• Title/Summary/Keyword: Possession state

Search Result 41, Processing Time 0.027 seconds

Measurement of Crack Depth and Weathering Degree Using Ultrasonic Velocity and Deterioration Evaluation of the Unhyungung Stone Water Container (운현궁수조의 손상평가와 초음파 속도를 이용한 풍화도 및 균열심도 측정)

  • Chun, Yu-Gun;Lee, Chan-Hee;Jo, Seung-Nam;Jo, Yeong-Hoon;Park, Gi-Jung;Yang, Pil-Seung
    • Journal of Conservation Science
    • /
    • v.24
    • /
    • pp.1-11
    • /
    • 2008
  • The Unhyungung Water Container in the possession of the Seoul Museum of History in Korea is consisted of a calcareous marble developed laminated bedding and numerous argillaceous veinlets. This monument should need to conservation treatment because of black discoloration and seriously numerous cracks. Vertical and horizontal cracks in the monument are developed following stratification and argillaceous veinlets that are relatively low coherence between the rock materials. We have proved that the material inducing discoloration on the surface is carbon which is formed by deposited organic matters. As the result of the ultrasonic measurements, although highly surface weathering degree, the physical properties of the Unhyungung Water Container is confirmed slightly weathered state. The depths of cracks in the monument are calculated at maximum 60mm in some cracks completely penetrating into the wall and at minimum 9mm in the other crack. The cracks, developed following veinlet, are revealed that there penetrate from an outer wall to an inside wall for the monument. And most depths of cracks, developed following stratification, are calculated 20 to 30mm. This result will offer a significant data for conservation of the Unhyungung Water Container.

  • PDF

Trends and Issues of Tibetan History in Taiwan (대만의 티베트사(史) 연구 동향과 쟁점)

  • Sim, HyukJoo
    • 동북아역사논총
    • /
    • no.60
    • /
    • pp.196-227
    • /
    • 2018
  • The issues of this study are as follows. First, I will examine the overall situation and transition trends of Tibetan research in Taiwan since the modern period, and examine the development and trends of Tibetan history research in Taiwan. Secondly, in order to satisfy the above, we will analyze trends of Taiwan's major Tibetan research institutes and scholars, and trace their trends and their trajectories. Third, the trend of Tibetan research in Taiwan may be a useful indicator for us to analyze research methods and trends of Taiwanese scholars. If there is a flow of features and transitions, the text will explore the reason. Fourth, one of the implications of this study is that it can trigger an understanding of locality in the structure of the central region, the Han Chinese minority, and the possession and distribution of academic reasoning. In other words, it should be noted that even though the same Tibetan research is conducted, China is in the position of the vested right to distribute 226 | 동북아역사논총 60호the central or ownership, while Taiwan has historical and territorial characteristics that deviate from such a gaze and attitude. Taiwan may be sensitive to the vertical concept understood as a change in the relationship between the state and the center, or whether it is applicable to Tibetan research. If there is such an academic climate, I would like to consider suggestions for us. This may provide a direction to view the academic issues of a few scholars, or even the domestic academic world as an independent object of more specific academic research.

Pedagogical Conditions for Formation of Design Competence of Qualified Workers with the Use of Information Technologies

  • Slipchyshyn, Lidiia;Honcharuk, Oksana;Anikina, Inessa;Yakymenko, Polina;Breslavska, Hanna;Yakymenko, Svitlana;Opria, Ihor
    • International Journal of Computer Science & Network Security
    • /
    • v.22 no.5
    • /
    • pp.79-88
    • /
    • 2022
  • Modern production requires production staff who have design competence, experience and skills to work in various types of work integrated into professional activities. Possession of digital design methods significantly expands the opportunities for professional activities of qualified workers. The purpose of our study was to study the impact of pedagogical conditions on the formation of design competence of future qualified workers in a group work. We have identified a set of pedagogical conditions that promote the development of professionally oriented artistic and technical creativity of workers in the conditions of curricular and extracurricular activities, which include motivational-target, procedural-semantic, organizational-technological, and subject-oriented. It is shown that the formation of design competence is determined by motivational, informational-active and reflection criteria, which are aimed at motivational-value, cognitive, operational-active, creative, social and emotional components of this competence. The methodology of the research is highlighted, which includes the use of the following methods: determination of the personality's motivational sphere in order to identify strong and weak motives of students activity; multiple intelligence to identify students talents in the direction of practical intelligence, which is important for design competence; determining the level of creative activity to identify manifestations of students creative abilities; identifying the type of students innovative thinking in order to develop motivation for success; factor-criterion model, developed on the basis of a qualimetric approach, which is used to identify the level of design competence formation in accordance with its components. The results of the study showed that the creation of separate pedagogical conditions in the institution of vocational education and training (VET) had a positive impact on the development of design competence, which shows the potential of artistic and technical design in the development of professional creativity of future qualified workers taking into account the environmental approach.

Solar and Interplanetary Observations and Models in Korea (국내 우주환경 자료 보유 현황: 태양·행성간 공간)

  • Oh, Suyeon;Lee, Jin-Yi;Division of Solar and Space Environment of KSSS,
    • Journal of Space Technology and Applications
    • /
    • v.1 no.2
    • /
    • pp.160-177
    • /
    • 2021
  • The Solar and Space Environment Division of the Korean Space Science Society investigated the use and possession of ground and satellite observations and models of solar and planetary data operated by domestic research institutes and universities. Based on the findings, we would like to introduce observational instruments, data, and models in solar and interplanetary fields in this paper to improve understanding and use of each data and explore opportunities for interdisciplinary research. The ground and satellite observations, which require a lot of investment, were mainly held by research institutes (National Meteorological Satellite Center, Polar Research Institute, Korean Space Weather, Korea Astronomy and Space Science Institute and KAIST Satellite Research Institute), and model development was overwhelmingly carried out at Kyung Hee University. In solar and interplanetary fields, we introduce Fast Imaging Solar Spectrograph (FISS), neutron monitors, and the analysis models [for the Solar Dynamics Observatory/Atmospheric Imaging Assembly (SDO/AIA) and Hinode/X-Ray Telescope (XRT) observations] in nonequilibrium ionization state as representatives. Survey on solar and interplanetary fields can be downloaded from the website of the Korean Space Science Society (http://ksss.or.kr/). The paper makes know the importance of long-term and continuous management of space science-related materials, and hopes to contribute to enhancing the status of domestic space science data by utilizing locally produced data by various personnel participating in space science research.

Conservation Treatment and Scientific Investigation of Daehye Bogakseonsaseo (Letters of Master Bogak) in the Goryeo Dynasty (고려시대 대혜보각선사서의 보존처리 및 과학적 조사)

  • Jang Yeonhee
    • Conservation Science in Museum
    • /
    • v.29
    • /
    • pp.47-64
    • /
    • 2023
  • Daehye Bogakseonsaseo (Letters of Master Bogak) in the possession of the National Museum of Korea is a Goryeo-era book produced in 1387, which was acquired in 2005 in a state of severe general damage. Subsequently, its production techniques and materials were examined using bibliographical characteristics and scientific analysis, based on which an overall conservation treatment was carried out. Janghwang(mounting) in bibliographical characteristics is a five-hole-stitch binding (五針眼線裝本), a single-lined rectangular box (四周單邊), and no column lines. The conservation treatment was examined in two aspects: the basic form and the conservation treatment process. The book is composed of the outer cover, original cover, end paper, and inner paper of 0.04-0.07mm thick, which is significantly thinner than general book paper. The conservation treatment was applied after the entire book was disassembled, based on the assessment that both the cover and the inner sheets of paper were in a dire condition due to deterioration. The conservation treatment comprised of the process of disassembly, cleaning, reinforcement of defective parts, scanning, and binding, with a paulownia box made for its storage. At the time of disassembly, samples were made for the inner sheets and the book string in order to conduct fiber identification. The fibers were identified using Safranin and C-stains. Safranin staining identified a thick fiber wall, in addition to cross-marking, dislocation, and transparent membranes. C-stain staining identified the fiber as mulberry, given the dark red residue. The book strap has a flat, circular cross-section, and was identified as cotton fiber, since a lumen was observed in the center.

Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects (최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로-)

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.5
    • /
    • pp.53-75
    • /
    • 1993
  • This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

  • PDF

A Survey on the Actual State of Laboratory Facilities and Equipments at Nursing Schools (간호교육기관의 실험실습설비 보유실태 조사)

  • Lim, N.Y.;Lee, S.O.;Suh, M.J.;Kim, H.S.;Kim, M.S.;Oh, K.O.
    • The Korean Nurse
    • /
    • v.36 no.1
    • /
    • pp.108-117
    • /
    • 1997
  • This study was carried out to examine the standards for evaluation of laboratory facilities and equipment. These constitute the most important yet vulnerable area of our system of higher education among the six school evaluation categories provided by the Korean Council for University Education. To obtain data on the present situation of holdings and management of laboratory facilities and equipment at nursing schools in Korea, questionnaires were prepared by members of a special committee of the Korea Nursing Education Society on the basis of the Standards for University Laboratory Facilities and Equipment issued by the Ministry of Education. The questionnaires were sent to nursing schools across the nation by mail on October 4, 1995. 39 institutions completed and returned the questionnaires by mail by December 31 of the same year. The results of the analysis of the survey were as follows: 1. The Physical Environment of Laboratories According to the results of investigation of 14 nursing departments at four-year colleges, laboratories vary in size ranging from 24 to 274.91 pyeong ($1{\;}pyeong{\;}={\;}3.3m^2).$. The average number of students in a laboratory class was 46.93 at four-year colleges, while the number ranged from 40 to 240 in junior colleges. The average floor space of laboratories at junior colleges, however, was almost the same as those, of laboratories at four-year colleges. 2. The Actual State of Laboratory Facilities and Equipment Laboratory equipment possessed by nursing schools at colleges and universities showed a very wide distribution by type, but most of it does not meet government standards according to applicable regulations while some types of equipment are in excess supply. The same is true of junior colleges. where laboratory equipment should meet a different set of government standards specifically established for junior colleges. Closer investigation is called for with regard to those types of equipment which are in short supply in more than 80 percent of colleges and universities. As for the types of equipment in excess supply, investigation should be carried out to determine whether they are really needed in large quantities or should be installed. In many cases, it would appear that unnecessary equipment is procured, even if it is already obsolete, merely for the sake of holding a seemingly impressive armamentarium. 3. Basic Science Laboratory Equipment Among the 39 institutions, five four-year colleges were found to possess equipment for basic science. Only one type of essential equipment, tele-thermometers, and only two types of recommended equipment, rotators and dip chambers, were installed in sufficient numbers to meet the standards. All junior colleges failed to meet the standards in all of equipment categories. Overall, nursing schools at all of the various institutions were found to be below per in terms of laboratory equipment. 4. Required Equipment In response to the question concerning which type of equipment was most needed and not currently in possession, cardiopulmonary resuscitation (CPR) machines and electrocardiogram (ECG) monitors topped the list with four respondents each, followed by measuring equipment. 5. Management of Laboratory Equipment According to the survey, the professors in charge of clinical training and teaching assistants are responsible for management of the laboratory at nursing schools at all colleges and universities, whereas the chief of the general affairs section or chairman of the nursing department manages the laboratory at junior colleges. This suggests that the administrative systems are more or less different. According to the above results, laboratory training could be defined as a process by which nursing students pick up many of the nursing skills necessary to become fully qualified nurses. Laboratory training should therefore be carefully planned to provide students with high levels of hands-on experience so that they can effectively handle problems and emergencies in actual situations. All nursing students should therefore be thoroughly drilled and given as much on-the-job experience as possible. In this regard, there is clearly a need to update the equipment criteria as demanded by society's present situation rather than just filling laboratory equipment quotas according to the current criteria.

  • PDF

PASKYULA's Theory of Art (파스큐라의 미술론)

  • Jung, Ju-Young
    • The Journal of Art Theory & Practice
    • /
    • no.5
    • /
    • pp.43-80
    • /
    • 2007
  • PASKYULA was formed in September, 1923 through the union of artists involved in two art groups: Kim Ki-Jin, Kim Bok-Jin, Yeon Hak-Nyeon who had previously participated in the ToWolHoi, and Park Young-Hi, Lee Sang-Hwa, An Seok-Ju, former members of the BaeckJo. After its founding, the PASKYULA artists had been searching for the social function of art to reform the harsh reality of Minjung and the nation with criticism toward society as well as art world. Their art theory for MinJung could grow relatively ease in relation to changing social and political conditions in the early 1920s. In August, 1925, PASKYULA organized the Korea Artista Proletaria Federatio with the YeomGunSa, and laid the groundwork for Proletariat art movement which was regularized in the late 1920s. From PASKYULA up to the early state of KAPF, the theory of art advocated by Kim Bok-Jin and An Seok-Ju could be summarized as "art for MinJung". At that time, widely ranging discourses on MinJung, however, was spawned in art theory, because many intellectuals-including artists and writers-begun to pay more attention to MinJung, who emerged as one of the social forces after the Samil Independent Movement. Sometimes, MinJung was construed as the target of enlightenment from a negative viewpoint. On the other hand, several intellectuals under the influence of individualism asserted that the discussion itself on MinJung exerted an evil influence on art. In contrast of these cases, the PASKYULA artists including Kim Bok-Jin, An Seok-Ju perceived that MinJung had the potential to change society, and regarded them as "a creator of genuine civilization and art". In the PASKYULA artist's writings, the concept of MinJung was often overlapped with the meaning of the Choson nation suffering under colony. Although their concept of MinJung was transformed gradually into the proletariat as they were under the strong influence of socialism, it did not change that they grasped the realities of the whole Choson Peninsula through the proletarian consciousness. In the early state of PASKYULA, the methodology for social function of art was presented in a twofold manner. First of all, Kim Bok-Jin emphasized on the necessity of education to improve MinJung's way of life through art, and it was embodied by the organization of ToWol Art Workshop and public lecture. Also, he championed "the popularization of art", which was one of methods to distribute art to MinJung. According to the PASKYULA artists, art should be not art for art' sake but art for MinJung. That was why they advocated the convergence of art and MinJung's life. Especially Kim Bok-Jin affirmed a link between art and industry because he considered industry the field inextricably linked with MinJung's life. In this context, his idea could be read as the generalization and equalization within the framework of possession. Kim Bok-Jin thought that the social ramifications of capitalism deprived MinJung of their right to enjoy art, and emphasized the artist' social role to return the right to them. That is, the even distribution of art was mainly discussed than the contents of art in the half of 1920s. By 1925, the contents of art itself became an issue in the PASKYULA art theory, and it was based in realism. Kim Bok-Jin and An Seok-Ju insisted that art should be reflection of real life. At that time, realism acquired the representation of MinJung and the nation's realities not realistic style. In fact, the various Western art styles including Futurism, Constructivism, Cubism etc. were exploited in the PASKYULA's visual images. Western art, target of criticism on theory, was selectively adopted in the works which were produced by Kim Bok-Jin and An Seok-Ju. Kim Bok-Jin's MoonYeUnDong cover design was conceived of as the example in which Western art was adopted with it's ideology under the influence of MAVO, while Western art shown in An Seok-Ju's illustrations served as a decorative function in many cases. Especially, An Seok-Ju attempted the various styles of Western art simultaneously, which may be seen as representing that PASKYULA did not have a firm ideology for their style. Also, it can be read as showing his hasty zeal to overcome Western art rapidly. The wish to establish "art for MinJung" as soon as possible was accompanied with the will to jump over the all steps of Western art though it was superficial. This aspiration of PASKYULA was expressed through the mass media, which had the potential for communicating to MinJung. At this point, there was a significant disparity between PASKYULA and another art groups in the first half of 1920s. However, the PASKYULA's method on the basis of the mass media could not but have a certain limitation because of the medium's properties. Nevertheless, PASKYULA' attempts may be considered to be valuable in sense that they expended the boundaries of Korean modern art into the commercial art questioning the matter of the distribution for art.

  • PDF

An Legal-doctrine Investigation into the Application of ADR to Administrative Cases (행정사건에 대한 ADR의 적용에 관한 법이론적 고찰)

  • 이용우
    • Journal of Arbitration Studies
    • /
    • v.13 no.2
    • /
    • pp.459-488
    • /
    • 2004
  • General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

  • PDF

"Liability of Air Carriers for Injuries Resulting from International Aviation Terrorism" (국제항공(國際航空)테러리즘으로 인한 여객손해(旅客損害)에 대한 운송인(運送人)의 책임(責任))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.1
    • /
    • pp.47-85
    • /
    • 1989
  • The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

  • PDF