit yield as function of radiation, but it needed more variable to generalization of the production, such as cultivar specifications, temperature, and number of fruits set per plant or unit of ground.

Survey on Housing Types of Korean Native Cattle and Beef Cattle by Farm Scale and Region (한우농가의 사육규모별, 지역별 축사시설 현황 분석)

  • Choi, H.C.;Kham, Dong-Hwan;Song, J.I.;Jeon, B.S.;Jeon, J.H.;Yoo, Y.H.;Na, J.C.;Yu, D.J.;Bang, H.T.;Suh, O.S.;Lee, S.C.;Kim, J.S.;Lee, D.H.
    • Journal of Animal Environmental Science
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    • v.14 no.3
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    • pp.167-174
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    • 2008
  • This survey was conducted to investigate housing types of Korean native cattle and beef cattle farms in Korea. The farm sized over 50 heads of cattle, 7,433 farms were surveyed. Regarding housing types for Korean native cattle and beef cattle, litter barn, freestall, mooring+litter ground and others accounted for 87.1, 9.8, 3.0, and 2.9 %, respectively. Most of Korean native cattle and beef cattle farms (94.7%) used litter floor rather than scraper. As for roof types, slate, panel, iron plate, galvanized plate, colored iron plate and sunlight represented 32.2, 13.7, 12.2, 10.2, 9.7, and 8.9 %, respectively. Open side wall type and winch curtain were 55.6, and 47.6 %, respectively. Bigger farms seemed to used more winch curtain than open style. Utilization period of automatic feeder, waterer, electric facility, and cooling facility was 6.7, 8.0, 8.5, and 6.0 years, respectively.

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Effects of climate change on biodiversity and measures for them (생물다양성에 대한 기후변화의 영향과 그 대책)

  • An, Ji Hong;Lim, Chi Hong;Jung, Song Hie;Kim, A Reum;Lee, Chang Seok
    • Journal of Wetlands Research
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    • v.18 no.4
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    • pp.474-480
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    • 2016
  • In this study, formation background of biodiversity and its changes in the process of geologic history, and effects of climate change on biodiversity and human were discussed and the alternatives to reduce the effects of climate change were suggested. Biodiversity is 'the variety of life' and refers collectively to variation at all levels of biological organization. That is, biodiversity encompasses the genes, species and ecosystems and their interactions. It provides the basis for ecosystems and the services on which all people fundamentally depend. Nevertheless, today, biodiversity is increasingly threatened, usually as the result of human activity. Diverse organisms on earth, which are estimated as 10 to 30 million species, are the result of adaptation and evolution to various environments through long history of four billion years since the birth of life. Countlessly many organisms composing biodiversity have specific characteristics, respectively and are interrelated with each other through diverse relationship. Environment of the earth, on which we live, has also created for long years through extensive relationship and interaction of those organisms. We mankind also live through interrelationship with the other organisms as an organism. The man cannot lives without the other organisms around him. Even though so, human beings accelerate mean extinction rate about 1,000 times compared with that of the past for recent several years. We have to conserve biodiversity for plentiful life of our future generation and are responsible for sustainable use of biodiversity. Korea has achieved faster economic growth than any other countries in the world. On the other hand, Korea had hold originally rich biodiversity as it is not only a peninsula country stretched lengthily from north to south but also three sides are surrounded by sea. But they disappeared increasingly in the process of fast economic growth. Korean people have created specific Korean culture by coexistence with nature through a long history of agriculture, forestry, and fishery. But in recent years, the relationship between Korean and nature became far in the processes of introduction of western culture and development of science and technology and specific natural feature born from harmonious combination between nature and culture disappears more and more. Population of Korea is expected to be reduced as contrasted with world population growing continuously. At this time, we need to restore biodiversity damaged in the processes of rapid population growth and economic development in concert with recovery of natural ecosystem due to population decrease. There were grand extinction events of five times since the birth of life on the earth. Modern extinction is very rapid and human activity is major causal factor. In these respects, it is distinguished from the past one. Climate change is real. Biodiversity is very vulnerable to climate change. If organisms did not find a survival method such as 'adaptation through evolution', 'movement to the other place where they can exist', and so on in the changed environment, they would extinct. In this respect, if climate change is continued, biodiversity should be damaged greatly. Furthermore, climate change would also influence on human life and socio-economic environment through change of biodiversity. Therefore, we need to grasp the effects that climate change influences on biodiversity more actively and further to prepare the alternatives to reduce the damage. Change of phenology, change of distribution range including vegetation shift, disharmony of interaction among organisms, reduction of reproduction and growth rates due to odd food chain, degradation of coral reef, and so on are emerged as the effects of climate change on biodiversity. Expansion of infectious disease, reduction of food production, change of cultivation range of crops, change of fishing ground and time, and so on appear as the effects on human. To solve climate change problem, first of all, we need to mitigate climate change by reducing discharge of warming gases. But even though we now stop discharge of warming gases, climate change is expected to be continued for the time being. In this respect, preparing adaptive strategy of climate change can be more realistic. Continuous monitoring to observe the effects of climate change on biodiversity and establishment of monitoring system have to be preceded over all others. Insurance of diverse ecological spaces where biodiversity can establish, assisted migration, and establishment of horizontal network from south to north and vertical one from lowland to upland ecological networks could be recommended as the alternatives to aid adaptation of biodiversity to the changing climate.

Studies on Soil Conservation Effects of the Straw-mat Mulchings (I) - Vegetation Establishment and Erosion Control Effects - (볏짚거적덮기공의 사방효과(砂防効果)에 관(關)한 연구(硏究)(I) - 사면지피조성(斜面地被造成) 및 침식방지(浸蝕防止) 효과(効果) -)

  • Woo, Bo Myong
    • Journal of Korean Society of Forest Science
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    • v.13 no.1
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    • pp.67-78
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    • 1971
  • The measures of contour-terracing with sod has been executed as a major measures for hillside erosion control works for a long time in Korea. It is, however, recognized that pair terracings make a new slope-face having the more steeper degree of slope between the upper and the lower terraces on hillsides and it also does not contribute for establishing the natural vegetation-cover by penetration of pioneer seeds on the slope faces or cut-faces of hillsides. The study was therefore conducted in connection with the above problems on the cut-face having slope of $40^{\circ}$ and 1.6 meter in slope length with clay soils. Plot allocation for the experiment consists of 3 kinds of 3 replica plots having each $1.6m^2$ of slope area, i. e., the control plot with direct seeding on slopes only ($T_1$), the covering plot with the straw-mats after seeding on slopes ($T_2$) and the seeding plot after covering with the straw-mats. ($T_3$). The main results obtained may be summarized as follows : 1. Effects of the straw-mat mulchings on surface soil loss control:-The total amount of soil losses from each treatments are measured as 4,651 gr from $T_1$, 163 gr. from $T_2$ and 2,891 gr. from $T_3$ treatment respectively. (Refer to table No. 2, 3 and 4). In short, it is recognized that effect of $T_2$ treatment is compared as 28.5 times than that of $T_1$ treatment and 17.7 times than that of $T_3$ treatment respectively. Effect of $T_3$ treatment compared with $T_1$ treatment is also such recognizable as 1.6 times in control of surface soil losses on a slope face. 2. Effect of the straw-mat mulchings on soil moisture content on slopes; -Average per cent of surface soil moisture content by treatments show as 21.60 at the $T_1$, 23.04 at the $T_2$ and 22.21 at the $T_3$ treatment respectively and that of subsurface soil moisture content by treatment show as 23.81 at the $T_1$, 26.16 at the $T_2$ and 24.81 at the $T_3$ treatment respectively. The variance of soil moisture content by treatments was highly significant (Refer table No. 7, 8 and 9). 3. Effect of the straw-mat mulchings on vegetation establishment;-Average numbers of germination by treatments are counted as 237 Nos. at the $T_1$, 246 Nos. at the $T_2$ and 262 Nos. at the $T_3$ treatment plots and the vegetation coverage on ground was almost same as about 90% of covers in all treatments. This effect is more or less lower than that of surface soil erosion control. 4. Regarding the effect on surface soil erosion control, the straw-mat mulchings would be effective as a new measures for control of soil erosion on erosion susceptible lands such slope-faced bare-lands as cut-fill faces, mass-movement faces and bare hillsides.

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A Study on the Tree Surgery Problem and Protection Measures in Monumental Old Trees (천연기념물 노거수 외과수술 문제점 및 보존 관리방안에 관한 연구)

  • Jung, Jong Soo
    • Korean Journal of Heritage: History & Science
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    • v.42 no.1
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    • pp.122-142
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    • 2009
  • This study explored all domestic and international theories for maintenance and health enhancement of an old and big tree, and carried out the anatomical survey of the operation part of the tree toward he current status of domestic surgery and the perception survey of an expert group, and drew out following conclusion through the process of suggesting its reform plan. First, as a result of analyzing the correlation of the 67 subject trees with their ages, growth status. surroundings, it revealed that they were closely related to positional characteristic, damage size, whereas were little related to materials by fillers. Second, the size of the affected part was the most frequent at the bough sheared part under $0.09m^2$, and the hollow size by position(part) was the biggest at 'root + stem' starting from the behind of the main root and stem As a result of analyzing the correlation, the same result was elicited at the group with low correlation. Third, the problem was serious in charging the fillers (especially urethane) in the big hollow or exposed root produced at the behind of the root and stem part, or surface-processing it. The benefit by charging the hollow part was analyzed as not so much. Fourth, the surface-processing of fillers currently used (artificial bark) is mainly 'epoxy+woven fabric+cork', but it is not flexible, so it has brought forth problems of frequent cracks and cracked surface at the joint part with the treetextured part. Fifth, the correlation with the external status of the operated part was very high with the closeness, surface condition, formation of adhesive tissue and internal survey result. Sixth, the most influential thing on flushing by the wrong management of an old and big tree was banking, and a wrong pruning was the source of the ground part damage. In pruning a small bough can easily recover itself from its damage as its formation of adhesive tissue when it is cut by a standard method. Seventh, the parameters affecting the times of related business handling of an old and big tree are 'the need of the conscious reform of the manager and related business'. Eighth, a reform plan in an institutional aspect can include the arrangement of the law and organization of the old and big tree management and preservation at an institutional aspect. This study for preparing a reform plan through the status survey of the designated old and big tree, has a limit inducing a reform plan based on the status survey through individual research, and a weak point suggesting grounds by any statistical data. This can be complemented by subsequent studies.

A Study of the Impractical Area and Boundary of an Outer Royal Garden "Hamchunwon" Attached to Gyeonghuigung Palace (경희궁 별원(別苑) 함춘원의 실지(實地) 경역 고찰)

  • Jung, Woo-Jin;Hong, Hyeon-Do;So, Hyun-Su
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.40 no.1
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    • pp.26-42
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    • 2022
  • The purpose of this study is to examine and understand the area and the original outer boundaries of Hamchunwon(含春苑), which was the outer royal garden of Gyeonghuigung Palace, which existed before the site of the Russian legation. The results of the study are as follows. First, examining the 3 types of drawings prepared for securing the Russian legation's site and constructing a new building, it was confirmed that two low peaks, which appear to be the original terrain of Hamchunwon, existed in the north and south directions inside the site. According to the initial plan of the of the legation's site, it appears that the entrance of the legation building is connected to the Saemunan-ro in the northwest. However, according to the report made at the time when the Russian temporary minister Veber purchased the legation's site, it was recorded that the site already had a narrow entrance and a dirt road in place, and hence, it was connected to Saemunan-ro. This fact makes it possible to learn that the line of movement for officials and the original gate were located to the northwest of the site planned as the entrance of the legation building towards Hamchunwon. Second, the site was created by cutting the top of the high hill at the time of the construction of the legation building, and as a result, a two tiered staircase typed terrace was built. The ground on which the main building and the secretary's building, etc., were erected was made by cutting the highest peak and solidifying it flat, and a large quantity of soil was used for grading. In the case of the northern area of the main building, the traces of leveling the terrain by cutting the mountains are apparent, and an observation typed garden with a walking path and pavilion was formed by utilizing the physical environment equipped with an easy view. This may be considered as a use which is consistent with the topographical conditions of creating an outer royal garden to block the civilian views on a high terrain overlooking the palace. Third, Hamchunwon's fences were partially exposed in the photos from the 1880s through the 1890s, which demonstrate the spatial changes made around the US, UK, and the Russian legations. As a result of the photo analysis performed, Hamchunwon occupies the northern area of the Russian legation's site, and it is estimated that the north, west, and east walls of the legation resembled those of Hamchunwon. The area to the south of the Russian legation was originally a place made available for civilian houses, and it was possible to examine the circumstances of purchasing dozens of civilian houses and farmlands according to various materials. Fourth, Hamchunwon, which was formed as the outer royal garden of Gyeongdeokgung Palace of Lord Gwanghaegun, lost its sense of place as an outer royal garden when the entire building of Gyeonghuigung Palace was torn down and used as a construction members during the reconstruction of Gyeongbokgung Palace, and faded away as the site was sold to Russia around 1885. The area where Hamchunwon used to be located transformed into a core space of the Russian legation where the main building and garden were located after the construction of the new building. Hence, Hamchunwon, which was limited to the northern area of the Russian legation, does not carry the temporal and spatial context with Gyeongungung Palace and Seonwonjeon which were constructed after 1897, and it is determined that the view of Seonwonjeon as Baehoorim or Baegyeongrim is not valid.

Indonesia, Malaysia Airline's aircraft accidents and the Indonesian, Korean, Chinese Aviation Law and the 1999 Montreal Convention

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.37-81
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    • 2015
  • AirAsia QZ8501 Jet departed from Juanda International Airport in, Surabaya, Indonesia at 05:35 on Dec. 28, 2014 and was scheduled to arrive at Changi International Airport in Singapore at 08:30 the same day. The aircraft, an Airbus A320-200 crashed into the Java Sea on Dec. 28, 2014 carrying 162 passengers and crew off the coast of Indonesia's second largest city Surabaya on its way to Singapore. Indonesia's AirAsia jet carrying 162 people lost contact with ground control on Dec. 28, 2014. The aircraft's debris was found about 66 miles from the plane's last detected position. The 155 passengers and seven crew members aboard Flight QZ 8501, which vanished from radar 42 minutes after having departed Indonesia's second largest city of Surabaya bound for Singapore early Dec. 28, 2014. AirAsia QZ8501 had on board 137 adult passengers, 17 children and one infant, along with two pilots and five crew members in the aircraft, a majority of them Indonesian nationals. On board Flight QZ8501 were 155 Indonesian, three South Koreans, and one person each from Singapore, Malaysia and the UK. The Malaysia Airlines Flight 370 departed from Kuala Lumpur International Airport on March 8, 2014 at 00:41 local time and was scheduled to land at Beijing's Capital International Airport at 06:30 local time. Malaysia Airlines also marketed as China Southern Airlines Flight 748 (CZ748) through a code-share agreement, was a scheduled international passenger flight that disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing's Capital International Airport (a distance of 2,743 miles: 4,414 km). The aircraft, a Boeing 777-200ER, last made contact with air traffic control less than an hour after takeoff. Operated by Malaysia Airlines (MAS), the aircraft carried 12 crew members and 227 passengers from 15 nations. There were 227 passengers, including 153 Chinese and 38 Malaysians, according to records. Nearly two-thirds of the passengers on Flight 370 were from China. On April 5, 2014 what could be the wreckage of the ill-fated Malaysia Airlines was found. What appeared to be the remnants of flight MH370 have been spotted drifting in a remote section of the Indian Ocean. Compensation for loss of life is vastly different between US. passengers and non-U.S. passengers. "If the claim is brought in the US. court, it's of significantly more value than if it's brought into any other court." Some victims and survivors of the Indonesian and Malaysia airline's air crash case would like to sue the lawsuit to the United States court in order to receive a larger compensation package for damage caused by an accident that occurred in the sea of Java sea and the Indian ocean and rather than taking it to the Indonesian or Malaysian court. Though each victim and survivor of the Indonesian and Malaysia airline's air crash case will receive an unconditional 113,100 Unit of Account (SDR) as an amount of compensation for damage from Indonesia's AirAsia and Malaysia Airlines in accordance with Article 21, 1 (absolute, strict, no-fault liability system) of the 1999 Montreal Convention. But if Indonesia AirAsia airlines and Malaysia Airlines cannot prove as to the following two points without fault based on Article 21, 2 (presumed faulty system) of the 1999 Montreal Convention, AirAsia of Indonesiaand Malaysia Airlines will be burdened the unlimited liability to the each victim and survivor of the Indonesian and Malaysia airline's air crash case such as (1) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents, or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. In this researcher's view for the aforementioned reasons, and under the laws of China, Indonesia, Malaysia and Korea the Chinese, Indonesian, Malaysia and Korean, some victims and survivors of the crash of the two flights are entitled to receive possibly from more than 113,100 SDR to 5 million US$ from the two airlines or from the Aviation Insurance Company based on decision of the American court. It could also be argued that it is reasonable and necessary to revise the clause referring to bodily injury to a clause mentioning personal injury based on Article 17 of the 1999 Montreal Convention so as to be included the mental injury and condolence in the near future.

A Study on the Meaning of Outer Space Treaty in International Law (우주조약의 국제법적 의미에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.223-258
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    • 2013
  • 1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

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