A Study on the Fengshui Shapes of the Four Propitious Sites Recorded in The Canonical Scripture (『전경』에 기록된 사명당(四明堂)의 풍수 물형(物形) 연구)
-
- Journal of the Daesoon Academy of Sciences
- /
- v.41
- /
- pp.133-178
- /
- 2022
This study investigates if four propitious sites (四明堂, sa myeongdang) identified in Daesoon Jinrihoe's The Canonical Scripture correspond with the orthodox descriptions of dragon, energy hub, sand, and water (龍穴砂水, yong hyeol sa su) which are held by Fengshui as conditions necessary for that specific designation. In this study, these conditions, based on the shape of the site-formations, were observed via through on-site surveys and the application of the theories presented by traditional books on Fengshui. First, the dragon veins (龍脈, yongmaek) of the energy hub of the Five Immortals Playing Baduk (五仙圍碁穴 oseonwigi- hyeol) on Mount Hoemun in Sunchang consists of solid soil, is like a spiderweb, rises and lays prone, winds in every direction, and looks almost disconnected while actually remaining connected. Second, the Fengshui characteristics of the energy hub of Worship Held by Buddhist Monks from Abroad (胡僧禮佛穴, hoseungyebul- hyeol) on Mount Seungdal in Muan is that the branching feet (枝脚 jigak) support the mountain range by forming a valley to the left and right of the dragon veins that stretch from the peak of Mount Seungdal. Also, the direction-changing helm (橈棹 yodo) supports the mountain range solidly can be said to be well-developed. It is likewise noted that there is an excellent change in dragon veins in that exhibit curvature that spans being high, low, rising, and lying. This makes it appear as though the dragon is wriggling back and forth. Third, the state of the energy hub of Celestial Maidens Weaving Silk (仙女織錦穴, seonnyojikgeum-hyeol) on Sonryong Ridge in Jangseong County demonstrates overall harmony between mountain and water as it is near Mount Ju and Mount An and has a solid water outlet to which it is tightly fastened such that its energy does not leak out. Meanwhile, the positioning of its blue dragon of the east, red phoenix of the south, white tiger of the west, and black tortoise of the north is so intimate that its long flow can be said to be spinning. The Songryong Ridge area where energy hub was formed between soil and bedrock is the right land for a great favored location as it corresponds with Fengshui logic in an exemplary manner. Fourth, the Fengshui characteristics of the energy hub of Subjects Receiving the Imperial Command (群臣奉詔穴, gunshinbongjo-hyeol) at Baerye-jeon Field in Taein can be described as embracing the village snuggly as it centers around Mount Wangja, and its blue dragon and white tiger respond to each other. Additionally, a clear distinction between host and guest is noticeable in the positions of Mount Ju and Mount An. The flowing body of water in front of the village wraps around that village as a Horizontal Water Formation (橫水局, hoengsuguk), and vigorous vapor from the earth draws breath as the yin-yang energy of the landscape courses through the earth. As dragon veins, the range of the mountain, are like the blood vessels within the human body and the dragon is compared to the limbs, the energy hub of Subjects Receiving the Imperial Command at Baerye-jeon Field in Taein can be identified as a favored location that was formed directly by the sky and earth.
The state-of-the-art Earth system model as a virtual Earth is required for studies of current and future climate change or climate crises. This complex numerical model can account for almost all human activities and natural phenomena affecting the atmosphere of Earth. The Unified Model (UM) from the United Kingdom Meteorological Office (UK Met Office) is among the best Earth system models as a scientific tool for studying the atmosphere. However, owing to the expansive numerical integration cost and substantial output size required to maintain the UM, individual research groups have had to rely only on supercomputers. The limitations of computer resources, especially the computer environment being blocked from outside network connections, reduce the efficiency and effectiveness of conducting research using the model, as well as improving the component codes. Therefore, this study has presented detailed guidance for installing a new version of the UM on high-performance parallel computers (Linux clusters) owned by individual researchers, which would help researchers to easily work with the UM. The numerical integration performance of the UM on Linux clusters was also evaluated for two different model resolutions, namely N96L85 (1.875° ×1.25° with 85 vertical levels up to 85 km) and N48L70 (3.75° ×2.5° with 70 vertical levels up to 80 km). The one-month integration times using 256 cores for the AMIP and CMIP simulations of N96L85 resolution were 169 and 205 min, respectively. The one-month integration time for an N48L70 AMIP run using 252 cores was 33 min. Simulated results on 2-m surface temperature and precipitation intensity were compared with ERA5 re-analysis data. The spatial distributions of the simulated results were qualitatively compared to those of ERA5 in terms of spatial distribution, despite the quantitative differences caused by different resolutions and atmosphere-ocean coupling. In conclusion, this study has confirmed that UM can be successfully installed and used in high-performance Linux clusters.
Onyanghaenggung Palace(temporary palace at Onyang) is an important cultural heritage that can substantially confirm the king's onhaeng(溫行) base on literature records such as <Ongungyeonggoedae(溫宮靈槐臺)>, <Oncheonhaenggungdo(溫泉行宮圖)> of 『Ongungsasil(溫宮事實)』『, Younggoedaegi(靈槐臺記)』and cultural property such as Yeonggoedae(靈槐臺) and Shinjeong Monument(神井碑). As the Onyang Tourist Hotel is located in the presumed site of the Onyanghaenggung Palace, even the identity of the Onyanghaenggung Palace site is being threatened without restoration efforts. The purpose of this study is to estimate the location of Onyanghaenggung Palace based on <Oncheonhaenggungdo> before the damages during the Japanese colonial period. To achieve these purposes, records related to Onhaeng during successive kings' terms in the Joseon Dynasty are first reviewed, before changes in the architecture of Onyanghaenggung Palace that took place in the Joseon Dynasty and damage suffered during the Japanese colonial period are summarized, and finally <Oncheonhaenggungdo>, <Eupji>, <Ancient Maps>, <Jijeokwondo> are reviewed. Based on these processes, the location of Onyanghaenggung Palace is estimated by comparing the current Onyang Tourist Hotel and the surrounding area. The results of this study are as follows. First, if the 1,758 cheok(尺) of 「Onyanggun eupji」 and 「Hoseo eupji」 are converted in Jucheok(周尺), the scope of Onyanghaenggung Palace is close to the inner circumference of the site(垈) in Jijeokwondo(1914). Second, the streamlet leading to Oncheoncheon(溫泉川) from the southern side of Onyanggwan(溫陽館), the hot spring hole in use of <Distribution Map of Hot Spring(溫泉分布見取圖)>(1925, 1928), and considering the relationship of the inner east gate(內東門), Bigak(碑閣), Sinjeong(神井) of <Oncheonhaenggungdo>, the building of Hermann Gustav Theodor Sander and the Copyright Commission's Onyang Hot Springs photograph can be estimated as the Onyanghaenggung Palace Hot-spring, namely Tangsil(湯室). Third, in the process of developing to amusement park, the transfer and relocation of the Yeonggaedae site(a governmentowned property) was requested by Gyeongnam Railway Company, but Chungcheongnam-do denied transfer and relocation of the Yeonggaedae because of the importance in the history of Onyang Hot Springs, so the government-owned Yeonggaedae Monument site were permanently preserved at the current location together with the hoe tree(Sophora japonica L.). Also, Yeonggoedae in <Tourists Attractions around Gyeongnam Railway in Joseon (朝鮮京南鐵道沿線名所交通図絵)> (1929) is shown to exist in its current location, and it can be seen that the Shinjeong Monument Pavilion was moved to the front of Shinjeonggwan (神井館). Based on the circumference of Onyanghaenggung Palace, the location of Onyanghaenggung Palace Hot Spring (Tangsil) and Yeonggaedae Monument Pavilion, changes in roads and lots of land during the Japanese colonial period and the modern period, as well as the location of Onyanghaenggung Palace and other major buildings, can be estimated to extend to the current Shimin-ro and Onyang Hot Spring Market.
The Red Book is a personal record that contains Jung's psychological self-experiment and describes his own experiences of the individuation process. Throughout The Red Book, Jung describes how he got caught by the spirit of the depths and dethroned the spirit of this time, how he regained his lost soul by getting to the bottom of inner processes, how he differentiated the soul upon encountering the various aspects of his soul, and finally how he confronted God approaching Jung in the form of the divine opposites. The spirit of the depths as a personification of the collective unconscious caught up with Jung and launched him into the individuation process. The spirit of the depths was "the God yet to come". Jung realized that he had been driven by the collective spirit of his time and then set off on a journey into a new territory of life under the guidance of the spirit of the depths. Jung first encountered his lost soul, afterwards experiencing various aspects of the soul-spirit duo such as Salome-Elijah, Helena-Simon, and Baucis-Philemon. In the process of individuation, the initial experience of the soul can appear to the ego as a Satanic force which darkens the consciousness. The Red Book describes how Jung consciously integrated the Satanic force and came to realize the meaning of it. Jung's experience of emotionally gripping aspects of the soul led him to the awareness of the dark side of God, Satan, while the insights he gained from that Satanic emotionality led him to the awareness of the bright side of God, Christ. Through this process, he finally encountered the opposites in God. Jung also referred to the Self as an image of God which manifests itself in the psyche. Jung later discovered God as a phenomenal psychic reality which incarnates itself from the unconscious into the conscious. He did it in terms of strict empirical science. Although the incarnation process of the deity is the main cause of psychological conflict and distress of a human being, if accepted consciously, we come to realize that the incarnation process of the deity in the psyche is the ultimate teleology and meaning of our life as well.
Recently concerns have been raised due to the unbalanced supply of crops: the price of crops has been unstable and at one point the price went up so high that the word Agflation(agriculture+ inflation) was coined. Korea, in particular, is a small-sized country and needs to secure the stable supply of crops by investing in the produce importation at a national level. Investment in foreign produce importation is becoming more important as a measure for sufficient supply of crops, limited supply of domestic crops, weakened farming conditions worldwide, as well as recent changes in the use of crops due to the development of bio-fuels, influence of carbon emission on crops, the price increase in crops, and influx of foreign hot money. However, there are many problems with investing in foreign produce importation: lack of support from the government; lack of farming information and technology; difficulty in securing the capital; no immediate pay-off from the investment and insufficient management. Although foreign produce is originally more price-competitive than domestic produce, it loses its competiveness in the process of importation (due to high tariffs) and poor distribution system, which makes it difficult to sell in Korea. Therefore, investment in foreign produce importation is being questioned for feasibility; to make it possible, foreign produce must maintain the price-competitiveness. Especially, harvest of agricultural products depends on natural and geographical conditions of each country and those products have indigenous properties, so distribution system according to import and export of agricultural products should be treated more carefully than that of other industries. Distribution costs are differentiated into each item and include cost of sorting and wrapping, cost of wrapping materials, cost of domestic transport, cost of international transport and cost of clearing customs for import and export. So transporting and storing agricultural products generates considerable costs compared with other products. Also, due to upgrade of dietary life, needs for stability, taste and visible quality toward food including agricultural products are being raised and wrong way of storage causes decomposition of food and loss of freshness, making the storage more difficult than that in room temperature, so storage and transport in distribution of agricultural products needs specialty. In addition, because lack of specialty in distribution and circulation such as storage and wrapping does not solve limit factors in distance, the distribution and circulation has been limited to a form of import and export within short-distant region. Therefore, need for distribution out-sourcing which can satisfy specialty in managing distribution and circulation and it is needed to establish more effective distribution system. However, existing distribution system of agricultural products is exposed to various problems including problems in distribution channel, making distribution and strategy for distribution and those problems are as follows. First, in case of investment in overseas agricultural industry, stable supply of the products is difficult because areas of production are dispersed widely and influenced by outer factors due to including overseas distribution channels. Also, at the aspect of quality, standardization of products is difficult, distribution system is quite complicated and unreasonable due to long distribution channels according to international trade and financial and institutional support is not enough. Especially, there are quite a lot of ineffective factors including multi level distribution process, dramatic gap between production cost and customer's cost, lack of physical distribution facilities and difficulties in storage and transport due to lack of wrapping containers. Besides, because import and export of agricultural products has been manages under the company's own distribution according to transaction contract between manufacturers and exporting company, efficiency is low due to excessive investment in fixed costs and lack of specialty in dealing with agricultural products causes fall of value of products, showing the limit to lose price-competitiveness. Especially, because lack of specialty in distribution and circulation such as storage and wrapping does not solve limit factors in distance, the distribution and circulation has been limited to a form of import and export within short-distant region. Therefore, need for distribution out-sourcing which can satisfy specialty in managing distribution and circulation and it is needed to establish more effective distribution system. Second, among tangible and intangible services which promote the efficiency of the whole distribution, a function building distribution environment which includes distribution information, system for standard and inspection, distribution finance, system for diversification of risks, education and training, distribution administration and tax system is wanted. In general, such a function building distribution environment is difficult to be changed and supplement innovatively because its effect compared with investment does not appear immediately despite of its necessity. Especially, in case of distribution of agricultural products, as a function of collecting and distributing is performed individually through various channels, the importance of distribution information and standardization is getting more focus due to the problem of repetition of work and lack of specialty. Also, efficient management of distribution is quite difficult due to lack of professionals in distribution, so support to professional education is needed. Third, though effort to keep self-sufficiency ratio of staple food, rice is regarded as important at the government level, level of dependency on overseas of others crops is high. Therefore, plan for stable securing food resources aside from staple food is also necessary. Especially, governmental organizations of agricultural products distribution in Korea are production-centered and have unreasonable structure whose function at the aspect of distribution and consumption is quite insufficient. And development of new distribution channels which can deal with changes in distribution environment and they do not achieve actual results of strategy for distribution due to non-positive strategy for price distribution. That is, it implies the possibility that base for supply will become vulnerable because it does not mediate appropriate interests on total distribution channels such as manufacturers, wholesale dealers and vendors by emphasizing consumer protection excessively in the distribution of agricultural products. Therefore, this study examined fundamental concept and actual situation for our investment to overseas agriculture, drew necessities, considerations, problems, etc. of overseas agricultural investment and suggested improvements at the level of distribution for price competitiveness of agricultural products cultivated in overseas under five aspects; government's indirect support, distribution's modernization and distribution information function's strengthening, government's political support for distribution facility, transportation route, load and unloading works' improvement, price competitiveness' securing, professional manpower's cultivation by education and training, etc. Here are some suggestions for foreign produce importation. First, the government should conduct a survey on the current distribution channels and analyze the situation to establish a measure for long-term development plans. By providing each agricultural area with a guideline for planning appropriate production of crops, the government can help farmers be ready for importation, and prevent them from producing same crops all at the same time. Government can sign an MOU with the foreign government and promote the importation so that the development of agricultural resources can be stable and steady. Second, the government can establish a strategy for an effective distribution system by providing farmers and agriculture-related workers with the distribution information such as price, production, demand, market structure and location, feature of each crop, and etc. In order for such distribution system to become feasible, the government needs to reconstruct the current distribution system, designate a public organization for providing distribution information and set the criteria for level of produce quality, trade units, and package units. Third, the government should provide financial support and a policy to seek an efficient distribution channel for foreign produce to be delivered fresh: the government should expand distribution facilities (for selecting, packaging, storing, and processing) and transportation vehicles while modernizing old facilities. There should be another policy to improve the efficiency of unloading, and to lower the cost of distribution. Fourth, it is necessary to enact a new law covering exceptional cases for importing produce in order to maintain the price competitiveness; currently the high tariffs is keeping the imported produce from being distributed domestically. However, the new adjustment should be made carefully within the WTO regulations since it can create a problem from giving preferential tariffs. The government can also simplify the distribution channels in order to reduce the cost in the distribution process. Fifth, the government should educate distributors to raise the efficiency and to modernize the distribution system. It is necessary to develop human resources by educating people regarding the foreign agricultural environment, the produce quality, management skills, and by introducing some successful cases in advanced countries.
The categories of national health problems may be mainly divided into health promotion, problems of diseases, and population-economic problems which are indirectly related to health. Of them, the problems of diseases will be exclusively dealt with this speech. Rurality and Disease Problems There are many differences between rural and urban areas. In general, indicators of rurality are small size of towns, dispersion of the population, remoteness from urban centers, inadequacy of public transportation, poor communication, inadequate sanitation, poor housing, poverty, little education lack of health personnels and facilities, and in-accessibility to health services. The influence of such conditions creates, directly or indirectly, many problems of diseases in the rural areas. Those art the occurrence of preventable diseases, deterioration and prolongation of illness due to loss of chance to get early treatment, decreased or prolonged labour force loss, unnecessary death, doubling of medical cost, and economic loss. Some Considerations of Innovative Approach The followings art some considerations of innovative approaches to the problems of diseases in the rural Korea. 1. It would be essential goal of the innovative approaches that the damage and economic loss due to diseases will be maintained to minimum level by minimizing the absolute amount of the diseases, and by moderating the fee for medical cares. The goal of the minimization of the disease amount may be achieved by preventive services and early treatment, and the goal of moderating the medical fee may be achieved by lowering the prime cost and by adjusting the medical fees to reasonable level. 2. Community health service or community medicine will be adopted as a innovative means to disease problems. In this case, a community is defined as an unit area where supply and utilization of primary service activities can be accomplished within a day. The essential nature o the community health service should be such activities as health promotion, preventive measures, medical care, and rehabilitation performing efficiently through the organized efforts of the residents in a community. Each service activity should cover all members of the residents in a community in its plan and performance. The cooperation of the community peoples in one of the essential elements for success of the service program, The motivations of their cooperative mood may be activated through several ways: when the participation of the residents in service program of especially the direct participation of organized cooperation of the area leaders art achieved through a means of health education: when the residents get actual experience of having received the benefit of good quality services; and when the health personnels being armed with an idealism that they art working in the areas to help health problems of the residents, maintain good human relationships with them. For the success of a community health service program, a personnel who is in charge of leadership and has an able, a sincere and a steady characters seems to be required in a community. The government should lead and support the community health service programs of the nation under the basis of results appeared in the demonstrative programs so as to be carried out the programs efficiently. Moss of the health problems may be treated properly in the community levels through suitable community health service programs but there might be some problems which art beyond their abilities to be dealt with. To solve such problems each community health service program should be under the referral systems which are connected with health centers, hospitals, and so forth. 3. An approach should be intensively groped to have a physician in each community. The shortage of physicians in rural areas is world-wide problem and so is the Korean situation. In the past the government has initiated a system of area-limited physician, coercion, and a small scale of scholarship program with unsatisfactory results. But there might be ways of achieving the goal by intervice, broadened, and continuous approaches. There will be several ways of approach to motivate the physicians to be settled in a rural community. They are, for examples, to expos the students to the community health service programs during training, to be run community health service programs by every health or medical schools and other main medical facilities, communication activities and advertisement, desire of community peoples to invite a physician, scholarship program, payment of satisfactory level, fulfilment of military obligation in case of a future draft, economic growth and development of rural communities, sufficiency of health and medical facilities, provision of proper medical care system, coercion, and so forth. And, hopefully, more useful reference data on the motivations may be available when a survey be conducted to the physicians who are presently engaging in the rural community levels. 4. In communities where the availability of a physician is difficult, a trial to use physician extenders, under certain conditions, may be considered. The reason is that it would be beneficial for the health of the residents to give them the remedies of primary medical care through the extenders rather than to leave their medical problems out of management. The followings are the conditions to be considered when the physician extenders are used: their positions will be prescribed as a temporary one instead of permanent one so as to allow easy replacement of the position with a physician applicant; the extender will be under periodic direction and supervision of a physician, and also referral channel will be provided: legal constraints will be placed upon the extenders primary care practice, and the physician extenders will used only under the public medical care system. 5. For the balanced health care delivery, a greater investment to the rural areas is needed to compensate weak points of a rurality. The characteristics of a rurality has been already mentioned. The objective of balanced service for rural communities to level up that of urban areas will be hard to achieve without greater efforts and supports. For example, rural communities need mobile powers more than urban areas, communication network is extremely necessary at health delivery facilities in rural areas as well as the need of urban areas, health and medical facilities in rural areas should be provided more substantially than those of urban areas to minimize, in a sense, the amount of patient consultation and request of laboratory specimens through referral system of which procedures are more troublesome in rural areas, and more intensive control measures against communicable diseases are needed in rural areas where greater numbers of cases are occurred under the poor sanitary conditions.
Not only in Korea but throughout the entire world millions of people are in contact with images. Images have become a medium through which to transmit anything from simple visualizations of moving images to knowledge and information. The age of the internet has arisen thanks to scientific development, and the internet generation's acquisition of information is continuously becoming faster. The spectators, ufo must choose amongst the excessive amount of available information, are changing along with it just as quickly. The method of visual transmission has changed to match the demands of the fast-changing pace of the new generation. In order to receive an instantaneous selection amongst much information, the primary requisite is attracting one's attention, and then presenting a corresponding feeling of satisfaction. The early stages of film arose from the desire to capture one's actual situation as it realty is. Unsatisfied with the still picture, people developed the motion picture. Research has succeeded in reproducing 3-dimensional images more realistic than the actual image we perceive as a result of the difference in visual perspective of both eyes and their response to rays of light From color film to 3-dimensional pictures, people enjoy the magnificent results of this. All fields within the category of film are continuously studying the human desire to pursue their visual side, namely the pursuit of visual images with a maximum sense of reality. The images that millions of people around the world see now are flat. The screen's depth and optical illusions effectively give a sense of reality while conveying information. However, although the flat screen is able to create a sense of depth using the different visual perspective of each eye for the realization of a cubic effect, there are limitations. Entering the 21s1 century, there is a quickly-arising branch within the field of image media which seeks to overcome these limitations Although 3-dimensional images began in films, entering the latter half of the 20th century, due to development of 3-dimensional images using the mediums of the animation field, cellular phones, advertisement screens, television etc., without restriction is designated as 'image.'. With research having started around 1900 and continuing for over 100 years, we are now able to witness the popularization of 3-dimensional films happening before our very eyes. Within our own country, we can frequently see them at amusement parks and museums. In the future, through the popularization of HDTV etc., there is a good outlook for practical use of 3-dimensional images in televisions with advanced picture qualify as well as in other areas. Together with the international current, research on 3-dimensional films has been activated in Korea and is rising as a main current in the film industry. Within this context, the contents and understanding of 3-dimensional images must keep in step with the pace of technical advancements. In order to accelerate of development of film contents to keep in pace with technical developments, this dissertation presents the techniques and technical aspects of future developments, and shows the need to prepare in advance to make the field grow- and thereby avoid having a lack of experts and being conquered by other nations in the field - rather than only advancing the technical aspects and importing the contents. This dissertation aims to stimulate interest and continual research by progressive-thinking people related to the film industry. Part II looks into the definition and types of 3-dimensional motion pictures, the terminology, the fundamentals of image formation, current market fluctuations, and looks into 3-dimensional techniques which can be borrowed and introduced in 3-dimensional animations. Part III concerns 3-dimensional animated films. It analyzes 3-dimensional production techniques while using the introduction of specific animation techniques in the 2004 production Lee Sun Shin and Nelson - Naval Heroes 3-dimensional animation produced in 2004 by Clay & Puppet Stop-Motion Animation & Computer Graphic. Original Korean title: 해전영웅 이순신과 넬슨. as an example, and it also looks into how current film techniques used in animations can be applied in 3-dimensional films. Additionally, the actual stages of the various fields of 3-dimensional animations are presented. Given the current direction and advancement of 3-dimensional films making use of animations and the possible realization of this field, the author plans to weigh the development of this yet unexploited new market Not looking at the current progress of the field, but rather the direction of the hypothetical types of animation techniques, the author predicts the marketability and possibility of development of each area.
Background : Since tumor necrosis factor was discovered in 1975, TNF has been well known about its cytotoxic effect on tumor cells in vivo and in vitro. According to the recent improvement of molecular biological techinques, it is possible that exogenous TNF gene is transferred to tumor cells and is expressed in theirs. By virtue of TNF gene transfer, we have expected that TNF expressed in TNF-gene-transferred tumor cells would kill tumor cells in vivo without systemic side effect. The expected mechanisms in which antitumor effects of TNF expressed in TNF-gene-transferred tumor cells are working would be as followings. In the first mechanism, TNF expressed in TNF-gene-transferred tumor cells would kill tumor cells around(like homicide). In the second mechanism, TNF expressed in TNF-gene-transferred tumor cells would kill themselves(like suicide). In the third mechanism, TNF expressed in TNF-gene-transferred tumor cells would recruit immune effector cells and kill tumor cells indirectly. In the last mechanism, TNF expressed in TNF-gene-transferred tumor cells would augment cytokine such as interferon-
Even with the most advanced aviation technology benefits, aircraft accidents are constantly occurring while air passenger transportation volume is expected to double in the next 15 years. Since it is not possible to secure aviation safety only by the post aircraft accident safety action of accident investigations, it has been recognized and consensus has been formed that proactive and predictive prevention measures are necessary. In this sense, the aviation safety management system (SMS) was introduced in 2008 and has been carried out in earnest since 2011. SMS is a proactive and predictive aircraft accident preventive measure, which is a mechanism to eliminate the fundamental risk factors by approaching organizational factors beyond technological factors and human factors related to aviation safety. The methodology is to collect hazards in all the sites required for aircraft operations, to build a database, to analyze the risks, and through managing risks, to keep the risks acceptable or below. Therefore, the improper implementation of SMS indicates that the aircraft accident prevention is insufficient and it is to be directly connected with the aircraft accident. Reports of duty performance related hazards including their own errors are essential and most important in SMS. Under the policy of just culture for voluntary reporting, the guarantee of information providers' anonymity, non-punishment and non-blame should be basically secured, but to this end, under-reporting is stagnant due to lack of trust in their own organizations. It is necessary for the accountable executive(CEO) and senior management to take a leading role to foster the safety culture initiating from just culture with the safety consciousness, balancing between safety and profit for the organization. Though a Ministry of Land, Infrastructure and Transport's order, "Guidance on SMS Implementation" states the training required for the accountable executive(CEO) and senior management, it is not legally binding. Thus it is suggested that the SMS training completion certificates of accountable executive(CEO) and senior management be included in SMS approval application form that is legally required by "Korea Aviation Safety Program" in addition to other required documents such as a copy of SMS manual. Also, SMS related items are missing in the aircraft accident investigation, so that organizational factors in association with safety culture and risk management are not being investigated. This hinders from preventing future accidents, as the root cause cannot be identified. The Aircraft Accident Investigation Manuals issued by ICAO contain the SMS investigation wheres it is not included in the final report form of Annex 13 to the Convention on International Civil Aviation. In addition, the US National Transportation Safety Board(NTSB) that has been a substantial example of the aircraft accident investigation for the other accident investigation agencies worldwide does not appear to expand the scope of investigation activities further to SMS. For these reasons, it is believed that investigation agencies conducting their investigations under Annex 13 do not include SMS in the investigation items, and the aircraft accident investigators are hardly exposed to SMS investigation methods or techniques. In this respect, it is necessary to include the SMS investigation in the organization and management information of the final report format of Annex 13. In Korea as well, in the same manner, SMS item should be added to the final report format of the Operating Regulation of the Aircraft and Railway Accident Investigation Board. If such legal and institutional improvement methods are complemented, SMS will serve the purpose of aircraft accident prevention effectively and contribute to the improvement of aviation safety in the future.
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.