• Title/Summary/Keyword: Periodic Review

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Development of an Evaluation Model for the Implementation of IMO Instruments (IMO 협약이행에 대한 평가모델 개발)

  • Choi, Choong-Jung;Jung, Jung-Sik;An, Kwang
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.4
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    • pp.542-548
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    • 2022
  • In order to reduce marine accidents, each contracting Government needs to implement the instruments enacted and amended by the International Maritime Organization (IMO). The III Code requires each administration of the government to have a system for improvement through periodic review and evaluation and to include performance indicators in its evaluation methods. Thus, each IMO Member State needs to develop its own performance indicators. The purpose of this paper is to develop and present an evaluation model using the Balanced Scorecard (BSC) and Key Performance Indicators (KPI) in order to quantify and evaluate the level of implementation of the instruments by the administrations. From the perspective of 'III-BSC', which applies the BSC concept to the III code requirements, the Critical Success Factors (CSF) that must be secured to achieve the established vision were drawn up, and candidate KPIs for each evaluation area were developed to measure the derived key success factors and an initial study model was designed composed of four levels. The validity of the KPIs was verified and the study model was finalized using the survey design using the SMART technique. Furthermore, based on the developed study model, an evaluation model for the implementation of the BSC-based IMO instruments was developed by deriving the weights of elements for each level through AHP analysis. The developed evaluation model is expected to contribute toward improving the administrations' level of implementation of the IMO instruments as a tool for quantitatively grasping the level of performance of the implementation.

Reviewing the Candidate Types for Other Effective Area-based Conservation Measures for Post-2020 Management Related to National Protected Areas System (Post-2020 국가 보호지역 시스템 관리를 위한 기타 효과적인 지역 기반 보전 수단(OECMs) 후보지역 유형 검토)

  • Shim, Yun-Jin;Sung, Jung-Won;Lee, Kyeong-Cheol;Kweon, Hyeong-Keun;Hong, Yong-Sik;Kang, Shin-Gu;An, Jong-Bin
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.25 no.1
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    • pp.11-23
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    • 2022
  • This study aims to systematically review the candidate types for OECMs suitable for domestic conditions in areas related to the Korea Forest Service in order to achieve the goal of establishing the protected areas and OECMs system required by Post-2020 GBF, and to provide basic data for the establishment of the national protected areas system. As a result of the study, the selection criteria for OECMs were presented, and it was found that arboretums·botanical gardens, Natural Recreation Forests, and air holes may correspond to the Candidate Types for OECMs. As a result of evaluating the possible areas for OECMs based on the OECMs selection criteria, in the case of arboretums·botanical gardens, it is judged that only conservation areas can be designated as OECMs, except for areas mainly used by visitors of arboretums·botanical gardens that fall under the BGCI conservation type among national and public arboretums·botanical gardens. However, private and school arboretums·botanical gardens have personal property ownership, so it was judged to have no effective measures to control activities that may adversely affect biodiversity, which showed limitations in designation of OECMs. Natural Recreation Forests was found to meet the OECMs selection criteria. However, private forests have personal property ownership, which limits the designation of OECMs. Therefore, it is necessary to strengthen the function of in-situ conservation in order to meet the OECMs for private and school arboretums·botanical gardens, and private forests that have personal property ownership. To this end, effective measures are needed to achieve biodiversity conservation outcomes, and it is judged that legal control and corresponding support policies (incentives) are needed. In the case of air holes, for sustainable conservation, the management boundary of air holes should be clearly defined based on the preparation of laws and guidelines related to air holes. In addition, it is judged that it is desirable to designate the competent local forest office as the management authority and conduct periodic detailed surveys of air holes, establish and implement the conservation plans based on those.

Feeding Disorders in Autistic Spectrum Disorders (자폐 스펙트럼 장애 아동의 섭식장애: 문헌 고찰)

  • Min, Kyoung-chul;Shin, Jin-yong;Kim, Eun-hye
    • The Journal of Korean Academy of Sensory Integration
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    • v.21 no.3
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    • pp.79-102
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    • 2023
  • Objective : Autistic Spectrum Disorders(ASD) is a developmental disorder characterized by atypical sensory adaptation, communication problem, stereotyped behavior, and feeding disorders. The reasons for ASD feeding disorders are oral sensory motor, cognitive, behavioral, and social problems. Major symptoms include picky eating, selective eating, food refusal, food neophobia, limited food variety, and food aversion. ASD feeding disorders could be accompanied by various problems such as health and nutrition intake problems, feeding development, eating-related sociability, and family and caregiver stress. Feeding problems and disorders in ASD can present from birth. However, ASD is diagnosed by the age of 3, and there might be an appropriate treatment gap. Usually, symptoms of feeding disorders tend to decrease with age. However, the symptoms often remain, so early evaluation, intervention, and periodic checking are necessary. In this study, the general information about the feeding disorder characteristics of ASD, influencing factors, and intervention were described through a literature review. Conclusion : Sensory-based therapy and behavior-based therapies are generally used for feeding disorders in ASD. Sensory-based therapy is effective for food sensitivity and behavior-based therapy for food selection. As the symptoms of feeding disorders in ASD are diverse, a comprehensive approach includes play and participation, oral motor exercise, diet, and daily life. However, appropriate evaluation, intervention protocol, and guidelines for the treatment of feeding disorders in ASD are limited. Therefore, a complex approach based on a more systematic understanding is needed. Feeding rehabilitation specialists, such as occupational therapists, should provide appropriate evaluation and intervention.

A Clinical Study on the Relationship between Dental Implant and Systemic Disease (치과 임플란트와 전신질환과의 연관성에 관한 임상적 고찰)

  • Yang-Keum Han;Mi-Sook Yoon;Han-Hong Kim
    • Journal of Korean Dental Hygiene Science
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    • v.6 no.2
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    • pp.25-35
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    • 2023
  • Background: In order to emphasize the importance of clinical dental hygienists-led dental hygiene management processes for those with systemic diseases, we tried to identify systemic diseases affecting dental implants based on clinical data. Methods: In order to identify systemic diseases affecting dental implants, literature review was conducted from March 1 to May 31, 2023, and the search period was for research papers published in domestic and foreign academic journals from January 2000 to December 2020. Domestic databases used for search use RISS, Nuri Media(DBpia), and Korea Academic Information (http://www.papersearch.net ; KISS), while overseas databases searched Pubmed for dental implant failures, implants, systemic diseases, and Dental implant and system disease. Results: The cumulative survival rate of implants averaged 94.3 percent and the failure rate was 5.7 percent. Clinical analysis of systemic diseases related to implants accounted for the highest frequency with 13 (100.0%), followed by 8 (61.5%) studies on high blood pressure and smoking, 7 (53.8%) cardiovascular diseases, and 5 (38.5%). In addition, liver disease, thyroid abnormalities, blood abnormalities, organ transplants and infectious diseases were confirmed. Conclusion: Since unregulated systemic diseases are a risk factor for implant failure, clinical dental hygienists should continue to maintain healthy oral conditions by sharing information with patients during periodic preventive dental hygiene management processes such as dental hygiene assessment.

The effect of managerial ability on short-term or long-term firm performance in Chaebol (재벌기업에서 경영자능력이 장·단기 기업성과에 미치는 영향)

  • Kang, Sun-A;Kim, Yong-Shik
    • Management & Information Systems Review
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    • v.36 no.1
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    • pp.233-249
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    • 2017
  • This study investigates the relation of managerial ability and firm performance in case of Chaebol in Korea. We employ non-financing firms at Korean markets for the period 2000-2015. Most important decision is made by the head of Chaebol which increases firm value eventually and he has such a strong dominant power that managers belongs to Chaebol have to follow mother firm's decision directions. So it is expected that managers belongs to Chaebol have to focus on long term performance rather than short term profits, which means they concentrate their managerial ability much on the firm value. Otherwise, managers in which non-Chaebol focus their ability on periodic accounting earnings. Thus, this study examines an empirical analysis on the relation of managerial ability and firm performance and the effect of Chaebol on the relation of managerial ability and firm performance. Empirical results are as follows: First, there exists a statistically significant positive relation between managerial ability and firm performance either short- or long-term. Second, we extend this relationship into Chaebol condition and find that managerial ability of Chaebol positively influences on the firm value which is long-term performance, rather than return on assets which is short-term performance. These results imply that managers belongs to Chaebol much concentrate their ability on long-term value which is differenciated from the case of non-Chaebol samples. Chaebol is an important issue in Korea because it dominates most of Korean local economy so its' impact from small changes on our economy is big enough. Our study examining the relationships between managerial ability of Chaebol and firm performance is meaningful and it is a good signal that they concentrate their ability much on the long-term value rather than short-term profits. We expect that the results of this study will provide the academic and practical references. This study will contribute to the future research in accounting through an analysis of managerial ability which is a new measure, Chaebol, and firm value.

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Geographic Conditions and Garden Designs of Byeol-seo Scenic Site of Gimcheon Bangcho-Pavilion and Mrs Choi's Pond (별서 명승 김천 방초정(芳草亭)과 최씨담(崔氏潭)의 입지 및 조영 특성)

  • Rho, Jae-Hyun;Lee, Hyun-Woo
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.34 no.1
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    • pp.71-82
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    • 2016
  • Through literature review and on-site survey of Gimcheon Bangcho pavilion(芳草亭), the features of garden design(庭園意匠) including geographic conditions, landscape modeling of Nujeong(樓亭) and Jidang(池塘, Pond), and scenic interpretations in Nujeong Jeiyoung poetry(樓亭題詠詩) have been carefully researched and the findings are presented below. Bangcho pavilion is located in a village called Wonteomaeul, which belongs to the feng shui state of golden hairpin and floating lotus. It has long been the cultural hub of communication and social interactions among the villagers. The Head House of Jeongyanggong(靖襄公宗宅), the main house(本第) of the Yeonan Yi Clan(延安李氏), is about 150m away from Bangcho pavilion, an artistic space whose landscape modeling is of the form called Nujeong. The name 'Bangcho' reflects the noble man(君子)'s determination: "I yearn for the place where honey parrots fly and the fragrant grass grow." From the two story structure of the pavilion where there is an additional floor installed to the central ondol room by a four-sided subdivision door, one can detect the aspiration of the men for pursuing an open view. One can also observe the efforts in designing the room to be used for multiple purposes from a private place to an office for periodic publication of a family lineage document called "Garyejunghae(家禮增解)". Bangcho pavilion's main sight of interest is Mrs Choi's Pond(崔氏潭), the one and only garden structure that comprises the twin round island of square pond(方池雙圓島) among the existing Jidangs in Korea. In this special Jidang, there are two coexisting islands that represent a well thought out garden facility for symbolizing conjugal affection and unyielding fidelity between master and servent(主從). In addition, the three inflows and one outflow facing the Ramcheon valley is regarded as an ideal garden design optimized for performing the function of a village bangjuk which is the site for undercurrent creation and ecological reprocessing. At present, Giant pussy willow is the only circular vegetation identified in the area of Bangcho pavilion, although this plant species is about to wither away judging from the signs of decrepitude that seems to persist for two out of three weeks. The old pine tree that appears in the 1872 Jeiyoung poetry of Byeongseon Song(宋秉璿) no longer exists. Anjae(安齋) Jang Yoo(張瑠)'s "Eight Scenary on Bangcho pavilion(芳草亭八詠)" and its expansive reproduction "Ten Scenary on Bangcho pavilion(芳草亭十景)" from Gwagang(守岡) Lee Manyoung(李晩永) depict vividly the pastoric scenery of an idyll(田園景) that stretches throughout the natural and cultural landscape of the province of Gimcheon and Guseong surrounding the Bangcho pavilion. The Bangcho pavilion sutra aims to establish Bangcho pavilion and the village of Wonteomaeul as the centre of microcosmos by dividing and allocating its scenic features according to the four seasons and times(四季四時), the eight courses(八方) and the meteorological phenomena, and it is the incarnation(顯現) of landscape perception upon the Byeol-seo Scenic site of Bangcho pavilion, the cultural hub of the region.

Fifty years of economic geography in Korea:research trends and issues (한국경제지리학 반세기:연구성과와 과제)

  • ;Park, Sam Ock
    • Journal of the Korean Geographical Society
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    • v.31 no.2
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    • pp.160-197
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    • 1996
  • The purpose of this study is to review research trends and issues of economic geography in Korea for the last fifty years by sub-fields of agricultural geography, industrial geography, commercial and service geography, and transportation geography. Research in Korean economic geography has progressed significantly in terms of the scope and the number of papers published during the last a half a century. Agricultural geography was a leading field of economic geography in Korea before mid-1970s. Since the mid-1970s, however, agricultural geography has turned over the leading role in economic geography to industrial geography. Classification and structure of agricultural region has been the most popular research theme in Korea, even though diverse topics has been dealt in the research of agricultulal geography in Korea during the last fifty years. In recent years, emphasis is given to study on the dynamics of agricultural region and regional differentiation of part-time farming. It is suggested that the future issues of research in agricultural geography in Korea are agricultural restructuring and changes in agricultural space under the WTO system, changes in rural area and agricultural region with the progress of informatization, changes in agricultural structures and rural society by the increase of part-time farming, governments agricultulal policy and its impacts, competitive advantages of Korean agricultulal products, and environmental impacts of agricultural restructuring. Research in industrial geography has remarkably progressed since the 1980s. Locational changes, regional industrial structure and formation of industrial region were the major topics of interest in the research of industrial geography in Korea before 1980. Since the early 1980s, in addition to the topics which were interested in before 1980, changes of industrial organization and industrial location, changes of production systems and industrial space development of high technology industries and science parks, industrial restructuring and regional economy, foreign direct investments, industrial linkages and industrial districts, and industrial policy and regional development have been the major research themes of industrial geography in Korea. Considerable number of papers has been published both in Korean journals and in foreign journals during this period. Considering global changes in the organization of industrial space, future research should be more focused on firms strategy for regaining competitive advantages, local and global perspectives of industry, industry and environmental changes, in addition to the topics which have been dealt in recent years. Research in commercial and service geography and transportation geography was negligible in Korea before the late 1970s. These two sub-fields in economic geography have begun to develop since 1980s. Periodic markets, structure of commercial area, and distribution of products were the major topics of interest in the 1980s in the commercial and service geography in Korea. In the 1990s, however reserch in producer services has been active with growth of producer services in Korean economy. It is suggested that regional changes with progress of informatization and technology, changes of international trade and regional changes, development of efficient distribution system, role of producer services in regional development, and network of producer services are the major issues to be studied in the future in the field of commercial and service geography in Korea. Commuting, distribution of products, and transportation networks have been the major topics of research in transportation geography in Korea. Diverse quantitative techniques have been applied in the most of the researches in transportation geography. It is required that future studies in transportation geography should also focus on societal and behavioral issues, policy issues regional impacts of new transportation facilities, an analysis of transportation system at the global or international level. Since the 1980s economic geography in Korea has considerably progressed with publication of papers and books. The progress can be regarded as successful in quantitative aspect, but not in quantitative aspects. For the development of Korean economic geography in both quantitative and qualitative aspects, it is necessary to promote international collaborative researches and interdisciplinary cooperations. Attention should also be given to the research on changes in competitive advantages and economic restructuring, changes of economic space with the development of high technology and the progress of informatization. economic development and culture. and foreign regional studies.

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Delayed Diagnosis of Primary Lung Cancer (원발성 폐암의 지연진단에 관한 임상적 고찰)

  • Kim, Sun-Young;Cho, Hae-Jeong;Kim, Geun-Hwa;Ko, Dong-Seok;Suh, Jae-Chul;Shin, Kyoung-Sang;Jeong, Seong-Su;Kim, Ju-Ock
    • Tuberculosis and Respiratory Diseases
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    • v.45 no.4
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    • pp.754-759
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    • 1998
  • Background : Lung cancer is an important public health problem because of rapidly increasing malignancy in both sexes in relation with high smoking rate in Korea. Despite advances in therapeutic modalities and supportive cares, 5-year survival rate has improved only marginally during the past 2 decades. Therefore, the early detection of lung cancer is strongly needed for better prognosis and we conducted this study to review the clinical factors resulting in delayed diagnosis of lung cancer. Method: The clinical data such as presenting symptoms, duration for diagnosis, disease entities causing misdiagnosis or delayed diagnosis, were analyzed retrospectively in 154 patients with primary lung cancer diagnosed at Chungnam National university hospital from January to December in 1995. Results : 63 patients(40.9%) out of 154 patients were delayed diagnosed with the duration of 6.3 months compared with 3.6 months in patients diagnosed without delay. In delayed diagnosed group, Cough & sputum and dyspnea as presenting symptom were more critical than hemoptysis and chest pain, and doctor's delay was more critical than patient's delay. Tuberculosis(30/63) was most frequent disease entity causing delayed diagnosis, followed by pneumorua(9/63), COPD(6/63), heart diseases(5/63), etc.. Conclusion: It should be emphasized that any respiratory symptom be checked with chest X-ray to differentiate lung cancer and periodic check of chest X-ray be also needed for the longterm patients with any disease, especially with high risk group.

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The Effect of K-IFRS Adoption on Goodwill Impariment Timeliness (K-IFRS 도입이 영업권손상차손 인식의 적시성에 미친 영향)

  • Baek, Jeong-Han;Choi, Jong-Seo
    • Management & Information Systems Review
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    • v.35 no.1
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    • pp.51-68
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    • 2016
  • In this paper, we aim to analyze the effect of accounting policy change subsequent to the adoption of K-IFRS in Korea, whereby the firms are required to recognize impairment losses on goodwill on a periodic basis rather than to amortize over a specific period. As a principle-based accounting standard, the K-IFRS expands the scope of fair value measurement with a view to enhance the relevance and timeliness of accounting information. In the same vein, intangibles with indefinite useful life, of which goodwill is an example, are subject to regulatory impairment tests at least once a year. Related literature on the impact of mandatory change in goodwill policy document that impairment recognition is more likely to be practiced opportunistically, mainly because managers have a greater discretion to conduct the tests under K-IFRS. However, existing literature examined the frequency and/or magnitude of the goodwill impairment before versus after the K-IFRS adoption, failing to notice the impairment symptoms at individual firm level. Borrowing the definition of impairment symptoms suggested by Ramanna and Watts(2012), this study performs a series of tests to determine whether the goodwill impairment recognition achieves the goal of communicating timelier information under the K-IFRS regime. Using 947 firm-year observations from domestic companies listed in KRX and KOSDAQ markets from 2008 to 2011, we document overall delays in recognizing impairment losses on goodwill after the adoption of K-IFRS relative to prior period, based on logistic and OLS regression analyses. The results are qualitatively similar in robustness tests, which use alternative proxy for goodwill impairment symptom. Afore-mentioned results indicate that managers are likely to take advantage of the increased discretion to recognize the impairment losses on goodwill rather than to provide timelier information on impairment, inconsistent with the goal of regulatory authority, which is in line with the improvement of timeliness and relevance of accounting information in conjunction with the full implementation of K-IFRS. This study contributes to the extant literature on goodwill impairment from a methodological viewpoint. We believe that the method employed in this paper potentially diminishes the bias inherent in researches relying on ex post impairment recognition, by conducting tests based on ex ante impairment symptoms, which allows direct examination of the timeliness changes between before and after K-IFRS adoption.

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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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