• 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aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated.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.

• Child Health Nursing Research
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• v.2 no.1
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• pp.93-111
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• 1996

The purpose of the study is to identify the lived experience of mothers who have children with cerebral palsy in order to understand their agony. Moreover, the result of study was to find some nursing intervention for disabled children and their mothers. For this purpose, ten mothers who are willing to cooperate with this research were selected at random from those who have children with the cerebral palsy, currently using the municipal facilities for the handicapped with cerebral malfunction. Data collection was done from October 4, 1994 th December 31, 1994. The data were collected by asking the mothers mentioned above with some unstructured open-ended questions, recorded on the tapes with permission by the interviewee in order to prevent missing of the interviewed contents. These collected data have been substantiated and properly analyzed on the basis of phenomenological approach initiated by Colaizzi's method. The results and validity are proved to be credible by means of the individual checking of the interviewed mothers. The results of this study are as follows : 1. When the mother is first informed of the diagnosis of cerebral palsy on her child, she usually misses the crucial timing needed for proper treatment of the child's disorder because she is notified through the doctor's indifference and his apparently inactive, matter-of-fact attitude. At first she suspects the doctor's diagnosis and tries to attribute it to the unknown cause from a certain genetic problem and then she quickly wants to deny the whole situation that her child is really suffering from the cerebral palsy. The reality is too much for her to accept as it is and she would not believe her child is abnormal. Therefore, she even attempts depend on the power of God for its solution. 2. The mother, who goes thorough this kind of uncommon experiences, is totally devoted to the treatment and care of the child and completely ignores her own life and happiness. At the same time, she feels sorry for her other normal children she believes having not enough care and concern. Also, she feels sorry for the sick child when the child's brothers or sisters show special concern for the patient out of sympathy. It is sorry and not satisfied for her that the child is growing with abnormality and neighbor other around have inappropriate attitudes. Likewise, she is discontent with her husband's lack of concern about the child's treatment. She believes that the health care system in this society isn't fulfilling its due purpose. In the state of her utmost distress and anxiety, she always feels the need of competent consultants, and is angry about that her child is treated as an abnormal being, she is trying to hide the child from other people and to make him or her disappear, if possible. Although she doesn't have harmonious relation with her husband, she id happy when he shows his affection for the child and she feels relieved and thankful when the relatives don't mention about the child's condition Since the child's overall status of health is continuously in unstable conditions, requiring her all-time readiness for an emergency, she feels guilty of her child's illness toward the fEmily members as if it was her own fault to have borne such an abnormal child and she feels responsible for the child morally and financially if necessary Because her life is centered on taking care of the child, she cannot afford to enjoy her own life and happiness. She is a lonely mother, fatigued, with no proper relationship with other people around her. With this sense of guilt and responsibility as a mother of an unusual disease, she has no choice but to grieve her destiny from which she is not allowed to escape. 3. Nevertheless, the mother with the child suffering from the cerebral palsy does not easily give up the hope of getting her child cured and she believes that in the long run, though slower than hoped, her abnormal son or daughter will be eventually cured to become a normal sibling someday. This kind of hope is sustained by the mother's strong faith coming from observing the progress of other similar children getting better. Sometimes she is encouraged to have this faith by other mothers who share the same painful experiences, believing that her child will improve even more rapidly than others with the same palsy. Full of hope, she painstakingly waits for the child's healing. Moreover, she plans to have another child. she thinks that the patient child's brothers and sisters only can truly understand and look after the patients. However, when she notices that the progress of other children under the treatment does not look so hopeful, she is distressed by the thoughts that her child may never get well. Too, she is worried that the patient's brother or sister will be born as the same invalid with the cerebral disease. She is discouraged to have another baby as much as she is encouraged to. She is also troubled by the thought that in case she has another baby, she will have to be forced. to neglect the patient child, especially when she does have an extra hand or some reliable person to help her with taking care of the patient.

• Journal of the Korean Geographical Society
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• v.30 no.1
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• pp.68-92
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• 1995

Recentry the structure of the retail trade have been chanaed with its environmantal changes. Some studies may be necessary on the changing process of environment and fundamental structure analyses of the retail trade. This study analyzes the location of retail trades, inhabitants' behavior in retail tredes and their desirable utilization scheme of them in Kwangju-si. Some study methods, contents and coming-out results are as follows: 1. Retail trades can be classified into independent stores, chain-stores (supermarket, voluntary chain and frenchiise system and convenience store), department stores, cooperative associations, traditional, markets mail-order marketing, automatic vending and others by service levels, selling-items, prices, managements, methods of retailing and store or nonstore type. 2. In Kwangju, the environment of retail trades is related to the consumers of population structure: chanes in consumers pattern, trends toward agings and nuclear family, increase of leisur: time and female advances to society. Rapid structural shift in retail trade has also been occurred due to these social changes. Traditionl and premodern markets until 1970s altere to supermarkets or department stores in 1980s, and various types, large enterprises and foreign capitals came into being in 1990s. 3. The locational characteristics of retail trades are resulted from the spatial analysis of the total population distribution, and from the calculation of segregation index in the light of potential demand. The densely-populated areas occurs in newly-built apartment housing complex which is distributed with a ring-shaped pattern around the old urban core. The numbers and rates of the aged over sixty in Kwangsan-gu and the circumference area of Mt.Moodeung, are larger and higher where rural elements are remarkable. A relation between population distribution and retail trade are analysed by the index of population per shop. The index of the population number per shop is lower in urban center, as a whole, being more convenient for consumers. In newly-formed apartment complex areas, on the other, the index more than 1,000 per shop, meeting not the demands for consumers. Because both the younger and the aged are numerous in these areas, the retail trade pattern pertinent to both are needed. Urban fringes including Kwangsan-gu and the vicinity of Mt.Moodeung have some problems owing to the most of population number per shop (more than 1, 500) and the most extensive as well. 4. The regional characteristic of retail trade is analyzed through the location quotient of shops by locational patterns and centerality index. Chungkum-dong is the highest-order central place in CBD. It is the core of retail trades, which has higher-ordered specialty store including three big department stores, supermarkets and large stores. Taegum-dong, Chungsu-dong, Taeui-dong, and Numun-dong that are neiahbored to Chungkum-dong fall on the second group. They have a central commercial section where large chain stores, specialty shopping streets, narrow-line retailing shops (furniture, amusement service, and gallary), supermarkets and daily markets are located. The third group is formed on the axis of state roads linking to Naju-kun, Changseong-kun, Tamyang-kun, Hwasun-kun and forme-Songjeong-eup. It is related to newly, rising apartment housing complex along a trunk road, and characterized by markets and specialty stores. The fourth group has neibourhood-shopping centers including older residential area and Songjeong-eup area with independent stores and supermarkets as main retailing functions. The last group contains inner residential area and outer part of a city including Songjeong-eup. Outer part of miscellaneous shops being occasionally found is rural rather than urban (Fig. 7). 5. The residents' behaviors using retail trade are analyzed by factors of goods and facilities. Department stores are very high level in preference for higher-order shopping-goods such as clothes for full dress in view of both diversity and quality of goods(28.9%). But they have severe traffic congestions, and high competitions for market ranges caused by their sma . 64.0% of respondents make combined purpose trips together with banking and shopping. 6. For more efficiency of retail-trading, it is necessary to induce spatial distribution policy with regard to opportunity frequency of goods selection by central place, frontier regions and age groups. Also we must consider to analyze competition among different types of retail trade and analyze the consumption behaviors of working females and younger-aged groups, in aspects of time and space. Service improvement and the rationalization of management should be accomplished in such as cooperative location (situation) must be under consideration in relations to other functions such as finance, leisure & sports, and culture centers. Various service systems such as installment, credit card and peremium ticket, new used by enterprises, must also be carried service improvement. The rationalization and professionalization in for the commercial goods are bsically requested.

• Asia pacific journal of information systems
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• v.22 no.3
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• pp.99-124
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• 2012

Our society has long been talking about necessity for innovation. Since companies in particular need to carry out business innovation in their overall processes, they have attempted to apply many innovation factors on sites and become to pay more attention to their innovation. In order to achieve this goal, companies has applied various information technologies (IT) on sites as a means of innovation, and consequently IT have been greatly developed. It is natural for the field of IT to have faced another revolution which is called cloud computing, which is expected to result in innovative changes in software application via the Internet, data storing, the use of devices, and their operations. As a vehicle of innovation, cloud computing is expected to lead the changes and advancement of our society and the business world. Although many scholars have researched on a variety of topics regarding the innovation via IT, few studies have dealt with the issue of could computing as IT. Thus, the purpose of this paper is to set the variables of innovation attributes based on the previous articles as the characteristic variables and clarify how these variables affect "Performance Expectancy" of companies and the intention of using cloud computing. The result from the analysis of data collected in this study is as follows. The study utilized a research model developed on the innovation diffusion theory to identify influences on the adaptation and spreading IT for cloud computing services. Second, this study summarized the characteristics of cloud computing services as a new concept that introduces innovation at its early stage of adaptation for companies. Third, a theoretical model is provided that relates to the future innovation by suggesting variables for innovation characteristics to adopt cloud computing services. Finally, this study identified the factors affecting expectation and the intention to use the cloud computing service for the companies that consider adopting the cloud computing service. As the parameter and dependent variable respectively, the study deploys the independent variables that are aligned with the characteristics of the cloud computing services based on the innovation diffusion model, and utilizes the expectation for performance and Intention to Use based on the UTAUT theory. Independent variables for the research model include Relative Advantage, Complexity, Compatibility, Cost Saving, Trialability, and Observability. In addition, 'Acceptance for Adaptation' is applied as an adjustment variable to verify the influences on the expected performances from the cloud computing service. The validity of the research model was secured by performing factor analysis and reliability analysis. After confirmatory factor analysis is conducted using AMOS 7.0, the 20 hypotheses are verified through the analysis of the structural equation model, accepting 12 hypotheses among 20. For example, Relative Advantage turned out to have the positive effect both on Individual Performance and on Strategic Performance from the verification of hypothesis, while it showed meaningful correlation to affect Intention to Use directly. This indicates that many articles on the diffusion related Relative Advantage as the most important factor to predict the rate to accept innovation. From the viewpoint of the influence on Performance Expectancy among Compatibility and Cost Saving, Compatibility has the positive effect on both Individual Performance and on Strategic Performance, while it showed meaningful correlation with Intention to Use. However, the topic of the cloud computing service has become a strategic issue for adoption in companies, Cost Saving turns out to affect Individual Performance without a significant influence on Intention to Use. This indicates that companies expect practical performances such as time and cost saving and financial improvements through the adoption of the cloud computing service in the environment of the budget squeezing from the global economic crisis from 2008. Likewise, this positively affects the strategic performance in companies. In terms of effects, Trialability is proved to give no effects on Performance Expectancy. This indicates that the participants of the survey are willing to afford the risk from the high uncertainty caused by innovation, because they positively pursue information about new ideas as innovators and early adopter. In addition, they believe it is unnecessary to test the cloud computing service before the adoption, because there are various types of the cloud computing service. However, Observability positively affected both Individual Performance and Strategic Performance. It also showed meaningful correlation with Intention to Use. From the analysis of the direct effects on Intention to Use by innovative characteristics for the cloud computing service except the parameters, the innovative characteristics for the cloud computing service showed the positive influence on Relative Advantage, Compatibility and Observability while Complexity, Cost saving and the likelihood for the attempt did not affect Intention to Use. While the practical verification that was believed to be the most important factor on Performance Expectancy by characteristics for cloud computing service, Relative Advantage, Compatibility and Observability showed significant correlation with the various causes and effect analysis. Cost Saving showed a significant relation with Strategic Performance in companies, which indicates that the cost to build and operate IT is the burden of the management. Thus, the cloud computing service reflected the expectation as an alternative to reduce the investment and operational cost for IT infrastructure due to the recent economic crisis. The cloud computing service is not pervasive in the business world, but it is rapidly spreading all over the world, because of its inherited merits and benefits. Moreover, results of this research regarding the diffusion innovation are more or less different from those of the existing articles. This seems to be caused by the fact that the cloud computing service has a strong innovative factor that results in a new paradigm shift while most IT that are based on the theory of innovation diffusion are limited to companies and organizations. In addition, the participants in this study are believed to play an important role as innovators and early adapters to introduce the cloud computing service and to have competency to afford higher uncertainty for innovation. In conclusion, the introduction of the cloud computing service is a critical issue in the business world.

• Journal of Korean Society of Forest Science
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• v.64 no.1
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• pp.11-19
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• 1984

Potted, germinating Pinus rigida ${\times}$ P. taeda seedlings were inoculated with Pisolithus tinctorius (Pt) ectomycorrhizal fungus to test the effectiveness of Pt in relation to organic amendment and changes in soil fertility and soil texture. Pt was cultured as mycelia in vermiculite-peat moss mixture with nutrients and added to sterilized pot soils with or without organic amendment (fully fermented compost) at three soil texture levels (sand, loamy sand, and sandy loam) in a factorial design. Plants were grown in a greenhouse for 4 months and harvested to compare their growth with non-mycorrhizal plants and plants infected by natural fungi. Regardless of sod texture, soil fertility, or organic amendment, seedlings inoculated with Pt were better in dry weight and height than non-mycorrhizal plants or those infected by natural fungi. An exception was observed in the most fertile soil (0.075% N and 1.32% organic matter content in sandy loam with organic amendment), where non-mycorrhizal plants were slightly bigger (8%) and heavier (18%) than Pt-inoculated plants. In over-all average, Pt-inoculated seedlings were 30% taller and 107% heavier than those infected by natural fungi and 31 % taller and 60% heavier than non-mycorrhizal plants. Growth stimulation of seedlings by Pt was more pronounced in less fertile sand soil when organic was not amended. Mycorrhizal frequency of Pt (% of mycorrhizal root tips) was reduced to about half (from 84 to 33% in sandy loam and from 77 to 40% in loamy sand) by organic amendment, while that of natural fungi was not significantly affected. Severe nitrogen deficiency was observed in the needles of non-mycorrhizal plants (1.38% N), while both Pt-inoculated plants (1.68% N) and those infected by natural fungi (1.89% N) did not develop symptom, suggesting an active role of mycorrhizae in absorption of soil nitrogen. Top to root ratio increased with organic amendment to non-mycorrhizal plants, but was not significantly affected by fungal treatment. It was concluded from this study that relative effectiveness of Pt was determined by soil fertility. Organic amendment to less fertile sand soil increased effectiveness of Pt, while the same amendment to more fertile loamy sand and sandy loam decreased effectiveness of Pt. Benefits of Pt mycorrhizae would be expected most either when organic was not added to the soil, or when soil nutrients were not abundant.