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The Study on U.S. GARA and Aircraft Products Liability (일반항공에서의 제조물책임에 관한 연구 - 미국 일반항공진흥법(GARA)을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.55-86
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    • 2014
  • The U.S. General Aviation Revitalization Act of 1994 (the "GARA") created a statute of repose that bars any claims arising from an aviation product or component more than 18 years after its date of delivery. The statute was enacted to protect general aviation aircraft manufacturers from the excessive product liability costs. The GARA included four exceptions: (a) medical emergency patients, (b) those not on the aircraft, (c) those based on written warranties, and (d) those causally related to a "knowing misrepresentation" made by the manufacturer to the FAA. The GARA also incorporates a provision for revised starting point of reckoning to which any repairs or replacements of an aviation product. This note aimed to discuss General Aviation and GARA in depth including the meaning of statue of repose, its exceptions. The various precedents about GARA were also reviewed in here as well. From the GARA, as a comparative legal issue in aviation product liability, there can be some suggestions for revision of Korean Products Liability Act. First, it seems to be reasonable to regulate the specific statute of repose provisions for various category of products. In GARA, the period of 18 years is reasonable concerning to the average aircraft life. Second, in order to avoid exhausting debate and for the judicial economy, it needs to clarify when the statute begins to run. GARA's 18 year limitation period begins to run on the different date whether it was delivered to its first purchaser or a person engaged in the business of selling the aircraft. Last but not least, proper exceptions should be added into the law for equity matter of the statute of repose does not apply. For example, a manufacturer is not protected by GARA if it knowingly misrepresents certain safety information to the FAA.

Derivation of Green Infrastructure Planning Factors for Reducing Particulate Matter - Using Text Mining - (미세먼지 저감을 위한 그린인프라 계획요소 도출 - 텍스트 마이닝을 활용하여 -)

  • Seok, Youngsun;Song, Kihwan;Han, Hyojoo;Lee, Junga
    • Journal of the Korean Institute of Landscape Architecture
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    • v.49 no.5
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    • pp.79-96
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    • 2021
  • Green infrastructure planning represents landscape planning measures to reduce particulate matter. This study aimed to derive factors that may be used in planning green infrastructure for particulate matter reduction using text mining techniques. A range of analyses were carried out by focusing on keywords such as 'particulate matter reduction plan' and 'green infrastructure planning elements'. The analyses included Term Frequency-Inverse Document Frequency (TF-IDF) analysis, centrality analysis, related word analysis, and topic modeling analysis. These analyses were carried out via text mining by collecting information on previous related research, policy reports, and laws. Initially, TF-IDF analysis results were used to classify major keywords relating to particulate matter and green infrastructure into three groups: (1) environmental issues (e.g., particulate matter, environment, carbon, and atmosphere), target spaces (e.g., urban, park, and local green space), and application methods (e.g., analysis, planning, evaluation, development, ecological aspect, policy management, technology, and resilience). Second, the centrality analysis results were found to be similar to those of TF-IDF; it was confirmed that the central connectors to the major keywords were 'Green New Deal' and 'Vacant land'. The results from the analysis of related words verified that planning green infrastructure for particulate matter reduction required planning forests and ventilation corridors. Additionally, moisture must be considered for microclimate control. It was also confirmed that utilizing vacant space, establishing mixed forests, introducing particulate matter reduction technology, and understanding the system may be important for the effective planning of green infrastructure. Topic analysis was used to classify the planning elements of green infrastructure based on ecological, technological, and social functions. The planning elements of ecological function were classified into morphological (e.g., urban forest, green space, wall greening) and functional aspects (e.g., climate control, carbon storage and absorption, provision of habitats, and biodiversity for wildlife). The planning elements of technical function were classified into various themes, including the disaster prevention functions of green infrastructure, buffer effects, stormwater management, water purification, and energy reduction. The planning elements of the social function were classified into themes such as community function, improving the health of users, and scenery improvement. These results suggest that green infrastructure planning for particulate matter reduction requires approaches related to key concepts, such as resilience and sustainability. In particular, there is a need to apply green infrastructure planning elements in order to reduce exposure to particulate matter.

A Study on Presidential Security Activities of Military Intelligence Investigation Agency - Since the Korean War, from 1950 to the present - (군(軍) 정보수사기관의 대통령 경호활동 고찰: 1950년 한국전쟁 이후부터 현재까지)

  • Choi, Jong-Young;Jung, Ju-Ho
    • Korean Security Journal
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    • no.53
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    • pp.63-79
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    • 2017
  • Defence Security Command is the only military intelligence and investigation agency which is in charge of safeguarding military information and investigating specific crimes such as subversion and disloyalty in military. While the presidential security provided by Defence Security Command, along with Presidential Security Service(PSS) and the police, forms one of three pillars sustaining presidential security, its works and activities have been rarely known to the public due to the military confidentiality. This study looks into some data specialized into the presidential security among works of Defense Security Command by using various resources such as biographies of key people, media reports, and public materials. It reviews the presidential security works in a historical sense that the works have developed and changed in accordance with the historical changes of Defense Security Command, which was rooted in Counter-Intelligence Corps (Teukmubudae in Korean) in 1948 and leads to the present. The study findings are as follows. First, when the Korean War broke out in 1950 and since then the South Korea was under the threat of the North Korean armed forces and left wing forces, Counter-Intelligence Corps(Bangcheopdudae in Korean) took the lead in presidential security more than the police who was in charge of it. Secondly, even after the Presidential Security Office has founded in 1963, the role of the military on presidential security has been extended by changing its titles from Counter-Intelligence Corps to Army Security corps to Armed Forces Security Command. It has developed their provision of presidential security based on the experience at the president Rhee regime when they could successfully guard the president Rhee and the important government members. Third, since the re-establishment into Defence Security Command in 1990, it has added more security services and strengthened its legal basis. With the excellent expertise, it played a pivotal role in the G20 and other state-level events. After the establishment of the Moon Jaeinin government, its function has been reduced or abolished by the National Defense Reform Act. However, the presidential security field has been strengthening by improving security capabilities through reinforcing the organization. This strengthening of the security capacity is not only effective in coping with the current confrontation situation with the hostile North Korean regime, but also is important and necessary in conducting constant monitoring of the military movement and security-threat factors within military during the national security events.

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Multinational Enforcement of the Capital Markets Act - Focusing on the Anti-Fraud Regulation by the Public Regulators - (다국적 차원의 자본시장법규 집행 - 공적기관에 의한 불공정거래 규제를 중심으로 -)

  • Chang, Kun-Young
    • Journal of Legislation Research
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    • no.53
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    • pp.419-454
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    • 2017
  • Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

Effects of Seller's Influence Tactics on Customer's Psychological Obligation, Trust, and Repurchase Intention in Offline Cosmetics Selling Channel: Moderating Effect of Perceived Service Quality (오프라인 화장품 구매경로에서 판매원의 판매설득전술이 고객의 심리적의무감과 판매원 신뢰, 재구매의도에 미치는 영향: 지각된 서비스 품질을 조절효과로)

  • Kang, Byeong Jun;Yi, Ho-Taek
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.17 no.5
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    • pp.205-221
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    • 2022
  • In this study, the authors investigated the effect of salesperson's Selling Influence Tactics (SIT) on customers' psychological obligation, trust in salespersons and repurchase intentions in the offline cosmetics purchase channel. In addition, we examined the moderating effect of service quality perceived by customers. To this end, a survey was conducted on 298 customers who had purchased cosmetics through the offline sales channel, and the authors conducted hypothesis testing through a structural equation model. As a result of the study, first, among salesperson's sales influence tactics, emotional appeal tactics (H1a), customer ingratiation tactics (H1d), and personal appeal tactics (H1e) were found to affect the psychological obligation of customers, and emotional appeal tactics (H2a), rational persuasion tactics (H2b), information provision tactics (H2c), and customer ingratiation tactics (H2d) were found to affect trust in salespeople. Third, it was found that the psychological obligation did not have a positive (+) effect on the customer's repurchase intention, and the customer's trust in the salesperson had a positive (+) effect on the repurchase intention. Third, perceived service quality showed a significant moderating effect between psychological obligation and repurchase intention, trust in salesperson and repurchase intention. In previous studies on salesperson's Selling Influence Tactics (SIT), many studies examined salesperson's Selling Influence Tactics (SIT) by specifying sub-variables in a limited way, and studies confirming marketing factors such as repurchase intention were also insufficient. Therefore, the results of the empirical research confirmed based on this study are expected to help the standard or direction of the salesperson's Selling Influence Tactics (SIT) in future studies. In addition, this study describes implications for providing help in employee education and management for small business owners who manage and operate offline cosmetics stores, and sales strategies that should be strategically established to improve perceived service quality for customers.

Recognition and Attitude to Implement at ion of Service Area Assigned System of Public Health Programs among the Health Officer (공공보건사업의 지역담당제 실시에 관한 보건기관 근무 공무원의 인식과 태도)

  • Kim, Mi-Soon;Lee, Moo-Sik;Kim, Nam-Song
    • Journal of agricultural medicine and community health
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    • v.26 no.2
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    • pp.15-41
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    • 2001
  • Since medical clients and the community they live in are expected to be center of future public health and medical care system, new service programs must be developed with patients focused on in line with widening public access of information and social participation. Patients- focused service shall mean the area- oriented provision of public health service. In this study, health officers working at public health centers, public health sub- centers and medical offices in Jeonbuk- do area were taken for population in order to investigate their attitudes toward and knowledge about the service area assigning system under the public health programs. Findings from the survey to 260 health officers, divided by general category, are as follows : Government officers at public health organizations appeared to have high grade of understanding to the service area assigning system and also great appreciation for the necessity of it. Regarding the timing for the system to be introduced, they support the gradual implementation and, as for the type of service to be provided, they preferred home nursing and treatment of chronic diseases. Highly positive responses were centered on the health classes under the health promotion projects, and as far as health projects for the old are concerned, services for home nursing, for the disabled and for home- alone people are favored most. On the other hand, budgeting, manpower and reorganization are rated as prerequisite to establishment of the service area assigning system. From the viewpoint of system side, the improvement of working conditions is rendered as most urgent, while the information system for establishing the service area assigning system is conceived far from satisfactory. Proper assignment of specialists was noted as mostly important to establish the delivery system for medical service through the service area assigning system by team. As merits of the service area assigning system, it is pointed out that, through the system, health clients can better be managed and the nursing quality will be improved thank to the enhanced specialization. It is also perceived that the district health service is not well prepared to respond to the increased and diversified needs of community people and, furthermore, service programs of health centers have not been fully developed. The most serious problem standing in the way to expansion of health projects is, it is noted, uniformity (formality) of the project. Based on the results of the survey which suggest time has ripen to introduce the service area assigning system, following strategies are proposed to anchor down the system as soon as possible: First, we should introduce the system gradually, starting from the area selected, and in consideration of area specialities, refraining from the hitherto stereotyped way of providing health service. Second, we should seek to properly assign the specialists and improve the working conditions of the assigned officers by securing sufficient budget, since it is a most urgent step to lay foundation for the service area assigning system. Third, best service program should be developed to meet the satisfaction of community people by responding to their needs and solidifying the management of medical clients. Fourth, wide scope of study should further be conducted in order to help this system take roots in the central living of community residents since pilot project on the experimental base attended by specialists only can not win popularity among the masses.

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Analysis of Success Cases of InsurTech and Digital Insurance Platform Based on Artificial Intelligence Technologies: Focused on Ping An Insurance Group Ltd. in China (인공지능 기술 기반 인슈어테크와 디지털보험플랫폼 성공사례 분석: 중국 평안보험그룹을 중심으로)

  • Lee, JaeWon;Oh, SangJin
    • Journal of Intelligence and Information Systems
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    • v.26 no.3
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    • pp.71-90
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    • 2020
  • Recently, the global insurance industry is rapidly developing digital transformation through the use of artificial intelligence technologies such as machine learning, natural language processing, and deep learning. As a result, more and more foreign insurers have achieved the success of artificial intelligence technology-based InsurTech and platform business, and Ping An Insurance Group Ltd., China's largest private company, is leading China's global fourth industrial revolution with remarkable achievements in InsurTech and Digital Platform as a result of its constant innovation, using 'finance and technology' and 'finance and ecosystem' as keywords for companies. In response, this study analyzed the InsurTech and platform business activities of Ping An Insurance Group Ltd. through the ser-M analysis model to provide strategic implications for revitalizing AI technology-based businesses of domestic insurers. The ser-M analysis model has been studied so that the vision and leadership of the CEO, the historical environment of the enterprise, the utilization of various resources, and the unique mechanism relationships can be interpreted in an integrated manner as a frame that can be interpreted in terms of the subject, environment, resource and mechanism. As a result of the case analysis, Ping An Insurance Group Ltd. has achieved cost reduction and customer service development by digitally innovating its entire business area such as sales, underwriting, claims, and loan service by utilizing core artificial intelligence technologies such as facial, voice, and facial expression recognition. In addition, "online data in China" and "the vast offline data and insights accumulated by the company" were combined with new technologies such as artificial intelligence and big data analysis to build a digital platform that integrates financial services and digital service businesses. Ping An Insurance Group Ltd. challenged constant innovation, and as of 2019, sales reached $155 billion, ranking seventh among all companies in the Global 2000 rankings selected by Forbes Magazine. Analyzing the background of the success of Ping An Insurance Group Ltd. from the perspective of ser-M, founder Mammingz quickly captured the development of digital technology, market competition and changes in population structure in the era of the fourth industrial revolution, and established a new vision and displayed an agile leadership of digital technology-focused. Based on the strong leadership led by the founder in response to environmental changes, the company has successfully led InsurTech and Platform Business through innovation of internal resources such as investment in artificial intelligence technology, securing excellent professionals, and strengthening big data capabilities, combining external absorption capabilities, and strategic alliances among various industries. Through this success story analysis of Ping An Insurance Group Ltd., the following implications can be given to domestic insurance companies that are preparing for digital transformation. First, CEOs of domestic companies also need to recognize the paradigm shift in industry due to the change in digital technology and quickly arm themselves with digital technology-oriented leadership to spearhead the digital transformation of enterprises. Second, the Korean government should urgently overhaul related laws and systems to further promote the use of data between different industries and provide drastic support such as deregulation, tax benefits and platform provision to help the domestic insurance industry secure global competitiveness. Third, Korean companies also need to make bolder investments in the development of artificial intelligence technology so that systematic securing of internal and external data, training of technical personnel, and patent applications can be expanded, and digital platforms should be quickly established so that diverse customer experiences can be integrated through learned artificial intelligence technology. Finally, since there may be limitations to generalization through a single case of an overseas insurance company, I hope that in the future, more extensive research will be conducted on various management strategies related to artificial intelligence technology by analyzing cases of multiple industries or multiple companies or conducting empirical research.

Critical Success Factor of Noble Payment System: Multiple Case Studies (새로운 결제서비스의 성공요인: 다중사례연구)

  • Park, Arum;Lee, Kyoung Jun
    • Journal of Intelligence and Information Systems
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    • v.20 no.4
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    • pp.59-87
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    • 2014
  • In MIS field, the researches on payment services are focused on adoption factors of payment service using behavior theories such as TRA(Theory of Reasoned Action), TAM(Technology Acceptance Model), and TPB (Theory of Planned Behavior). The previous researches presented various adoption factors according to types of payment service, nations, culture and so on even though adoption factors of identical payment service were presented differently by researchers. The payment service industry relatively has strong path dependency to the existing payment methods so that the research results on the identical payment service are different due to payment culture of nation. This paper aims to suggest a successful adoption factor of noble payment service regardless of nation's culture and characteristics of payment and prove it. In previous researches, common adoption factors of payment service are convenience, ease of use, security, convenience, speed etc. But real cases prove the fact that adoption factors that the previous researches present are not always critical to success to penetrate a market. For example, PayByPhone, NFC based parking payment service, successfully has penetrated to early market and grown. In contrast, Google Wallet service failed to be adopted to users despite NFC based payment method which provides convenience, security, ease of use. As shown in upper case, there remains an unexplained aspect. Therefore, the present research question emerged from the question: "What is the more essential and fundamental factor that should takes precedence over factors such as provides convenience, security, ease of use for successful penetration to market". With these cases, this paper analyzes four cases predicted on the following hypothesis and demonstrates it. "To successfully penetrate a market and sustainably grow, new payment service should find non-customer of the existing payment service and provide noble payment method so that they can use payment method". We give plausible explanations for the hypothesis using multiple case studies. Diners club, Danal, PayPal, Square were selected as a typical and successful cases in each category of payment service. The discussion on cases is primarily non-customer analysis that noble payment service targets on to find the most crucial factor in the early market, we does not attempt to consider factors for business growth. We clarified three-tier non-customer of the payment method that new payment service targets on and elaborated how new payment service satisfy them. In case of credit card, this payment service target first tier of non-customer who can't pay for because they don't have any cash temporarily but they have regular income. So credit card provides an opportunity which they can do economic activities by delaying the date of payment. In a result of wireless phone payment's case study, this service targets on second of non-customer who can't use online payment because they concern about security or have to take a complex process and learn how to use online payment method. Therefore, wireless phone payment provides very convenient payment method. Especially, it made group of young pay for a little money without a credit card. Case study result of PayPal, online payment service, shows that it targets on second tier of non-customer who reject to use online payment service because of concern about sensitive information leaks such as passwords and credit card details. Accordingly, PayPal service allows users to pay online without a provision of sensitive information. Final Square case result, Mobile POS -based payment service, also shows that it targets on second tier of non-customer who can't individually transact offline because of cash's shortness. Hence, Square provides dongle which function as POS by putting dongle in earphone terminal. As a result, four cases made non-customer their customer so that they could penetrate early market and had been extended their market share. Consequently, all cases supported the hypothesis and it is highly probable according to 'analytic generation' that case study methodology suggests. We present for judging the quality of research designs the following. Construct validity, internal validity, external validity, reliability are common to all social science methods, these have been summarized in numerous textbooks(Yin, 2014). In case study methodology, these also have served as a framework for assessing a large group of case studies (Gibbert, Ruigrok & Wicki, 2008). Construct validity is to identify correct operational measures for the concepts being studied. To satisfy construct validity, we use multiple sources of evidence such as the academic journals, magazine and articles etc. Internal validity is to seek to establish a causal relationship, whereby certain conditions are believed to lead to other conditions, as distinguished from spurious relationships. To satisfy internal validity, we do explanation building through four cases analysis. External validity is to define the domain to which a study's findings can be generalized. To satisfy this, replication logic in multiple case studies is used. Reliability is to demonstrate that the operations of a study -such as the data collection procedures- can be repeated, with the same results. To satisfy this, we use case study protocol. In Korea, the competition among stakeholders over mobile payment industry is intensifying. Not only main three Telecom Companies but also Smartphone companies and service provider like KakaoTalk announced that they would enter into mobile payment industry. Mobile payment industry is getting competitive. But it doesn't still have momentum effect notwithstanding positive presumptions that will grow very fast. Mobile payment services are categorized into various technology based payment service such as IC mobile card and Application payment service of cloud based, NFC, sound wave, BLE(Bluetooth Low Energy), Biometric recognition technology etc. Especially, mobile payment service is discontinuous innovations that users should change their behavior and noble infrastructure should be installed. These require users to learn how to use it and cause infra-installation cost to shopkeepers. Additionally, payment industry has the strong path dependency. In spite of these obstacles, mobile payment service which should provide dramatically improved value as a products and service of discontinuous innovations is focusing on convenience and security, convenience and so on. We suggest the following to success mobile payment service. First, non-customers of the existing payment service need to be identified. Second, needs of them should be taken. Then, noble payment service provides non-customer who can't pay by the previous payment method to payment method. In conclusion, mobile payment service can create new market and will result in extension of payment market.

The Characteristics and Operation System of the Staff Officials at Jongbusi (Court of the Royal Clan) in the Late Joseon Period - Based on Jongbusi nangcheong seonsaengan (Register of Staff Officials at the Court of the Royal Clan) Kept at Jangseogak Archives (조선 후기 종부사(宗簿寺) 낭청(郎廳)의 실태 및 운영체계 - 장서각 소장 『종부사낭청선생안(宗簿寺郎廳先生案)』을 중심으로 -)

  • Kim, Dong-geun
    • (The)Study of the Eastern Classic
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    • no.69
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    • pp.83-114
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    • 2017
  • The purpose of this article is to analyze the standings of working-level officials belonging to Jongbusi (Court of the Royal Clan) holding the rank of "jeong" and below between the 18th and mid-19th Century. Jongbusi, which was headed by a Grade-3 official, was in charge of the compilation of royal genealogy and supervision of royal relatives. During the late Joseon Period, its officials were composed of its chief, jeong, jubu (Grade-6 official), and jikjang (Grade-7 official). By 1864, it was incorporated into Jongchinbu (Office of the Royal Relatives). Jongbusi nangcheong seonsaengan (Register of Staff Officials at the Court of the Royal Clan), which is preserved at the Jangseogak Archives of the Academy of Korean Studies, lists the officials who served at the office between 1794 and its incorporation into Jongchinbu in 1864. The register also includes the officials' ranks, names, DOBs, family clans, their ranks in the offices they were transferred from, their ranks in the office they were transferred to, etc. Those interested view it as a precious relic that provides valuable information on the officialdom of the dynasty. A majority of the officials who served at Jongbusi were those who passed the higher civil service examination. Many of them at the level of jikjang were those who passed the licentiate examination. Their designation as an official was part of the "muneum" system, which granted official posts to descendants of those who accomplished a distinguished service for the country or served as a high-ranking official. They were those transferred from equal or lower positions in another office. Many of jubu-level officials of Jongbusi were those transferred from honorable and important posts of other offices or local administrative offices. Many of jikjang-level officials of Jongbusi were those who previously served as dosa (assistant officials) at Uigeumbu (Bureau of Crime Investigation) headed by a Grade-1 official. The officials' transfer to an office with a lower position like Jongbusi appears to have been for the provision of placing them in working-level positions rather than letting them remain in positions only carrying an honorary title. As for the transfer of officials of Jongbusi to other offices, many of those with the rank of jeong were transferred to lower positions. Supposedly it was because not many Grade-3 positions were vacant. Many of them were transferred to honorable and important posts. Some of them were also transferred to positions at local government offices, supposedly to avoid an excess of personnel at the central government. Those at the level of jubu or jikjang of Jongbusi were transferred to equal or higher posts in other offices. Particularly, most of those holding the position of jikjang (Grade-7) were transferred to higher posts. The family clan that produced the largest number (10%) of Jongbusi officials was the Jeonju Yi Clan, which produced the largest number of those who passed the higher civil service examination. It was also found that the top 20 family clans produced about half of the entirety of Jongbusi officials. According to the aforesaid Jongbusi nangcheong seonsaengan, about 90% of the cases of promotion of Jongbusi officials occurred after the revision of Seonwon boryak (Royal Genealogy of the Joseon Dynasty). It is speculated that the supervision of royal family members, one of the two leading functions assigned to Jongbusi, was suspended in the late Joseon Period. The relevant function does not appear even in chronicles pertaining to the Joseon Dynasty. The reason being had something to do with the sharp decrease in the number of royal family members during the reign of King Injo (r. 1623-1649). Their number was decreased to the extent that royal ceremonies could not be adequately carried out. Naturally, the meaning of supervising royal family members faded. Witnessing such a sorry state of the royal family, Heungseon Daewongun, King Gojong's father who served as the regent, incorporated Jongbusi into Jongchinbu in an effort to enhance the status and authority of the royal family.

A Study on the System of Aircraft Investigation (항공기(航空機) 사고조사제도(事故調査制度)에 관한 연구(硏究))

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.9
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    • pp.85-143
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    • 1997
  • The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

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