• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.193-222
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• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

• Journal of the Korean Society for Marine Environment & Energy
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• v.13 no.1
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• pp.53-59
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• 2010

The spatial variability in the food chain structure of an estuarine environment(Nanakita estuarine, Japan) was investigated using stable carbon and nitrogen isotope. Potential organic matter sources(TP:Terrstrial Plant, MPOM:Marine particulate organic matter, BMA:Benthic microalgae, EPOM:Estuarine particulate organic matter), sedimentary organic matter and benthic invertebrates(Nuttallia olivacea and Nereidae) were sampled at four locations with different tidal flat types(e.g. sanddy, sanddy-muddy and muddy). The main objective of the present study was to determine food sources of Nuttallia olivacea and Nereidae along with small-scale spatial variability within the community of benthic invertebrates. TP(${\delta}^{13}C=-26.6{\pm}0.76$ and ${\delta}^{15}N=2.7{\pm}0.31$) and EPOM(${\delta}^{13}C=-25.5{\pm}0.13$ and ${\delta}^{15}N=5.2{\pm}0.46$) were isotopically distinct from BMA(${\delta}^{13}C=-16.3$ and ${\delta}^{15}N=6.2$) and MPOM(${\delta}^{13}C=-19.6{\pm}0.08$ and ${\delta}^{15}N=8.9{\pm}1.70$). ${\delta}^{13}C$ values of sedimentary organic matter showed a distinct gradient in the range of -27.4 to -22.8‰ with a declining trend from the upstream to the downstream stations. The stable carbon and nitrogen isotope values of benthic invertebrates in the study site was -22.8 to -18.4‰ for ${\delta}^{16}C$ and 8.1 to 11.9‰ or ${\delta}^{15}N$, respectively. Mixing model(Isosource) calculations based on stable isotope measurements showed that benthic invertebrates of Nuttallia olivacea and Nereidae were found to be dominated by MPOM and BMA in stations. Whereas, TP and EPOM showed little influence to benthic invertebrates. The current result suggests that the different contribution for benthic invertebrates should be affected by both seasonal variation and physical factor among stations.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.28 no.2
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• pp.75-85
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• 2010

The purpose of this study is to attempt new analysis on Soswaewon Garden(瀟灑園) where is Korea's traditional garden, focusing on which the tendency of its change is a relational-formation tool similar to the Eastern Mode of Thought, with paying attention to conversion as the new view of world. Accordingly, the aim is to reanalyze by connecting with Soswaewon Garden based on the theory of complexity, which tries to look at the whole through relationship rather than characteristics in individual components. Given summarizing findings, those are as follows. First, it was found that complexity shown in space and open system of physical dimension was characterized by 'event(situation)', 'non-determination' and 'homogeneous relationships between part and whole', and a variety of techniques introduced the nature positively. In particular, it was found that there were many cases of topographic usage, since the Soswaewon Garden selected its construction site proactively and was a product from architectural works in compliance with a given flow of natural topography. This has a nature of open text in the situation of emergent behaviors. Second, it was found that complexity shown in experiences and open system on the invisible dimension was characterized primarily by 'event(situation)' and 'relationships of interactive response between actors and environment', and various techniques appeared as a space for interactive combination of nature and daily experiences. This is typical of bilateral harmony based on interactions between subject and object, and between mankind and nature, and becomes also a space to accommodate temporary emergent behaviors in our life. Third, the compositional elements are reconstituted as space of organic property with dismantling steady relations. Especially, 'Soswaewon Garden's 48 poems(瀟灑園四十八詠)' will be the origin of the emotionally spatial experience to the current performers. Ultimately, the performer in the space of Soswaewon Garden simultaneously becomes a creator of space, and will generate new space with intertextuality with environment. Therefore, Soswaewon Garden becomes a place of binding me and the other together while maintaining mutual relationship based on organic thinking between a human being and nature and between the whole and a part.

• Korean Journal of Fisheries and Aquatic Sciences
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• v.32 no.6
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• pp.737-747
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• 1999

To estimate biomass and distribution of the Antarctic krill (Euphausia superba), hydroacoustic survey was conducted on board of R/V Yuzhmorgeologiya, which was chartered by Korea Antarctic Research Program (KARP) group from 18 to 21 December 1998, in the northern part of the South Shetland Islands, Antarctic Ocean, The scientific echo sounder (towing body type) used was EK- 500 (SIMRAD, Norway) with echo integrator (BI-500) at 38 kHz frequency and recorded mean backscattering cross-section coefficient (SA) per 1 $mile^2$ of sea surface. Also, Bongo net sampling was carried out to determine the size of krill and CTD (Conductivity, Temperature and Depth) casting to understand physical structure. Water column was divided into 5 layers (22$\~$65 m, 65$\~$115 m, l15$\~$65 m, 165$\~$215 m and 215$\~$315 m) to know vertical distribution of krill biomass. The standard length of krill collected was between 30 mm and 51 mm, and adult krill had single mode (41 mm). Maximum horizontal length of krill patch was about 35 nautical mile and vertical thickness was about 275 m. High density of krill was appeared in frontal area between Circumpolar Deep Water (>$1^{\circ}C$) and very low temperature water mass (< $-0.5^{\circ}C$) that originate from Weddell Sea. According to the results calculated using target strength equation, krill density was totally higher in continental slope and open water areas than in coastal area. In the study area, krill seems to distribute in depth; density was low at first layer ($\={\rho}=17.0\;g/m^2$) and higher at fourth layer ($\={\rho}=40.19\;g/m^2$). The estimated krill biomass at total survey area and water column was about 2.77 million metric ion ($\={\rho}=151.0\;g/m^2$) and coefficient of valiance ( CV, $\%$) was 19.92. The proportions and biomass of krill biomass at each layer were as follows; layer 1 ($11.3\%$, 0.31 million metric ton, CV=16.24), layer 2 ($13.3\%$, 0.37 million metric ton, CV=34.91), layer 3 ($23.7\%$, 0.66 million metric ton, CV=41.5), layer 4 ($26.6\%$, 0.74 million metric ton, CV=27.84) and layer 5 ($25\%$, 0.69 million metric ton, CV= 26.83).

• Tuberculosis and Respiratory Diseases
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• v.49 no.5
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• pp.624-632
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• 2000

Background : Home ventilation can decrease hospital-acquired infection, increase physical activity, improve nutritional status, enhance quality of life, and reduce medical costs. The number of patient using home ventilators has been increasing, particularly in Europe and United States. Although the number of patients with home ventilation has been increasing in Korea, the current status of these patients is not well known. This study was undertaken to obtain basic information upon these patients in addition to evaluating any problems related to patients' home care in our country. Methods : A register of 92 patients with home ventilators in Seoul and Kyunggi Province were obtained from commercial ventilator supply companies. The patients were contacted by phone and 29 of them accepted our visit. Information concerning education about home care before discharge, equipment cost, and problems related to home care were documented. The mode and preset variables of the home ventilator were checked; tidal volume (TV), peak airway pressure, and oxygen saturation were measured. Results : There were 26 males (90%) and their mean age was 48.0 (${\pm}20.1$) years. The underlying diseases were : 21 neuromuscular disorders, 2 spinal cord injuries, 6 chronic lung diseases. Among the caregivers, spouses (n=14) predominated. Education for home care before discharge was performed primarily by intensive care unit nurses and the education for ventilator management by commercial companies. Twenty-five of the 29 patients had tracheostomies. Volume targeted type (VTT ; n=20, 69%) was more frequently used than the pressure targeted type (PTT). Twenty-three of the 29 patients purchased a ventilator privately, which cost 7,450,000 (${\pm}$3,290,000) won for a PTT, and 14,280.000 (${\pm}$3,130,000) won for a VTT. Total cost for the equipment was 11,430,000 (${\pm}$634,000) won. The average cost required for home care per month was 1,120,000 (${\pm}$1,360, 000) won. Conclusion : The commonest underlying disease of the patients was neuromuscular disease. The VTT ventilator was primarily used with tracheostomy. Patients and their families considered the financial difficulties associated with purchasing and maintaining equipment for home care an urgent problem. Some patients were aided by a visiting nurse, however most patients were neglected and left without professional medical supervision.