• Journal of the Korean Institute of Landscape Architecture
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• v.42 no.5
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• pp.31-40
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• 2014

The importance of green spaces in the city is growing each day. Local governments are taking charge of park development works that are having difficulty in developing and managing urban parks due to high land value as well as a shortage in finances. This is even though an urban park is defined as an urban planning facility and the law provides park area per person. Civil residents, meanwhile, are using not only urban parks provided by law but also other green areas such as rivers, reservoirs, and school playgrounds because they recognize urban green areas by the concept of use. In this study, accordingly, urban green areas were sorted into two types, urban parks, parks provided by law, and other green areas, and the difference in use pattern and use satisfaction by type was analyzed. As a result of analysis, there was no remarkable difference between the two types. According to such results, it was found that it is necessary to include other green areas, such as rivers, reservoirs, school green areas, and apartment green areas in addition to the current park green areas provided by law when park area per person is calculated, and such calculation of urban green areas reflecting local characteristics can reduce local governments' financial burden and improve the effectiveness of future urban park policies. It is judged that such results can become a plan against the cancellation of unexecuted urban facilities. The fact that accessibility factors, such as road satisfaction, access convenience, and convenient movement, are affecting satisfaction with the use of urban parks suggests that it is important to improve urban park accessibilities rather than to quantitatively expand park area in order to improve satisfaction with urban parks. Considering that people travel to urban green areas mostly by walking, it is necessary for access convenience to conduct follow-up studies such as barrier-free and securing walking stability through analysis of routes to urban green areas.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.279-310
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• 2015

The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.