• Title/Summary/Keyword: Old Settlement

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Behavior Case Study of Temporary Structures during Underground Extension Work by Field Measurement (현장계측을 통한 지하증축공사 중 가설구조물의 거동 사례연구)

  • Kim, Uiseok;Min, Byungchan;Kang, Minkyu;Kim, Dongkwan;Choi, Hangseok
    • Journal of the Korean GEO-environmental Society
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    • v.21 no.8
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    • pp.5-13
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    • 2020
  • During the construction of underground space expansion of old facilities, it is necessary to secure temporary residence space for existing residents as well as noise and vibration issues during construction, and in the case of commercial, industrial, and social use, damage is expected from suspension of the use of facilities. There is a need for a technology that minimizes noise and vibration during underground expansion, enabling the use of existing facilities even during construction. In this study, a practical underground extension model is proposed by analyzing the behavior of the temporary structure and the surrounding ground as a result of measurement at each construction stage for a actual construction site. In order to solve the problems that occurred during construction, the basement slabs were placed in advance after the initial excavation. The measurement results (building inclinometer, crack measurement system, structure inclinometer and surface settlement meter) at the site were reviewed to analyze the behavior of the temporary structure and surrounding ground. As a result, it was confirmed that the inclinometer of the building and the structural inclinometer showed a tendency that the displacement after the slab line was placed was reduced or converged. The placement of basement slabs during underground extension not only relived the noise and vibration problems during construction, but also secured the stability of structures.

Applications of Improved Low-Flow Mortar Type Grouting Method for Road Safety and Constructability in Dangerous Steep Slopes (급경사지 붕괴 위험지역의 도로 안전 및 시공성을 고려한 개선된 저유동 몰탈형 그라우팅공법 적용성 분석)

  • Choi, Gisung;Kim, Seokhyun;Kim, Nakseok
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.40 no.4
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    • pp.409-415
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    • 2020
  • Low-flow mortar injection method grouting technology was selected and the traffic area was preserved as much as possible in order to secure safety for road traffic when the outflow and subsidence of landfill occurred due to ground-water, and etc. In particular, the current existing method was newly improved since there are risks of damage such as hydraulic fracturing at the lower part of the road, spilling of soil particles on steep slopes, and bumps on the road due to excessive injection pressure during construction. This study was carried out at the site of reinforcement work on the road as a maintenance work for the danger zone for collapse of the steep slope of the 00 hill, which was ordered from the 00 city 00 province. The improved low-flow mortar type grouting method adopted a new automated grouting management system and especially, it composites the method for grouting conditions decision by high-pressure pre-grouting test and injection technology by AGS-controlled and studied about grouting effect analysis by using new technology. By applying the improved low-flow mortar type grouting method, it was possible to lay the groundwork for road maintenance work such as the prevention of subsidence of old roads, uneven subsidence of buildings and civil engineering structures, and of soil leakage of ground-water spills. Furthermore, the possibility of application on future grouting work not only for just construction that prevents subsidence of old roads but also for various buildings and civil engineering structures such as railroads, subways, bridges, underground structures, and boulder stone and limestone areas was confirmed.

Effects of Humidity and Citrus Leaf Age on the Multiplication of Aculops pelekassi (Acari: Eriophyoidea) and Seasonal Population Abundances in Citrus Orchards (습도와 감귤 잎의 연령이 귤녹응애 증식에 미치는 영향 및 감귤원에서 발생소장)

  • Seo, Yon Dong;Kim, Dong-Soon
    • Korean journal of applied entomology
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    • v.53 no.1
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    • pp.1-6
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    • 2014
  • The pink citrus rust mite, Aculops pelekassi (Keifer) (Acari: Eriophyoidea), is an important pest in the citrus orchards of Jeju, Korea. This study was performed to investigate the seasonal population abundance of A. pelekassi, and the effects of humidity and citrus leaf age on the multiplication of this pest. Relative humidity (RH) significantly affected the longevity and fecundity of A. pelekassi. Longevity was 7.5, 14.5 and 14.6 d and fecundity was 5.4, 21.5, and 27.1 eggs at 33, 75 and 84% RH, respectively. The leaf age of citrus significantly affected the multiplication of A. pelekassi. The population abundance on 40 day-old leaves was much higher more than 3 times that on 10-day old leaves at 4 weeks after introduction. Overwintered A. pelekassi adults between the bud scales of the citrus trees became active in late April; they were found on newly emerged leaves, followed by their settlement on young fruits in mid-June. The population levels of A. pelekassi peaked on the leaves in late June to July, and on the fruits in early August. The results obtained in this study should be useful for the control of A. pelekassi in citrus orchards in Jeju.

Formation Environment of Quaternary deposits and Palynology of Jangheung-ri Archaeological Site (Jiphyeon County, Jinju City), Korea (진주 집현 장흥리 유적 제4기 퇴적층 형성 및 식생환경 연구)

  • 김주용;박영철;양동윤;봉필윤;서영남;이윤수;김진관
    • The Korean Journal of Quaternary Research
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    • v.16 no.2
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    • pp.9-21
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    • 2002
  • In Korea, many open-air upper palaeolithic sites are located at the river valley, particularly exposed in gently rotting terrain along the river course. They are situated at an altitude less trail 30 m above present river bottom, and covered with the blankets of slope deposits of several meters in thickness. The purpose of this research is to eluridate depositional and vegetational environment of the alluvial upper palaeolithic Jangheung-ri sites on the basis of analytical properties of grain size population, chronology, palynology, soil chemistry and clay mineralogy and magnetic susceptibility of the Jangheung-ri Quaternary formations. The lithostratograpy of Jangheung-ri sit is subdivided into 3 layers based on the depositional sequence and radiocarbon ages. From bottom to top, they are composed of slope deposits with lower paleosol layers, young fluvial sand and gravel with backswamp organic muds, and upper paleosol layers. The upper paleosol was formed under rather dry climatic condition between each flooding period. Dessication cracks were prevalent in the soil solum which was filled with secondarily minuted fragments due to pedogenetic process. The soil structure shows typical braided-typed cracks in the root part of cracking texture, and more diversified pattern of crackings downward. The young fluvial sand gravel were formed by rather perennial streams after LGM. The main part of organic muds was particularly formed after 15Ka. Local backswamp were flourished with organic muds and graded suspension materials in the flooding muds were intermittently accumulated in the organic muds until ca. 11Ka. This episode was associated with migration of Nam River toward present course. Organic muds were formed in backswamp or local pond. Abies/Picea-Betula with Ranunculaceae, Compositae, Cyperaceae were prevalent. This period is characterized with B$\Phi$lling, Older Dryas, Allerod, and Younger Dryas (MIS-1). Stone artefacts were found in the lower paleosol layers formed as old as 18Ka-22Ka. Based on the artefacts and landscape settings of the Jangheung-ri site, it is presumed that settlement grounds of old people were buried by frequent floodings of old Nam River, the river-beds of which were heavily fluctuated laterally and river-bed erosions were activated from south to north in Jangheung-ri site until the terminal of LGM9ca 17Ka).

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The Ruling System of Silla to Gangneung Area Judged from Archaeological Resources in 5th to 6th Century (고고자료로 본 5~6세기 신라의 강릉지역 지배방식)

  • Shim, Hyun Yong
    • Korean Journal of Heritage: History & Science
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    • v.42 no.3
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    • pp.4-24
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    • 2009
  • This paper examined archaeological resources that discuss how Silla entered the Gangneung area, the coastal region along the East Sea that has been excavated most actively. Silla expanded its territories while organizing the its system as an ancient state and acquired several independent townships in various regions, stretching its forces to the East Sea area faster than any other ancient states of the time. In particular, many early relics and heritages of Silla have been found in Gangneung, the center of the East Sea area. Many archaeological resources prove these circumstances of that time and provide brief texts that are valuable for our interpretation of historical facts. In this respect, it was possible for me to examine these resources to answer my question as to why early relics and heritages of Silla are found in the Gangneung area. Based on my research on Silla's advancement into the Gangneung area, I have acquired the following results: How did Silla rule this area after conquering Yeguk in the Gangneung area? After conquering the Gangneung area, Silla attempted an indirect ruling at first. Later, Silla adopted a direct ruling system. I divided the indirect ruling period into two phases: introduction and settlement. In detail, Silla's earthenware and stone chamber tombs first appeared in Hasi-dong in the fourth quarter of the 4th Century and the tombs spread to Chodang-dong in the second quarter of the 5th Century. A belt with dragon pattern openwork, which seems to be from the second quarter of the 5th Century, was found to tell us that the Gangneung region began receiving rewards from Silla during this time. Thus, the period from the fourth quarter of the 4th Century to the second quarter of the 5th Century is designated as the 1st Phase (Introduction) of indirect ruling in terms of aechaeological findings. This is when Silla was first advanced to the Gangneung area and tolerated independent administration of the conquered. In the third and fourth quarters of the 5th Century, old mound tombs appeared and burials of relics that symbolized power emerged. In the third quarter of the 5th Century, stone chamber tombs were prevalent, but wooden chamber tombs, stone mounded wooden chamber tombs, and lateral entrance stone chamber tombs began to emerge. Also, tombs that were clustered in Hasi-dong and Chodang-dong began to scatter to Byeongsan-dong, Yeongjin-ri, and Bangnae-ri nearby. Steel pots were the symbol of power that emerged at this time. In the fourth quarter of the 5th Century, stone chamber tombs were still dominating, but wooden chamber tombs, stone mounded wooden chamber tombs, and lateral entrance stone chamber tombs became more popular. More crowns, crown ornaments, big daggers, and belts were bestowed by Silla, mostly in Chodang-dong and Byeongsan-dong. The period from the third quarter to the fourth quarter of the 5th Century was designated as the 2nd Phase (Settlement) of indirect ruling in terms of aechaeological findings. At this time, Silla bestowed items of power to the ruling class of the Gangneung area and gave equal power to the rulers of Chodang-dong and Byeongsan-dong to keep them restrained by each other. However, Silla converted the ruling system to direct ruling once it recognized the Gangneung area as the base of its expedition of conquest to the north. In the first quarter of the 6th Century, old mound tombs disappeared and small/medium-sized mounds appeared in the western inlands and the northern areas. In this period, the tunnel entrance stone chamber tombs were large enough for people to enter with doors. A cluster of several tunnel entrance stone chamber tombs was formed in Yeongjin-ri and Bangnae-ri at this time, probably with the influence of Silla's direct ruling. In the first quarter of the 6th Century, Silla dispatched officers from the central government to complete the local administration system and replaced the ruling class of Chodang-dong and Byeongsan-dong with that of Silla-friendly Yeonjin-ri and Bangnae-ri to reorganize the local administration system and gain full control of the Gangneung area.

A Study on the Fashion Styles of the Wellness Kin in the Contemporary Fashion

  • Kan, Ho-Sup;Park, Na-Na
    • Journal of Fashion Business
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    • v.6 no.6
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    • pp.19-33
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    • 2002
  • In the middle of economic and mental riches in the 21st century, the importance of well being and the pursuit of happiness are emerging as the new trend. Thus the lifestyle that values comfortable and practical naturalness and intrinsic merits has come to influence the human life rather than the old showing-off and formal desire. In addition to this, the spread of the five day week has given more leisure time, which has led to the increasing interest in health and leisure. The interest in sports has skyrocketed since the successful holding of the 2002 Korea and Japan World Cup event. All these changes to the lifestyle have contributed to the fusion of luxury wear and sports wear. As the result of the consumers in the 21st century having more classified and upgraded way of living thanks to the settlement of the above-mentioned lifestyle and the enlargement of the leisure sports culture, there has appeared the wellness kin, who value the importance of life and the nature and believe in the idea that they can reconstruct the environment in the way they can enjoy their lifestyle and pursue happiness. They favor healthy fashion items and think much of exercise, nutrition, and rest. They pursue the natural and comfortable style, whose ideas came from simple exercises such as health training and yoga and the easy and comfortable look observed at resorts. Their fashion style can be divided into three of fitness fashion, yoga fashion and resort fashion. First, the boxer fashion is characterized by the relaxing design and practicality. The major items of the fashion include running shirt-styled upper clothes, training pants, hooded shirts and sneakers. Simple and comfortable look should be induced from the combination of the items. Second, the yoga fashion was motivated by the comfortable yoga wear. It advocates stress-free spirit and comfortable and stable naturalism. Along with the advantages of the good feeling to wear and the functionality to help exercise better, the yoga fashion gives the wearer enough room to move around in, using the unique lines. Third, the resort wear refers to the kinds of clothes you tend to wear at the beach and the park. There are various kinds of the resort look; bathing suits, the beach wear you can wear with the bathing suit, the resort evening wear, the full-side look that you try on top of the bathing suit and is made of the same material of the bathing suit, and the marine look, the symbol of the summer. In short, the study attempted to investigate many trends occurring as the result of human recent increasing interest and concern in the quality of life, and the impacts of them on the fashion world. This kind of research that examines the background of the times and society will help to grasp with the fashion trends of the present and the future. And more studies should be conducted on the development of new and original design in clothes fashion, which reflects the characteristics identified in this kind of research.

Review of Geography Books for Joseon Dynasty Urban Research - Focused on Donggukyeojiji, Yeojidoseo, Yeodobiji and Daedongjiji - (조선시대 도시연구를 위한 지리지(地理志)의 기초연구 - 『동국여지지(東國輿地志)』·『여지도서(輿地圖書)』·『여도비지(輿圖備志)』·『대동지지(大東地志)』를 중심으로 -)

  • Kang, Seo-Yeon;Yoon, In-Suk
    • Journal of architectural history
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    • v.21 no.5
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    • pp.33-46
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    • 2012
  • The purpose of this study lies on reinterpreting the geography books in Joseon dynasty as records of the cities and consequently suggesting directions for further urban research. Geography books of Joseon dynasty are valuable references to understand the national policy, and imply that the focus of the contents is on the system. Especially, military system is an important concept to understand city type in that period, relationships between cities, selection of location, etc. The results of review are as following: First, military system is not a permanent fixture and therefore reflects changes in urban policies along with the history. The system suggests valuable clues on urban development as it is state-run, and closely associated with national land development. Second, counties and prefectures under jurisdiction of district called Eupchi(邑治) had cities as important as or even more important than local government such as Yeong-a(營衙), Jinbo(鎭堡), Yeok(驛: administrative cities). Such special regions need to be studied as other type of cities in Joseon dynasty by defining their architectural characteristics and roles. Third, the relationship of cities such as Eupch, Yeong-a, and Jinbo, was reorganized according to the local military system. Eupchi, administrative city, along with Yeong-a and Jinbo evolved into a military city as it became systematically organized. The characteristics of Yeok needs to be reconsidered in the context of such new inter-city relationship. Fourth, considerations which should be reviewed in the geography based on this concept can be mainly classified into architecture and landscape. This will also lay the foundation, and suggest new directions for further research for Eupchi, Yeong-a, Jinbo, and Yeok. Fifth, description of the geography looks simple at first sight, but with thorough understating on the system, there are chances to interpret objective reasoning of position and landscape in the overall flow of region, area, etc. Bongsu(烽燧), signal-fire, can be an object of comparison with geographical features and position. Furthermore, advantageous position is a historical and geographical element showing the major context of the region.

A Study on the Development of National Defense Leadership through the Change of Civil-Military Relationships (민군관계의 변화와 국방리더십의 발전방안에 관한 연구)

  • Lee, Chang-Gi
    • Journal of National Security and Military Science
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    • s.4
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    • pp.83-118
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    • 2006
  • This study is to develop digital leadership in a field of national defense. Today, korean society is facing the crisis of national security. But national defense leadership is not show in the circumstance of national security crisis. As you know, national defense leadership is a process that make use of influence. Which means it converges people's interest and demands well and also show people the right vision of national defense and make them to comply the policy about national security. Because of the environmental change, our national defense leadership is having a new turning point. First, international order, which is under post-cold war, raises possibility of guarantee of peace and security in international society but also, cause the increase of multiple uncertainty and small size troubles in security circumstance. In addition, Korean society is rushing into democratization and localization period by success in peaceful change of political power went through about three times. The issue of political neutralization of military is stepping into settlement but still, negative inheritance of old military regime is worrying about it. In this situation, we can't expect rise in estimation about the importance of security and military's reason for being. So, military have to give their concern to not only internal maintenance of order and control and growth of soldiers but also developing external leadership to strength influence to society and military's the reason for being. So for these alternative I'm suggesting a digital leadership of national defense which fits digital era. This digital leadership is the leadership which can accept and understand digital technology and lead the digital organization. To construct digital national defense we need a practical leadership. The leadership has to be digital leadership with digital competence that can direct vision of digital national defense and carry out the policy. A leader who ha s digital leadership can lead the digital society. The ultimate key to construct digital government, digital corporate and digital citizen depends on digital leader with digital mind. To be more specific, digital leadership has network leadership, next generation leadership, knowledge driven management leadership, innovation oriented leadership. A leader with this kind of leadership is the real person with digital leadership. From now on, to rise this, we have to build up human resource development strategy and develop educational training program.

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Burqanism from the Origin of the Pastoral Nomadic Koryo Region and the Vision of Korean Livestock Farming (고려의 원시영역 유목초지, 그 부르칸(불함)이즘과 한국축산의 비전)

  • Chu Chae Hyok
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.25 no.1
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    • pp.71-82
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    • 2005
  • Khori(高麗) refers to the Chaabog(reindeer) that live on lichens(蘚) on Mt. Soyon(鮮) in which pastures are the cold and dry plateau of North Eurasia. Thus, the origin region of the Khori or Koguryo that are the ancestors of the reindeer-herding pastoral nomads(馴鹿 遊牧民) can be said to be the Steppe-Taiga-Tundra pastoral areas of North Eurasia and North America. When the pastoral nomads moved on to the great mountain(大山) zone of the Jangbaek(長白) to the Baekdu(白頭) Mountains, they could have been in contact with pastoral farmers or agricultural farmers living there and they became the farmers remaining on agricultural farms. They were the Koryo people, the ancestors of Korea. Staying in one place, they gradually forgot the origin of their reindeer-herding pastoral nomadic history in the Northwest area of Mt. Soyon, the small mountain(小山) zone of the Steppe-Taiga-Tundra pastoral areas. In other words, they lost their identity as reindeer-herding pastoral nomads when they entered the agricultural area after leaving the pastoral area. However, since their basic genes had already formed when they lived on the cold and dry plateau of North Eurasia, it is possible to study their pastoral nomadic history focusing on 'the minority living in the broad area(廣域少數)', by utilizing highly advanced biotechnological science and focusing on genes and information technology innovation, and removing various past hindrances in research. Therefore, it is not so difficult to restore the reindeerherding pastoral nomadic history of the Koguryo(高句麗) people and secure their pastoral nomadic identity, of which the first steps have already been taken into their historical stages. The Eurasian continent and the Korean peninsula, especially the cold and dry plateau of North Eurasia and the Korean peninsula have been closely related to each other ecologically and historically. They can never be a separate space at all. The Eurasian continent lies horizontally east to west and thus, the continent forms an isothermal zone. Also, since the time of producing their own foods, it was relatively easy for people with their technology to move to other places owing to the pastoral nomadic characteristic of mobility. Unlike the Chungyen(中原) region, western Asia and the regions covering the Siberia-Manchu-Korean peninsula where food production revolution was first made were connected to the Mongolian lichens route(蘚苔之路: Ni, ukinii jam) and steppe roads. Although the ecological conditions of nature have changed a bit throughout a long history, it was natural for the many tribes in North Asia living on the largest Steppe-Taiga-Tundra area in the world to have believed 'the legends related to animals in relation to their founders and ancestors(獸祖傳說)'. Assuming that Siberian tigers and the tigers living on Mt. Baekdu were connected ecologically and genetically because of the ecological characteristics of the animals, and their migration from plateau to plateau, we would suspect that the Chosun(朝鮮) tribe living on Mt. Baekdu were ethnically and culturally more closely connected to the farther removed Ural-Altai tribes that lived on the cold and dry plateau region than to the Han(i14;) tribe who lived in Chungyen(中原) that was close to Mt. Baekdu. More evidence is the structure of the Korean language which has the form of 'Subject + Object + Verb', which is assumed to have originated from the speedy lifestyle of the reindeer-herding pastoral nomads. The structure is quite different from that of the Han(漢) language, which is based on agricultural life. Also, it is natural for reindeer riding reindeerherding pastoral nomads or horse-riding sheep-herding pastoral nomads(騎馬, 羊遊牧民) to have held military and political power over the region and eventually to have established an ancient pastoral nomadic empire in the process of their conquest of agricultural regions. The stages for founding global empires in the history of mankind maybe largely divided into two, in terms of ecological conditions and occupations. They are the steppes and the oceans. Of course, the steppe-based empires were established based on the skills to deal with horses and the ability to shoot arrows while riding horses, along with the use of iron ware in the 8th century BC. The steppe-based empires became the foundation for an oceanic empire, which could have been established by the use of warships and warship guns since the 15th Century. Based on those facts, we know that Chosun, Puyo(夫餘), and Koguryo are the products of a developmental process of pastoral nomadic empires on the steppes. Maybe we can easily find the pastoral nomadic identity of the Koguryo more than we expected when we trace the origins and history of the Korean tribe living in the pastures located in the northwest area of Mt. Jangbaek by focusing on pastoral nomadic mobility and organization just as we have investigated the historic origins of Anglo-Saxons in America by focusing on the times before the 15th Century. In the process, we should keep in mind that English culture originated from the Industrial Revolution and was directly delivered to the American continent, although America was far from England and was not an intermediate point on long sojourns either. Further, American culture came back to England in a more advanced form later. The most important thing currently to be resolved is to cause Koreans to look back on their own history in a freer way of thinking and with diverse, profound, and sharp insight, taking away the old and existing conventional recognition that is entangled with complicated interests with Korean people and other countries. The meanings of Chosun, Khori, and Solongos have been interpreted arbitrarily without any historic evidence by the scholars who followed conventional tradition of fixed-minded aristocrats in an agricultural society. If the Siberian cultural properties of the stone age, the earthenware age, the bronze age, and the iron age are analyzed in such a way, archaeological discovery will never be able to contribute to the restoration of the Koguryo's pastoral nomadic identity. One should transcend the errors that tend to interpret the cultural properties discovered in the pastoral nomadic regions as not being differentiated from those of agricultural regions and just interpret them altogether from the agricultural point of view. A more careful intention is required in the interpretation of cultural properties of ancient Korean empires that seem to have been formed due to mutual interactions of pastoral nomadic and agricultural cultures. Also, it is required that the conventional recognition chain of 'reverse-genes' be severed, which has placed more weight on agricultural properties than pastoral nomadic ones, since their settlement on agricultural farms was made after the establishment of their ancient pastoral nomadic empires. There is no reason at all to place priority on stoneware, earthenware, bronze ware, and iron ware than on wooden ware(木器) and other ware which were made of animal skins(皮器), bones and horns(骨角器), in analyzing the history in the regions of reindeer or sheep pastures. Reading ancient Korean history from the perspective of pastoral nomadic history, one feels strongly the instinctive emotions to return to the natural 'mother place'. The reindeer-herding pastoral nomadic identity of the Koguryo people that has been accumulated in volumes in their genes and hidden deep inside and have interacted organically could be reborn with Burqanism(Burqan refers to 不咸 in Chinese), which was their religion by birth and symbolized as the red willow(紅柳=不咸). The mother place of the Koguryo's people is the endless vast green pastures of North Eurasia and North America, where we anticipated the development of Korean livestock farming following the inherent properties in the genes of the reindeer-herding pastoral nomads with Korean ancestors. We anticipate that the place would be the core resource that could contribute to the development of life of living creatures following the inherent properties of their genes and biotechnological factors. In other words, biotechnology used for a search for clues on the well-being of humans could be the fruit brought by Burqanism of the Koguryo people and the fruit of the globalization of Korean livestock farming. It is the Chosun farmer in China come from the vast nomadic reindeer pastures of North Eurasia that resolved the food problem of a billion Chinese people with lowland paddy rice seeds (水稻) by transforming Heilongjiang Province(黑龍江省) into an oceanic lowland paddy rice field(水田). Even Mao Tse-tung(毛擇東) could not resolve the food problem by his revolution campaigns for tens of years. Today is the very time that requires the development of special livestock farming following the inherent properties of the ancient Korean reindeer-herding pastoral nomads that respected the dignity of life on the cold and dry plateau of North Eurasia and the America continent. I suggest that research should be started from the pastures of the Dariganga Steppe in East Mongolia that was the homeland of Hanwoo(韓牛) and the central horse-herding steppe place(牧馬場) of Chingis Khan's Mongolia. The Dariganga Steppe is awash with an affluent natural environment for pastoral nomadic living however, the quality of life of the pastoral nomads there is still low. I suggest we Koreans, the descendents of the Koguryo, should take our first steps for our livestock farming business project and develop the Northern nomadic pastures, here at the pastures of the Dariganga Steppe, which is the Mongolian core place of state-of-the-art technology for military weapons.

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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