• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.9-39
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• 2003

The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

• Journal of Yeungnam Medical Science
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• v.24 no.1
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• pp.41-54
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• 2007

Background : The causes of chest pain vary but the leading cause of chest pain is ischemic heart disease. Mortality from ischemic chest pain has increased more than two fold over the last ten years. The purpose of this study was to determine the data necessary for rapid treatment of patients with signs and symptoms of ischemic chest pain in the emergency department (ED). Materials and Methods : We interviewed 170 patients who had ischemic chest pain in the emergency department of Yeungnam University Hospital over 6 months with a protocol developed for the evaluation. The protocol used included gender, age, arriving time, prior hospital visits, methods of transportation to the hospital, past medical history, final diagnosis, and outcome information from follow up. Results : Among 170 patients, there were 118 men (69.4%) and the mean age was 63 years. The patients diagnosed with acute myocardial infarction (AMI) were 106 (62.4%) and with angina pectoris (AP) were 64 (37.6%). The patients who had visited another hospital were 68.8%, twice the number that came directly to this hospital (p<0.05). The ratio of patients who visited another hospital were higher for the AMI (75.5%) than the AP (59.4%) patients (p<0.05). The median time spent deciding whether to go to hospital was 521 minutes and for transportation was 40 minutes. With regard to patients that visited another hospital first, the median time spent at the other hospital was 40 minutes. The total median time spent before arriving at our hospital was 600 minutes (p>0.05). The patients who had a total time delay of over 6 hours was similar 54.8% in the AMI group and 57.9% in the AP group (p>0.05). As a result, only 12.2% of the patients with an AMI received thrombolytics, and 48.8% of them had a simultaneous percutaneous coronary intervention (PCI). In the emergency department 8.5% of the patients with an AMI died. Conclusion : Timing is an extremely important factor for the treatment of ischemic heart disease. Most patients arrive at the hospital after a long time lapse from the onset of chest pain. In addition, most patients present to a different hospital before they arrive at the final hospital for treatment. Therefore, important time is lost and opportunities for treatment with thrombolytics and/or PCI are diminished leading to poor outcomes for many patients in the ED. The emergency room treatment must improve for the identification and treatment of ischemic heart disease so that patients can present earlier and treatment can be started as soon as they present to an emergency room.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.225-285
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• 2017

In regard to the regulations related to the RPA(Remotely Piloted Aircraft), which is sometimes called in other countries as UA(Unmanned Aircraft), ICAO stipulates the regulations in the 'RPAS manual (2015)' in detail based on the 'Chicago Convention' in 1944, and enacts provisions for the Rules of UAS or RPAS. Other contries stipulates them such as the Federal Airline Rules (14 CFR), Public Law (112-95) in the United States, the Air Transport Act, Air Transport Order, Air Transport Authorization Order (through revision in "Regulations to operating Rules on unmanned aerial System") based on EASA Regulation (EC) No.216/2008 in the case of unmanned aircaft under 150kg in Germany, and Civil Aviation Act (CAA 1998), Civil Aviation Act 101 (CASR Part 101) in Australia. Commonly, these laws exclude the model aircraft for leisure purpose and require pilots on the ground, not onboard aricraft, capable of controlling RPA. The laws also require that all managements necessary to operate RPA and pilots safely and efficiently under the structure of the unmanned aircraft system within the scope of the regulations. Each country classifies the RPA as an aircraft less than 25kg. Australia and Germany further break down the RPA at a lower weight. ICAO stipulates all general aviation operations, including commercial operation, in accordance with Annex 6 of the Chicago Convention, and it also applies to RPAs operations. However, passenger transportation using RPAs is excluded. If the operational scope of the RPAs includes the airspace of another country, the special permission of the relevant country shall be required 7 days before the flight date with detail flight plan submitted. In accordance with Federal Aviation Regulation 107 in the United States, a small non-leisure RPA may be operated within line-of-sight of a responsible navigator or observer during the day in the speed range up to 161 km/hr (87 knots) and to the height up to 122 m (400 ft) from surface or water. RPA must yield flight path to other aircraft, and is prohibited to load dangerous materials or to operate more than two RPAs at the same time. In Germany, the regulations on UAS except for leisure and sports provide duty to avoidance of airborne collisions and other provisions related to ground safety and individual privacy. Although commercial UAS of 5 kg or less can be freely operated without approval by relaxing the existing regulatory requirements, all the UAS regardless of the weight must be operated below an altitude of 100 meters with continuous monitoring and pilot control. Australia was the first country to regulate unmanned aircraft in 2001, and its regulations have impacts on the unmanned aircraft laws of ICAO, FAA, and EASA. In order to improve the utiliity of unmanned aircraft which is considered to be low risk, the regulation conditions were relaxed through the revision in 2016 by adding the concept "Excluded RPA". In the case of excluded RPA, it can be operated without special permission even for commercial purpose. Furthermore, disscussions on a new standard manual is being conducted for further flexibility of the current regulations.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.143-166
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• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• Journal of the Korean Institute of Landscape Architecture
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• v.36 no.3
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• pp.85-95
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• 2008

The City of Seoul enforces the 'Median reserved bus lane', a revised public transportation system, in order to achieve both a faster and more convenient transit system. This study examines the visual image and preference of the median bus stops in accordance with the operation of the median reserved bus lanes. In order to evaluate and clarify the distinct landscape of each bus stop in a different environment, our team selected 3 representative bus stops with different environments on main roads and conducted landscape simulations so as to evaluate visual preference. The sites were on a narrow range road, wide width road in the downtown area and wide width road on the outskirts of the city. The preference degree for each selected bus-stop environment was compared. The comparison conditions were a median bus stop with preexisting landscape, a median bus stop with planted trees, and a landscape without a median bus stop. The results of the study can be Summarized as follows: First, the visual influence on median bus stops depends on the visual complexity of the environment where they are located. People had an affinity for the median bus stop in which the visual complexity was low, while the preference degree of median bus stop was low in a highly complex area. Secondly, regardless of regional environment where median bus stops are located, research showed that it is more "impressive" to have a median bus-stop with planted trees than landscape without a median bus stop. Thirdly, the median bus stop with plants highly preferred over one without moreover, the landscape with planted trees would provide a comfortable mind for people. This study reveals that planting-oriented design concepts in median bus stops exhibit significant differences in the preference assessment factors. Thus, for further median bus stop construction, planting is desirable to create an impressive streetscape and better scenic quality.

• The Journal of Korean Physical Therapy
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• v.18 no.4
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• pp.61-70
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• 2006

Purpose: The purpose of this study was to investigate the activities of daily living (ADL) and instrumental activities of daily living (IADL) of residential home dwelling elderly and home for the aged dwelling elderly. In attempt to address medical professional caring the elderly, this comparative study examines the factors associated with dependence in the ADL and IADL in two samples of elderly people living in two different environments. Methods: The instrument of ADL and IADL widely used Katz ADL and IADL. Katz ADL and IADL was not a perfect fit for Korean. In concern with cultural factors Won developed K(Korean)-ADL and K-IADL scale reflecting Korean's own language expression and cultural factors in year of 2002. The assessment tool of this study was K-ADL and K-IADL. Differences of ADL and IADL were tested for statistical significance using group t-test and x2 test for comparisons between the residential home dwelling elderly and the home for the aged dwelling elderly. Results: Comparison of assessment for K-ADL and K-IADL in two different dwelling types was significant. Performance of ADL and IADL depend upon their living environment such as social status, number of children, income, present illness as well as age group. This study also showed significant differences of performance in some activities of ADL and IADL between the elderly who live in their own home and live in home for the aged. Comparison of performance of ADL and IADL in different dwelling types revealed that only one item of ADL was significant but only one item of IADL was not significant. It means that IADL is more difficult activities in the home for the aged dwelling elderly than the residential home dwelling elderly. The coupled elderly has more independent in some ADL and IADL activities compared with the single elderly. Conclusion: Using K-ADL and K-IADL is more convenient for Korean elderly. Medical professional consider some factors like dwelling style, social status, existing diseases and disabilities in order to care the elderly and train him/her activities of daily living as well as instrumental activities of daily living. Medical professional, especially physical and occupational therapist emphasize the training items which are bathing of ADL and grooming, housework, preparing meals, laundry, traveling, public transportation, shopping, using telephone and taking medicine of IADL based on the result of this study.

• Korean Journal of Remote Sensing
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• v.32 no.2
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• pp.105-118
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• 2016

The purpose of this study is to improve the classification system of sub-divided land cover map among the land cover maps provided by the Ministry of Environment. To accomplish the purpose, first, the overseas country land cover map classification items were examined in priority. Second, the area ratio of each item established by applying the previous sub-divided classification system was analyzed. Third, the survey on the improvement of classification system targeting the users (experts and general public) who actually used the sub-divided land cover map was carried out. Fourth, a new classification system which improved the previous system by reclassifying 41 classification items into 33 items was finally established. Fifth, the established land cover classification items were applied on study area, and the land cover classification result according to the improvement method was compared with the previous classification system. Ilsan area in Goyang city where there are diverse geographic features with various land surface characteristics such as the urbanization area and agricultural land were distributed evenly were selected as the study area. The basic images used in this study were 0.25 m aerial ortho-photographs captured by the National Geographic Information Institute (NGII), and digital topographic map, detailed stock map plan, land registration map and administrative area map were used as the relevant reference data. As a result of applying the improved classification system into the study area, the area of culture-sports, leisure facilities was $1.84km^2$ which was approximately more than twice larger in comparison to the previous classification system. Other areas such as transportation and communication system and educational administration facilities were not classified. The result of this study has meaningful significance that it reflects the efficiency for the establishment and renewal of sub-divided land cover map in the future and actual users' needs.

• Korean Security Journal
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• no.13
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• pp.351-382
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• 2007

This study seeks to analyze various aspects of women's fear of sexual crime committed against them within the Seoul metropolitan subway system, which takes center stage in public transportation today in Korea; that is, among different kinds of fear of crime, women's fear of sexual crime is empirically examined, and it is expected that the results of this study shall serve as an important basis for future policy-making, so that the fear of sexual crime against women in the subway system could be reduced. To the end, this study aims first, to investigate the real picture of women's using the subway and their attire, second, to look into the amount of information on such crime obtained and the level of its awareness, third, to analyze the characteristics of the fear of sexual crime in the subway system, and lastly, to empirically examine the relationship between women's regular women's regular attire/their level of information on such crime obtained and their fear of sexual crime. As a quantitative research method to discover facts, this study utilizes reality-analyztical and technical research methods, and for its final statistical analysis, uses questionnaire answered and returned by 509 women, out of a total of 520 female commuters on the Seoul metropolitan subway system who had originally been requested to participate in the survey. The result of this study demonstrates that the level of women's fear of sexual crime on the subway is relatively high. In detail, the higher their monthly income is, the more fearful women feel on the subway; it has also been found that women living in housing they own or in leased housing on deposits (Jeonse) fear sexual crime on the subway more than those living in the other forms of housing. However, the level of fear has been found to be low for those types of sexual crime judged to be relatively unlikely to be committed. Lastly the result of the relationship between women's regular attire/their level of information on such crime obtained and their fear of sexual crime is relatively high and very effective.

• Journal of Preventive Medicine and Public Health
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• v.29 no.3 s.54
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• pp.693-700
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• 1996

The purpose of this study was to determine whether workers at a factory next to a lead recycling factory in Pusan, were affected by lead contamination. The mean air lead concentration of lead recycling factory was $0.21mg/m^3(TWA=0.05mg/m^3)$. Thirty-nine male workers of Factory A, Cr. plating factory next to the lead recycling factory were exposed group and a comparison group, 62 male workers of Factory B were selected from another Cr. plating factory about 8.5km away from lead recycling factory. Air lead concentration of each workplace was checked for 4 times from August f to August 20 in 1995 by low volume air sampler. Each subject was interviewed about age, life-style, smoking, work history, and residence etc, and venous blood was drawn for lead measurement by graphite furnace atomic absorption spectrometry. We have observed that air lead concentration and blood lead concentration of Factory A was higher than Factory $B(2.6{\pm}1.6\;Vs.\;1.2{\pm}0.2{\mu}g/m^3,\;14.9{\pm}1.6\;Vs.\;12.2{\pm}1.6{\mu}g/dl)$. We believe that other environmental lead sources such as transportation and residence did not affect air lead and blood lead concentration differences of both factory. We concluded that high air lead and blood lead concentration of Factory A were caused by lead contamination generated by the neighboring lead recycling factory.

• Journal of the Korean Society of Marine Environment & Safety
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• v.16 no.3
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• pp.269-274
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• 2010

Present state of nationwide marine facilities reported to Minister of Land, Transport and Maritime Affairs{MLTM} in Korea for two years 2008 and 2009 was analyzed, and management plan was proposed in this study. As of the end of 2009, total number of nationwide marine facilities was reported to be 672 and to be scattered along the coasts all over the nation. 124 marine facilities reported to Masan regional maritime affairs and port office occupied 18.5% of total nationwide number. 69 marine facilities reported to Mokpo regional office and 69 marine facilities reported to Pohang regional office occupied 10.3%, respectively. 181 marine facilities reported to Busan and Masan regional offices occupied 26.9%, meaning that about a quarter of total nationwide marine facilities concentrated in Southeastern Sea of Korea centering around Busan and Masan. 320 oil and noxious liquid substances storage facilities occupied 47.6% of total nationwide number. 11 pollutant storage facilities occupied 1.6%. 178 ship construction, repair and scrap facilities occupied 26.5%. 7 cargo handling facilities occupied 1.0%. 12 waste storage facilities occupied 1.8%. none of marine facilities for tourism, housing and restaurant were reported. 88 water intake and outlet facilities occupied 13.1%. 37 fishing spots at play occupied 5.5%. 13 other marine facilities occupied 1.9%. 6 integrated marine science base facilities occupied 0.9% of total nationwide number. The guidance and the public relation for national report system of marine facilities, the improvement of national report system and management plan, the advancement and complement of national report affairs-handling guides, and the voluntary participation in national report system and the performance of duties by the owners of marine facilities were proposed for better management plan of marine facilities.