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

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

• Journal of Intelligence and Information Systems
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• v.21 no.1
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• pp.65-82
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• 2015

Recently, there has been a surge of interest in finding core issues and analyzing emerging trends for the future. This represents efforts to devise national strategies and policies based on the selection of promising areas that can create economic and social added value. The existing studies, including those dedicated to the discovery of future promising fields, have mostly been dependent on qualitative research methods such as literature review and expert judgement. Deriving results from large amounts of information under this approach is both costly and time consuming. Efforts have been made to make up for the weaknesses of the conventional qualitative analysis approach designed to select key promising areas through discovery of future core issues and emerging trend analysis in various areas of academic research. There needs to be a paradigm shift in toward implementing qualitative research methods along with quantitative research methods like text mining in a mutually complementary manner. The change is to ensure objective and practical emerging trend analysis results based on large amounts of data. However, even such studies have had shortcoming related to their dependence on simple keywords for analysis, which makes it difficult to derive meaning from data. Besides, no study has been carried out so far to develop core issues and analyze emerging trends in special domains like the aviation industry. The change used to implement recent studies is being witnessed in various areas such as the steel industry, the information and communications technology industry, the construction industry in architectural engineering and so on. This study focused on retrieving aviation-related core issues and emerging trends from overall research papers pertaining to aviation through text mining, which is one of the big data analysis techniques. In this manner, the promising future areas for the air transport industry are selected based on objective data from aviation-related research papers. In order to compensate for the difficulties in grasping the meaning of single words in emerging trend analysis at keyword levels, this study will adopt topic analysis, which is a technique used to find out general themes latent in text document sets. The analysis will lead to the extraction of topics, which represent keyword sets, thereby discovering core issues and conducting emerging trend analysis. Based on the issues, it identified aviation-related research trends and selected the promising areas for the future. Research on core issue retrieval and emerging trend analysis for the aviation industry based on big data analysis is still in its incipient stages. So, the analysis targets for this study are restricted to data from aviation-related research papers. However, it has significance in that it prepared a quantitative analysis model for continuously monitoring the derived core issues and presenting directions regarding the areas with good prospects for the future. In the future, the scope is slated to expand to cover relevant domestic or international news articles and bidding information as well, thus increasing the reliability of analysis results. On the basis of the topic analysis results, core issues for the aviation industry will be determined. Then, emerging trend analysis for the issues will be implemented by year in order to identify the changes they undergo in time series. Through these procedures, this study aims to prepare a system for developing key promising areas for the future aviation industry as well as for ensuring rapid response. Additionally, the promising areas selected based on the aforementioned results and the analysis of pertinent policy research reports will be compared with the areas in which the actual government investments are made. The results from this comparative analysis are expected to make useful reference materials for future policy development and budget establishment.

• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.5
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• pp.572-580
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• 2019

In view of the numerous discussions on global environmental issues, policies have been implemented to limit emissions in the field of marine transport, which accounts for a major part of international trade. In this study, a ship's emissions were calculated by applying the engine load factor to determine the total quantity of emissions based on the ship's speed reduction. For ships entering and leaving the Busan North Port from 1 January to 31 December 2017, emissions were calculated and analyzed based on the ship's type and its speed in the reduced speed zone (RSZ), which was set to 20 nautical miles. The comparison of the total amount of emissions under all situations, such as cruising, maneuvering, and hotelling modes revealed that the vessels that generated the most emissions were container ships at 76.1 %, general cargo ships at 7.2 %, and passenger ships at 6.8 %. In the cruising and maneuvering modes, general cargo ships discharged a lesser amount of emission in comparison with passenger ships; however, in the hotelling mode, the general cargo ships discharged a larger amount of emission than passenger ships. The total emissions of nitrogen oxides (NOx), sulphur oxides (SOx), particulate matter (PM), and volatile organic compounds (VOC), were 49.4 %, 45 %, 4 %, and 1.6 %, respectively. Furthermore, the amounts of emission were compared when ships navigated at their average service speed, 12, 10, and 8 knots in the RSZ, respectively. At 12 knots, the reduction in emissions was more than that of the ships navigating at their average service speed by 39 % in NOx, 40 % in VOC, 42 % in PM, and 38 % in Sox. At 10 knots, the emission reductions were 52 %, 54 %, 56 %, and 50 % in NOx, VOC, PM, and Sox, respectively. At 8 knots, the emission reductions were 62 %, 64 %, 67 %, and 59 % in NOx, VOC, PM, and Sox, respectively. As a result, the emissions were ef ectively reduced when there was a reduction in the ship's speed. Therefore, it is necessary to consider limiting the speed of ships entering and leaving the port to decrease the total quantity of emissions.

• Journal of Korean Society of Coastal and Ocean Engineers
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• v.33 no.1
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• pp.1-12
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• 2021

To investigate the effect of freshwater discharge on the seawater circulation in the semi-closed harbor, a 3-D hydrodynamic model was applied to the International Ferry Terminal (IFT). The model run is conducted for 45 days (from May 15 to June 30, 2020), and the reproducibility of the model for time-spatial variability of current velocity and salinity was verified by comparison with model results and observation data. There are two sources of freshwater towards inside of the IFT: Han River and water reservoir located in the eastern part of IFT. In residual current velocity results, the two-layer circulation (the seaward flow near surface and the landward flow near bottom)derived from the horizontal salinity gradient in only considering the discharge from a Han River is more developed than that considering both the Han River and water reservoir. This suggests that the impact of freshwater from the reservoir is greater in the IFT areas than that from a Han River. Additionally, the two-layer circulation is stronger in the IFT located in southern part than Incheon South Port located in northern part. This process is formed by the interaction between tidal current propagating into the port and freshwater discharge from a water reservoir, and flow with a low salinity (near 0 psu) is delivered into the IFT. This low salinity distribution reinforces the horizontal stratification in front of the IFT, and maintains a two-layer circulation. Therefore, local sources of freshwater input are considered to estimate for mass transport process associated with the seawater circulation within the harbor and It is necessary to perform a numerical model according to the real-time freshwater flow rate discharged.

• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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• v.28 no.1
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• pp.1-18
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• 2023

The East Sea, one of the regions where the most rapid warming is occurring, is known to have important implications for the response of the ocean to future climate changes because it not only reacts sensitively to climate change but also has a much shorter turnover time (hundreds of years) than the ocean (thousands of years). However, the processes underlying changes in seawater characteristics at the sea's deep and abyssal layers, and meridional overturning circulation have recently been examined only after international cooperative observation programs for the entire sea allowed in-situ data in a necessary resolution and accuracy along with recent improvement in numerical modeling. In this review, previous studies on the physical characteristics of seawater at deeper parts of the East Sea, and meridional overturning circulation are summarized to identify any remaining issues. The seawater below a depth of several hundreds of meters in the East Sea has been identified as the Japan Sea Proper Water (East Sea Proper Water) due to its homogeneous physical properties of a water temperature below 1℃ and practical salinity values ranging from 34.0 to 34.1. However, vertically high-resolution salinity and dissolved oxygen observations since the 1990s enabled us to separate the water into at least three different water masses (central water, CW; deep water, DW; bottom water, BW). Recent studies have shown that the physical characteristics and boundaries between the three water masses are not constant over time, but have significantly varied over the last few decades in association with time-varying water formation processes, such as convection processes (deep slope convection and open-ocean deep convection) that are linked to the re-circulation of the Tsushima Warm Current, ocean-atmosphere heat and freshwater exchanges, and sea-ice formation in the northern part of the East Sea. The CW, DW, and BW were found to be transported horizontally from the Japan Basin to the Ulleung Basin, from the Ulleung Basin to the Yamato Basin, and from the Yamato Basin to the Japan Basin, respectively, rotating counterclockwise with a shallow depth on the right of its path (consistent with the bottom topographic control of fluid in a rotating Earth). This horizontal deep circulation is a part of the sea's meridional overturning circulation that has undergone changes in the path and intensity. Yet, the linkages between upper and deeper circulation and between the horizontal and meridional overturning circulation are not well understood. Through this review, the remaining issues to be addressed in the future were identified. These issues included a connection between the changing properties of CW, DW, and BW, and their horizontal and overturning circulations; the linkage of deep and abyssal circulations to the upper circulation, including upper water transport from and into the Western Pacific Ocean; and processes underlying the temporal variability in the path and intensity of CW, DW, and BW.

• Clinical and Experimental Reproductive Medicine
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• v.23 no.3
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• pp.247-268
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• 1996

It has been known for a long time that gonadotropins and steroid hormones play a pivotal role in a series of reproductive biological phenomena including the maturation of ovarian follicles and oocytes, ovulation and implantation, maintenance of pregnancy and fetal growth & development, parturition and mammary development and lactation. Recent investigations, however, have elucidated that in addition to these classic hormones, multiple growth factors also are involved in these phenomena. Most growth factors in reproductive organs mediate the actions of gonadotropins and steroid hormones or synergize with them in an autocrine/paracrine manner. The insulin-like growth factor(IGF) system, which is one of the most actively investigated areas lately in the reproductive organs, has been found to have important roles in a wide gamut of reproductive phenomena. In the present communication, published literature pertaining to the intrauterine IGF system will be reviewed preceded by general information of the IGF system. The IGF family comprises of IGF-I & IGF-II ligands, two types of IGF receptors and six classes of IGF-binding proteins(IGFBPs) that are known to date. IGF-I and IGF-II peptides, which are structurally homologous to proinsulin, possess the insulin-like activity including the stimulatory effect of glucose and amino acid transport. Besides, IGFs as mitogens stimulate cell division, and also play a role in cellular differentiation and functions in a variety of cell lines. IGFs are expressed mainly in the liver and messenchymal cells, and act on almost all types of tissues in an autocrine/paracrine as well as endocrine mode. There are two types of IGF receptors. Type I IGF receptors, which are tyrosine kinase receptors having high-affinity for IGF-I and IGF-II, mediate almost all the IGF actions that are described above. Type II IGF receptors or IGF-II/mannose-6-phosphate receptors have two distinct binding sites; the IGF-II binding site exhibits a high affinity only for IGF-II. The principal role of the type II IGF receptor is to destroy IGF-II by targeting the ligand to the lysosome. IGFs in biological fluids are mostly bound to IGFBP. IGFBPs, in general, are IGF storage/carrier proteins or modulators of IGF actions; however, as for distinct roles for individual IGFBPs, only limited information is available. IGFBPs inhibit IGF actions under most in vitro situations, seemingly because affinities of IGFBPs for IGFs are greater than those of IGF receptors. How IGF is released from IGFBP to reach IGF receptors is not known; however, various IGFBP protease activities that are present in blood and interstitial fluids are believed to play an important role in the process of IGF release from the IGFBP. According to latest reports, there is evidence that under certain in vitro circumstances, IGFBP-1, -3, -5 have their own biological activities independent of the IGF. This may add another dimension of complexity of the already complicated IGF system. Messenger ribonucleic acids and proteins of the IGF family members are expressed in the uterine tissue and conceptus of the primates, rodents and farm animals to play important roles in growth and development of the uterus and fetus. Expression of the uterine IGF system is regulated by gonadal hormones and local regulatory substances with temporal and spatial specificities. Locally expressed IGFs and IGFBPs act on the uterine tissue in an autocrine/paracrine manner, or are secreted into the uterine lumen to participate in conceptus growth and development. Conceptus also expresses the IGF system beginning from the peri-implantation period. When an IGF family member is expressed in the conceptus, however, is determined by the presence or absence of maternally inherited mRNAs, genetic programming of the conceptus itself and an interaction with the maternal tissue. The site of IGF action also follows temporal (physiological status) and spatial specificities. These facts that expression of the IGF system is temporally and spatially regulated support indirectly a hypothesis that IGFs play a role in conceptus growth and development. Uterine and conceptus-derived IGFs stimulate cell division and differentiation, glucose and amino acid transport, general protein synthesis and the biosynthesis of mammotropic hormones including placental lactogen and prolactin, and also play a role in steroidogenesis. The suggested role for IGFs in conceptus growth and development has been proven by the result of IGF-I, IGF-II or IGF receptor gene disruption(targeting) of murine embryos by the homologous recombination technique. Mice carrying a null mutation for IGF-I and/or IGF-II or type I IGF receptor undergo delayed prenatal and postnatal growth and development with 30-60% normal weights at birth. Moreover, mice lacking the type I IGF receptor or IGF-I plus IGF-II die soon after birth. Intrauterine IGFBPs generally are believed to sequester IGF ligands within the uterus or to play a role of negative regulators of IGF actions by inhibiting IGF binding to cognate receptors. However, when it is taken into account that IGFBP-1 is expressed and secreted in primate uteri in amounts assessedly far exceeding those of local IGFs and that IGFBP-1 is one of the major secretory proteins of the primate decidua, the possibility that this IGFBP may have its own biological activity independent of IGF cannot be excluded. Evidently, elucidating the exact role of each IGFBP is an essential step into understanding the whole IGF system. As such, further research in this area is awaited with a lot of anticipation and attention.