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A Study for strategic cooperaton of enterprise security and business (기업보안과 비즈니스의 전략적 협력에 관한 연구)

  • Ryu, Hyung-Chang
    • Korean Security Journal
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    • no.28
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    • pp.103-130
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    • 2011
  • This study is the research of enterprise security for raising the profitability and stability of Korean companies in global business environment and strategic cooperation of business. As the scientific technology gets complicated as day goes by and new competitors appear regardless the border in the modern business environment, the situation happens frequently which the huge company hands over their market to the new one armed with the innovative thinking overnight. To survive such new environment, the answer is the change of paradigm regarding business management method at the new point of view. With the low level of security risk management of Korean companies which stick to old habit, the security management which helps the companies secure profits is not affordable. The global village where the population of 7 billions live in 21st century is facing up to the rapid ecological adaptation. The rapid change of climatic environment creates the hundreds of thousands of sufferers in a moment, and we have been watching the millions of livestock are buried alive due to new contagious disease everyday. Such change encourages the humans in global village to change the basic way of living. The business ecosystem which is the basic root for economic life cannot be an exception. To survive the business environment of 21st century, the security risk management at management level is required and the reporting line of companies should be established newly for raising business competing power through security risk management. The companies should bear in mind that they can be disappeared into our old memories overnight if they are not sensitive to the changing environment. Out of new risks for the modern companies, the field especially Korean companies are dealing easily is the security risk. Not like past, the security risk which's size is much more massive and its propagation velocity is very fast is the one of important business risks which the management should take care. Out of security risks which influence on the modern companies significantly, the brand of companies, protection of their reputation, continuity of production and operation and keeping customer's trust are prior to the others. This study offered the suggestion regarding enterprise security and the strategic cooperation of business to deal with such security risk effectively.

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A Study on Documentation Strategy for Archiving Locality (지역 아카이빙을 위한 기록화방안 연구)

  • Kwon, Soon-Myung;Lee, Seung-Hwi
    • The Korean Journal of Archival Studies
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    • no.21
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    • pp.41-84
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    • 2009
  • Lots of cultures, memories, histories of the local life have disappeared. Some sectors of universities and religion have keep their records in manuscript archive only. On the other hand records of public sectors were at least able to be managed by the records management law. Citizen's groups and academic bounds were also roles to get public records strong. However can we just describe whole body with only public records? As records management law a record of private sector which has value of preserving can be managed under national protection. Yet establishment of local archive is not obligate. Only stressing on public records is like what dictatorial government acted in past years. It is what we ignore diversity and request of community. We need to move our view that we have focused on public and central sectors to private and local sectors. Local records management based on locality could help to complete the entire puzzle. The way complete the puzzle is various and wide spheres including from cultural space to being extinct village. Locality is defined as the property in certain area or distinctiveness of locals. Establishing production strategies is as important as collecting records produced over the past years for local archiving. Local archiving has to be regionally conducted in phase. Moreover common wealth and recognition of communities are reflected in the acquisition process. In next to archiving local organizations and private records according to collection policy, methodology on local archiving needs for archive management and use in various public and private fields. This methodology could be possible by building a local archive networking tool. It is true that Local archiving is not familiar and clear yet. If we can turn the effort for public records we have made to endeavor for private sectors, we might expect big fruits in private sectors. We easily emphasis on globalization or internationalization, our daily lives start on our villages. Setting aside our small communities, such a puzzle of the whole would never be completed. This is good time to begin finding lost puzzle for future. The key that can find lost puzzles be held in archiving localities.

A Study on the Meaning Landscape and Environmental Design Techniques of Yoohoedang Garden(Hageowon : 何去園) of Byulup(別業) Type Byulseo(別墅) (별업(別業) '유회당' 원림 하거원(何去園)의 의미경관 해석과 환경설계기법)

  • Shin, Sang-sup;Kim, Hyun-wuk
    • Korean Journal of Heritage: History & Science
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    • v.46 no.2
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    • pp.46-69
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    • 2013
  • The results of study on the meaning landscape and environmental design techniques of the Byulup, Yoohoedang garden(Hageowon) based on the story in the collection of Kwon Yi-jin (Yoohoedangjip, 有懷堂集), are as below. First, Yoohoedang Kwon Yi-jin (有懷堂 權以鎭 : 1668~1734) constructed a Byulup garden consisting of ancestor grave, Byulup, garden, and a school, through 3 steps for 20 years in the back hill area of Moosoo-dong village, south of Mountain Bomun in Daejeon. In other words, he built the Byulup(別業, Yoohoedang) by placing his father's grave in the back hill of the village, and then constructed Yoegeongam(餘慶菴) and Geoupjae(居業齋) for protection of the pond(Napoji, 納汚池), garden(Banhwanwon, 盤桓園), and ancestor graves, and descendants' studying in the middle stage. He built an extension in Yoohoedang and finally completed the large-size garden (Hageowon) by extending the east area. Second, in terms of geomancy sense, Yoohoedang Byulup located in Moosoo-dong village area is the representative example including all space elements such as main living house (the head family house of Andong Kwon family), Byulup (Yoohoedang), ancestor graves, Hagoewon (garden) and Yoegeongam (cemetery management and school) which byulup type Byulseo should be equipped with. Thirdly, there are various meaning landscape elements combining the value system of Confucianism, Buddhism and Taoism value, including; (1) remembering parents, (2) harmonious family, (3) integrity, (4) virtue, (5) noble personality, (6) good luck, (7) hermit life, (8) family prosperity and learning development, (9) grace from ancestors, (10) fairyland, (11) guarding ancestor graves, and (12) living ever-young. Fourth, after he arranged ancestor graveyard in the back of the village, he used surrounding natural landscapes to construct Hagoewon garden with water garden consisting of 4 mountain streams and 3 ponds for 13 years, and finally completed a beautiful fairyland with 5 platforms, 3 bamboo forests, as well as the Seokgasan(石假山, artificial hill). Fifth, he adopted landscape plantation (28 kinds; pine, maple, royal azalea, azalea, persimmon tree, bamboo, willow, pomegranate tree, rose, chinensis, chaenomeles speciosa, Japanese azalea, peach tree, lotus, chrysanthemum, peony, and Paeonia suffruticosa, etc.) to apply romance from poetic affection, symbol and ideal from personification, as well as plantation plan considering seasonal landscapes. Landscape rocks were used by intact use of natural rocks, connecting with water elements, garden ornament method using Seokyeonji and flower steps, and mountain Seokga method showing the essence of landscape meanings. In addition, waterscape are characterized by active use of water considering natural streams and physio-graphic condition (eastern valley), ecological corridor role that rhythmically connects each space of the garden and waterways following routes, landscape meaning introduction connecting 'gaining knowledge by the study of things' values including Hwalsoodam(活水潭, pond), Mongjeong(蒙井, spring), Hosoo(濠水, stream), and Boksoo(?水, stream), and sensuous experience space construction with auditory and visualization using properties of landscape matters.

A Difference of Social Awareness between Northern and Southern Vietnam for Corporate Social Responsibility Activities (베트남 내 기업 CSR활동에 대한 사회인식 지역비교 : 북부 하노이와 남부 호치민을 중심으로)

  • JUNG, Hye young;TRAN, Thi thuy
    • The Southeast Asian review
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    • v.28 no.3
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    • pp.159-212
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    • 2018
  • This paper is focused on analyzing the social environment of a rapidly changing on Vietnamese company. The key analysis of this study is on the change of perception in Vietnam and the regional difference of CSR acception. The social acceptance research of CSR is centered on the comparative analysis of Korean, Japanese and Chinese companies Social Activities in Vietnam. In addition, This paper seek to way of contribute to the sustainable development of Korean companies, and its harmonious cooperation with Vietnamese society through reviewing the CSR activities and direction of their CSR expectation. In the paper, linkage analysis was conducted with the results of the study on CSR value development process in Vietnam society and analysis of social responsibility values obtained from empirical studies. Through this, finally, we trying to search the value of social responsibility in Vietnam and its future directions. When we understand Vietnam's CSR, based on 'locality' of Vietnam, Northern and Southern can be understand on its different backgrounds. And it can be analyzed by their CSR characteristics of acception. As the result of this research, In the North, Foreign companies' CSR is understanded to be viewed from the corporate economic income and distribution. In the South, there is a strong tendency to understand CSR activities of foreign companies as marketing activities. On the whole, In northern Hanoi, there was a strong expectation in terms of 'employment improvement' and 'workers' working conditions'. In the South, there was a greater interest in improving the 'quality of life of residents' and 'consumer protection'. This is due to the influence of the economic system experienced during the process of different colonization, modernization and communization between the two regions. Since the Reform and Opening of Vietnam, Social Awareness of CSR seems that the regional differences were formed by the pace of economic development and the economic environment has played a role. In particular, the social acceptance of CSR values showed a slight difference in recognition between the North and South regions, but as both regions showed common hope for 'intervention in the role of government'. Therefore, Social Awareness of Vietnam's CSR is based on relation of 'government-society' formed from the 'Communitarianism'. As foreign investment flows more, CSR awareness and expectations in Vietnam's society will increase further. And the CSR expectations of local governments and stakeholder will be more complicated. It is time to check the needs of Vietnamese society in relation to locality of the social responsibility activities.

Toxic effects of new anti-fouling agents (diuron and irgarol) on the embryogenesis and developmental delay of sea urchin, Hemicentrotus pulcherrimus (신규방오도료물질(Diuron, Irgarol)이 말똥성게(Hemicentrotus pulcherrimus)의 배아발생과 지연에 미치는 독성영향)

  • Choi, Hoon;Park, Yun-Ho;Lee, Ju-Wook;Kwon, Ki-Young;Hwang, Un-Ki
    • Korean Journal of Environmental Biology
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    • v.38 no.4
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    • pp.518-527
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    • 2020
  • The aim of this study was to define the toxic effects of diuron and irgarol, which are new-antifouling agents, on the fertilization rate and normal embryogenesis rate in the sea urchin, Hemicentrotus pulcherrimus. In addition, the study was intended to confirm the hindrance of development in sea urchins. The fertilization rate of H. pulcherrimus was not decreased by the tested concentrations. However, the normal embryogenesis rate was decreased in a concentration-dependent manner. The 50% effective concentrations (EC50) of normal embryogenesis rate were 7.12 mg L-1 and 2.31 mg L-1, respectively. As the embryos developed into pluteus larvae, after 18 h of exposure to diuron and irgarol at EC50, development of the early gastrula stage was delayed, and significant developmental delays were observed after 24 h. After this, continuous developmental delays were observed in the process leading to the early gastrular, gastrular, early pluteus, and pluteus stages. Therefore, the toxic effects of diuron and irgarol on sea urchins were attributed to the delay in the developmental processes in the early life stages. Diuron and irgarol are highly persistent in the environment and have known-well toxic effects on various marine organisms including invertebrates, as shown in this study. Therefore, it is urgent to establish an environmental protection strategy to prevent the pollution of and preserve the marine environment.

Anura Call Monitoring Data Collection and Quality Management through Citizen Participation (시민참여형 무미목 양서류 음성신호 수집 및 품질관리 방안)

  • Kyeong-Tae Kim;Hyun-Jung Lee;Won-Kyong Song
    • Korean Journal of Environment and Ecology
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    • v.38 no.3
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    • pp.230-245
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    • 2024
  • Amphibians, sensitive to external environmental changes, serve as bioindicator species for assessing alterations or disturbances in local ecosystems. It is known that one-third of amphibian species within the order Anura are at risk of extinction due to anthropogenic threats such as habitat destruction and fragmentation caused by urbanization. To develop effective protection and conservation strategies for anuran amphibians, species surveys that account for population characteristics are essential. This study aimed to investigate the potential for citizen participation in ecological monitoring using the mating calls of anura species. We also proposed suitable quality control measures to mitigate errors and biases, ensuring the extraction of reliable species occurrence data. The Citizen Science project was carried out nationwide from April 1 to August 31, 2022, targeting 12 species of anura amphibians in Korea. Citizens voluntarily participated in voice signal monitoring, where they listened to anura species' mating calls and recorded them using a mobile application. Additionally, we established a quality control process to extract reliable species occurrence data, categorizing errors and biases from citizen-collected data into three levels: omission, commission, and incorrect identification. A total of 6,808 observations were collected during the citizen participation in anura species vocalization monitoring. Through the quality control process, errors and biases were identified in 1,944 (28.55%) of the 6,808 data. The most common type of error was omission, accounting for 922 cases (47.43%), followed by incorrect identification with 540 cases (27.78%), and commission with 482 cases (24.79%). During the Citizen Science project, we successfully recorded the mating calls of 10 out of the 12 anuran amphibian species in Korea, excluding the Asian toads (Bufo gargarizans Cantor), Korean brown frog (Rana coreana). Difficulties in collecting mating calls were primarily attributed to challenges in observing due to population decline or discrepancies between the breeding season of non-emergent individuals and the timing of the citizen science project. This study represents the first investigation of distribution status and species emergence data collection through mating calls of anura species in Korea based on citizen participation. It can serve as a foundation for designing future bioacoustic monitoring that incorporates citizen science and quality control measures for citizen science data.

New Insights on Mobile Location-based Services(LBS): Leading Factors to the Use of Services and Privacy Paradox (모바일 위치기반서비스(LBS) 관련한 새로운 견해: 서비스사용으로 이끄는 요인들과 사생활염려의 모순)

  • Cheon, Eunyoung;Park, Yong-Tae
    • Journal of Intelligence and Information Systems
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    • v.23 no.4
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    • pp.33-56
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    • 2017
  • As Internet usage is becoming more common worldwide and smartphone become necessity in daily life, technologies and applications related to mobile Internet are developing rapidly. The results of the Internet usage patterns of consumers around the world imply that there are many potential new business opportunities for mobile Internet technologies and applications. The location-based service (LBS) is a service based on the location information of the mobile device. LBS has recently gotten much attention among many mobile applications and various LBSs are rapidly developing in numerous categories. However, even with the development of LBS related technologies and services, there is still a lack of empirical research on the intention to use LBS. The application of previous researches is limited because they focused on the effect of one particular factor and had not shown the direct relationship on the intention to use LBS. Therefore, this study presents a research model of factors that affect the intention to use and actual use of LBS whose market is expected to grow rapidly, and tested it by conducting a questionnaire survey of 330 users. The results of data analysis showed that service customization, service quality, and personal innovativeness have a positive effect on the intention to use LBS and the intention to use LBS has a positive effect on the actual use of LBS. These results implies that LBS providers can enhance the user's intention to use LBS by offering service customization through the provision of various LBSs based on users' needs, improving information service qualities such as accuracy, timeliness, sensitivity, and reliability, and encouraging personal innovativeness. However, privacy concerns in the context of LBS are not significantly affected by service customization and personal innovativeness and privacy concerns do not significantly affect the intention to use LBS. In fact, the information related to users' location collected by LBS is less sensitive when compared with the information that is used to perform financial transactions. Therefore, such outcomes on privacy concern are revealed. In addition, the advantages of using LBS are more important than the sensitivity of privacy protection to the users who use LBS than to the users who use information systems such as electronic commerce that involves financial transactions. Therefore, LBS are recommended to be treated differently from other information systems. This study is significant in the theoretical point of contribution that it proposed factors affecting the intention to use LBS in a multi-faceted perspective, proved the proposed research model empirically, brought new insights on LBS, and broadens understanding of the intention to use and actual use of LBS. Also, the empirical results of the customization of LBS affecting the user's intention to use the LBS suggest that the provision of customized LBS services based on the usage data analysis through utilizing technologies such as artificial intelligence can enhance the user's intention to use. In a practical point of view, the results of this study are expected to help LBS providers to develop a competitive strategy for responding to LBS users effectively and lead to the LBS market grows. We expect that there will be differences in using LBSs depending on some factors such as types of LBS, whether it is free of charge or not, privacy policies related to LBS, the levels of reliability related application and technology, the frequency of use, etc. Therefore, if we can make comparative studies with those factors, it will contribute to the development of the research areas of LBS. We hope this study can inspire many researchers and initiate many great researches in LBS fields.

A Study on the Spatial Structure of Eupchi(邑治) and Landscape Architecture of Provincial Government Office(地方官衙) in the Late Joseon Dynasty through 'Sukchunjeahdo(宿踐諸衙圖)' - Focused on the Youngyuhyun Pyeongan Province and Sincheongun Hwanghae Province - (『숙천제아도(宿踐諸衙圖)』를 통해 본 조선시대 읍치(邑治)의 공간구조와 관아(官衙) 조경 - 평안도 영유현과 황해도 신천군을 중심으로 -)

  • Shin, Sang sup;Lee, Seung yoen
    • Korean Journal of Heritage: History & Science
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    • v.49 no.2
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    • pp.86-103
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    • 2016
  • 'Sukchunjeahdo' illustration-book, which was left by Han, Pil-gyo(韓弼敎 : 1807~1878)in the late Joseon Dynasty, includes pictorial record paintings containing government offices, Eupchi, and Feng Shui condition drawn by Gyehwa(界畵) method Sabangjeondomyobeop(四方顚倒描法) and is the rare historical material that help to understand spatial structure and landscape characteristics. Youngyuhyun(永柔縣) and Sincheongun(信川郡) town, the case sites of this study, show Feng Shui foundation structure and placement rules of government offices in the Joseon Period are applied such as 3Dan 1Myo(三壇一廟 : Sajikdan, Yeodan, Seonghwangdan, Hyanggyo), 3Mun 3Jo(三門三朝 : Oeah, Dongheon, Naeah) and Jeonjohuchim(前朝後寢) etc. by setting the upper and lower hierarchy of the north south central axis. The circulation system is the pattern that roads are segmented around the marketplace of the entrance of the town and the structure is that heading to the north along the internal way leads to the government office and going out to the main street leads to the major city. Baesanimsu(背山臨水 : Mountain in backward and water in front) foundation, back hill pine forest, intentionally created low mountains and town forest etc. showed landscape aesthetics well suited for the environmental comfort condition such as microclimate control, natural disaster prevention, psychological stability reflecting color constancy principle etc. and tower pavilions were built throughout the scenic spot, reflecting life philosophy and thoughts of contemporaries such as physical and mental discipline, satisfied at the reality of poverty, returning to nature etc. For government office landscape, shielding and buffer planting, landscape planting etc. were considered around Gaeksa(客舍), Dongheon(東軒), Naeah(內衙) backyard and deciduous tree s and flowering trees were cultivated as main species and in case of Gaeksa, tiled pavilions and pavilions topped with poke weed in tetragonal pond were introduced to Dongheon and Naeah and separate pavilions were built for the purpose of physical and mental discipline and military training such as archery. Back hill pine tree forest formed back landscape and zelkova, pear trees, willow trees, old pine trees, lotus, flowering trees etc. were cultivated as gardening trees and Feng-Shui forest with willow trees as its main species was created for landscape and practical purposes. On the other hand, various cultural landscape elements etc. were introduced such as pavilions, pond serving as fire protection water(square and circle), stone pagoda and stone Buddha, fountains and wells, monument houses, flagpoles etc. In case of Sincheongun town forest(邑藪), Manhagwan(挽河觀), Moonmujeong(文武井), Sangjangdae(上場岱) and Hajangdae(下場岱) Market place, Josanshup<(造山藪 : Dongseojanglim(東西長林)>, Namcheon(南川) etc. were combined and community cultural park with the nature of modern urban park was operated. In this context, government office landscape shows the garden management aspect where square pond and pavilions, flowering trees are harmonized around side pavilion and backyard. Also, environmental design technique not biased to aesthetics and ideological moral philosophy and comprehensively considering functionality (shielding and fire prevention, microclimate control, etc.) and environmental soundness etc. is working.

Legal Issues on the Collection and Utilization of Infectious Disease Data in the Infectious Disease Crisis (감염병 위기 상황에서 감염병 데이터의 수집 및 활용에 관한 법적 쟁점 -미국 감염병 데이터 수집 및 활용 절차를 참조 사례로 하여-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.29-74
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    • 2022
  • As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.

Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.9-39
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    • 2003
  • 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.

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