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The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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Biblical Didactical Implications and Applications of Midrash (미드라쉬의 성서교수학적 함의와 적용)

  • Kim, In Hye;Koh, Won Seok
    • Journal of Christian Education in Korea
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    • v.67
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    • pp.45-75
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    • 2021
  • The purpose of this study is to explore a new paradigm for Bible didactics in the context of the contemporary times and it turns its gaze to the midrash, the old tradition of Hebrew Bible interpretation. In order for the current Bible study to be meaningful and effective in today's situation, it is an effort to connect the Bible and us well, more than educational contents or materials. The word "midrash" itself means "textual interpretation", or "study", derived from the root verb darash, which means "to seek," "to seek with care," "to enquire," "to require" forms of which appear frequently in the Hebrew Bible. Midrash means an exegesis and interpretation of the Hebrew Bible (Torah) as well as a group of works that are the result of specific interpretations of the rabbis. This rabbinical tradition provides specific interpretative guidelines dealing with the Bible. These interpretive guidelines were passed down and formed an attitude of interpreting the Bible that is still relevant today. The rabbinical interpretative guidelines in midrash lead to the discovery of the following biblical didactical meanings. First, the Bible requires an attitude of listening and learning. Second, an attitude of inquiry is needed. Third, an exploration through the empty space is essential. Fourth, it leads us to recognize the importance of mutual respect and communication. Fifth, through the Words that challenge me, the meaning of biblical teaching is discovered. These interpretation guidelines have much in common with Bibliodrama, which applies midrash to the didactic of Bible. Bibliodrama is a dramatic inquiry, where the effect of in-depth inquiry and consideration that midrash aimed at can be expected. In addition, bibliodrama is a process of communal interaction that leads to a new experience and a richer understanding of the Bible through different positions and viewpoints. Exploring the "white fire" of the Bible, we listen to what God says to us, which causes us to change and form an identity. The biblical didactical meaning found in midrash's interpretation guidelines and the biblical didactical application of midrash through the bibliodrama can be presented as a new alternative to Christian education for the past, the present and the future. This will be able to present a new paradigm for biblical didactics with the word of God living and working in the present, not the Bible of the past, which is far from our present life.

Limits of STEAM Education and its Improvement Alternative : Based on the Viewpoints of STEAM Expert Teachers (STEAM 교육의 한계와 개선방향 -STEAM 교육 전문성을 가진 교사의 견해를 바탕으로-)

  • Son, Mihyun;Jeong, Daehong
    • Journal of The Korean Association For Science Education
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    • v.39 no.5
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    • pp.573-584
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    • 2019
  • It is necessary to look at the essence of STEAM education from the viewpoint of the teacher who is the subject of education execution. We carry out questionnaires and telephone interviews for the purpose, definition, change, etc. of STEAM education from eight elementary, middle, and high teachers who are rich in policy and field application experience. As a result of the analysis, the purpose of the STEAM education that the specialists mentioned includes the active participation of the students. Most experts pointed out that the definition of STEAM education is ambiguous. So, it is necessary to express a clear goal of STEAM education. The category and level meaning "fields" from "a convergence of two or more fields" are not indicative definitions, but can be different depending on the situation, considering the context of activities and the level of students. The perception of the experts on framework may be a guide for STEAM education and stumbling block. It is necessary for "Context" to shift away from the emphasis on the real life connection and to the emphasis on the interest of the student and the guidance of the class. "Creative design" must be based on trial and error in the process of solving problems. "Emotional touch" needs to correct elements that cannot be observed, evaluated, and applied to lessons that are elements of emotional experience. As for the expansion of STEAM education, most expert teachers have recognized that STEAM education is becoming increasingly stable and that policy change has continued to slow the pace of stabilization.

A Legal Analysis on the Absence of Provisions Regarding Non-relative Patients in the Act of Decisions-Making in Life-Sustaining Medicine (연명의료결정법에서 무연고자 규정미비 등에 관한 법적 고찰)

  • Moon, Sang Hyuk
    • The Korean Society of Law and Medicine
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    • v.24 no.4
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    • pp.103-128
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    • 2023
  • According to the current act of Decision-Marking in Life-Sustaining Medicine, the decision to withhold or discontinue life-sustaining treatment is primarily based on the wishes of a patient in the dying process. Decision-making regarding life-sustaining treatment for these patients is made by the patient, if he or she is conscious, directly expressing his/her intention for life-sustaining treatment in writing or verbally or by writing an advance medical directive and physician orders for life-sustaining treatment. It can be exercised. On the other hand, if the patient has not written an advance medical directive or physician orders for life-sustaining treatment, the patient's intention can be confirmed with a statement from the patient's family, or a decision to discontinue life-sustaining treatment can be made with the consent of all members of the patient's family. However, in the case of an unrelated patient who has no family or whose family is unknown, if an advance medical directive or physician orders for life-sustaining treatment are not written before hospitalization and a medical condition prevents the patient from expressing his or her opinion, the patient's will cannot be known and the patient cannot be informed. A situation arises where a decision must be made as to whether to continue or discontinue life-sustaining treatment. This study reviewed discussions and measures for unbefriended patients under the current law in order to suggest policy measures for deciding on life-sustaining treatment in the case of unbefriended patients. First, we looked at the application of the adult guardian system, but although an adult guardian can replace consent for medical treatment that infringes on the body, permission from the family court is required in cases where death may occur as a direct result of medical treatment. It cannot be said to be an appropriate solution for patients in the process of dying. Second, in accordance with Article 14 of the Life-Sustaining Treatment Decision Act, we looked at the deliberation of medical institution ethics committees on decisions to discontinue life-sustaining treatment for patients without family ties.Under the current law, the medical institution ethics committee cannot make decisions on discontinuation of life-sustaining treatment for unbefriended patients, so through revision, matters regarding decisions on discontinuation of life-sustaining treatment for unbefriended patients are reflected in Article 14 of the same Act or separate provisions for unbefriended patients are made. It is necessary to establish and amend new provisions. In addition, the medical institution ethics committee must make a decision on unbefriended patients, but if the medical institution cannot make such a decision, there is a need to revise the law so that the public ethics committee can make decisions, such as discontinuing life-sustaining treatment for unbefriended patients.

Flood Risk Estimation Using Regional Regression Analysis (지역회귀분석을 이용한 홍수피해위험도 산정)

  • Jang, Ock-Jae;Kim, Young-Oh
    • Journal of the Korean Society of Hazard Mitigation
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    • v.9 no.4
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    • pp.71-80
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    • 2009
  • Although desire for living without hazardous damages grows these days, threats from natural disasters which we are currently exposed to are quiet different from what we have experienced. To cope with this changing situation, it is necessary to assess the characteristics of the natural disasters. Therefore, the main purpose of this research is to suggest a methodology to estimate the potential property loss and assess the flood risk using a regional regression analysis. Since the flood damage mainly consists of loss of lives and property damages, it is reasonable to express the results of a flood risk assessment with the loss of lives and the property damages that are vulnerable to flood. The regional regression analysis has been commonly used to find relationships between regional characteristics of a watershed and parameters of rainfall-runoff models or probability distribution models. In our research, however, this model is applied to estimate the potential flood damage as follows; 1) a nonlinear model between the flood damage and the hourly rainfall is found in gauged regions which have sufficient damage and rainfall data, and 2) a regression model is developed from the relationship between the coefficients of the nonlinear models and socio-economic indicators in the gauged regions. This method enables us to quantitatively analyze the impact of the regional indicators on the flood damage and to estimate the damage through the application of the regional regression model to ungauged regions which do not have sufficient data. Moreover the flood risk map is developed by Flood Vulnerability Index (FVI) which is equal to the ratio of the estimated flood damage to the total regional property. Comparing the results of this research with Potential Flood Damage (PFD) reported in the Long-term Korea National Water Resources Plan, the exports' mistaken opinions could affect the weighting procedure of PFD, but the proposed approach based on the regional regression would overcome the drawback of PFD. It was found that FVI is highly correlated with the past damage, while PFD does not reflect the regional vulnerabilities.

The Ontology Based, the Movie Contents Recommendation Scheme, Using Relations of Movie Metadata (온톨로지 기반 영화 메타데이터간 연관성을 활용한 영화 추천 기법)

  • Kim, Jaeyoung;Lee, Seok-Won
    • Journal of Intelligence and Information Systems
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    • v.19 no.3
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    • pp.25-44
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    • 2013
  • Accessing movie contents has become easier and increased with the advent of smart TV, IPTV and web services that are able to be used to search and watch movies. In this situation, there are increasing search for preference movie contents of users. However, since the amount of provided movie contents is too large, the user needs more effort and time for searching the movie contents. Hence, there are a lot of researches for recommendations of personalized item through analysis and clustering of the user preferences and user profiles. In this study, we propose recommendation system which uses ontology based knowledge base. Our ontology can represent not only relations between metadata of movies but also relations between metadata and profile of user. The relation of each metadata can show similarity between movies. In order to build, the knowledge base our ontology model is considered two aspects which are the movie metadata model and the user model. On the part of build the movie metadata model based on ontology, we decide main metadata that are genre, actor/actress, keywords and synopsis. Those affect that users choose the interested movie. And there are demographic information of user and relation between user and movie metadata in user model. In our model, movie ontology model consists of seven concepts (Movie, Genre, Keywords, Synopsis Keywords, Character, and Person), eight attributes (title, rating, limit, description, character name, character description, person job, person name) and ten relations between concepts. For our knowledge base, we input individual data of 14,374 movies for each concept in contents ontology model. This movie metadata knowledge base is used to search the movie that is related to interesting metadata of user. And it can search the similar movie through relations between concepts. We also propose the architecture for movie recommendation. The proposed architecture consists of four components. The first component search candidate movies based the demographic information of the user. In this component, we decide the group of users according to demographic information to recommend the movie for each group and define the rule to decide the group of users. We generate the query that be used to search the candidate movie for recommendation in this component. The second component search candidate movies based user preference. When users choose the movie, users consider metadata such as genre, actor/actress, synopsis, keywords. Users input their preference and then in this component, system search the movie based on users preferences. The proposed system can search the similar movie through relation between concepts, unlike existing movie recommendation systems. Each metadata of recommended candidate movies have weight that will be used for deciding recommendation order. The third component the merges results of first component and second component. In this step, we calculate the weight of movies using the weight value of metadata for each movie. Then we sort movies order by the weight value. The fourth component analyzes result of third component, and then it decides level of the contribution of metadata. And we apply contribution weight to metadata. Finally, we use the result of this step as recommendation for users. We test the usability of the proposed scheme by using web application. We implement that web application for experimental process by using JSP, Java Script and prot$\acute{e}$g$\acute{e}$ API. In our experiment, we collect results of 20 men and woman, ranging in age from 20 to 29. And we use 7,418 movies with rating that is not fewer than 7.0. In order to experiment, we provide Top-5, Top-10 and Top-20 recommended movies to user, and then users choose interested movies. The result of experiment is that average number of to choose interested movie are 2.1 in Top-5, 3.35 in Top-10, 6.35 in Top-20. It is better than results that are yielded by for each metadata.

A Study on People Counting in Public Metro Service using Hybrid CNN-LSTM Algorithm (Hybrid CNN-LSTM 알고리즘을 활용한 도시철도 내 피플 카운팅 연구)

  • Choi, Ji-Hye;Kim, Min-Seung;Lee, Chan-Ho;Choi, Jung-Hwan;Lee, Jeong-Hee;Sung, Tae-Eung
    • Journal of Intelligence and Information Systems
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    • v.26 no.2
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    • pp.131-145
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    • 2020
  • In line with the trend of industrial innovation, IoT technology utilized in a variety of fields is emerging as a key element in creation of new business models and the provision of user-friendly services through the combination of big data. The accumulated data from devices with the Internet-of-Things (IoT) is being used in many ways to build a convenience-based smart system as it can provide customized intelligent systems through user environment and pattern analysis. Recently, it has been applied to innovation in the public domain and has been using it for smart city and smart transportation, such as solving traffic and crime problems using CCTV. In particular, it is necessary to comprehensively consider the easiness of securing real-time service data and the stability of security when planning underground services or establishing movement amount control information system to enhance citizens' or commuters' convenience in circumstances with the congestion of public transportation such as subways, urban railways, etc. However, previous studies that utilize image data have limitations in reducing the performance of object detection under private issue and abnormal conditions. The IoT device-based sensor data used in this study is free from private issue because it does not require identification for individuals, and can be effectively utilized to build intelligent public services for unspecified people. Especially, sensor data stored by the IoT device need not be identified to an individual, and can be effectively utilized for constructing intelligent public services for many and unspecified people as data free form private issue. We utilize the IoT-based infrared sensor devices for an intelligent pedestrian tracking system in metro service which many people use on a daily basis and temperature data measured by sensors are therein transmitted in real time. The experimental environment for collecting data detected in real time from sensors was established for the equally-spaced midpoints of 4×4 upper parts in the ceiling of subway entrances where the actual movement amount of passengers is high, and it measured the temperature change for objects entering and leaving the detection spots. The measured data have gone through a preprocessing in which the reference values for 16 different areas are set and the difference values between the temperatures in 16 distinct areas and their reference values per unit of time are calculated. This corresponds to the methodology that maximizes movement within the detection area. In addition, the size of the data was increased by 10 times in order to more sensitively reflect the difference in temperature by area. For example, if the temperature data collected from the sensor at a given time were 28.5℃, the data analysis was conducted by changing the value to 285. As above, the data collected from sensors have the characteristics of time series data and image data with 4×4 resolution. Reflecting the characteristics of the measured, preprocessed data, we finally propose a hybrid algorithm that combines CNN in superior performance for image classification and LSTM, especially suitable for analyzing time series data, as referred to CNN-LSTM (Convolutional Neural Network-Long Short Term Memory). In the study, the CNN-LSTM algorithm is used to predict the number of passing persons in one of 4×4 detection areas. We verified the validation of the proposed model by taking performance comparison with other artificial intelligence algorithms such as Multi-Layer Perceptron (MLP), Long Short Term Memory (LSTM) and RNN-LSTM (Recurrent Neural Network-Long Short Term Memory). As a result of the experiment, proposed CNN-LSTM hybrid model compared to MLP, LSTM and RNN-LSTM has the best predictive performance. By utilizing the proposed devices and models, it is expected various metro services will be provided with no illegal issue about the personal information such as real-time monitoring of public transport facilities and emergency situation response services on the basis of congestion. However, the data have been collected by selecting one side of the entrances as the subject of analysis, and the data collected for a short period of time have been applied to the prediction. There exists the limitation that the verification of application in other environments needs to be carried out. In the future, it is expected that more reliability will be provided for the proposed model if experimental data is sufficiently collected in various environments or if learning data is further configured by measuring data in other sensors.

An Effectiveness Analysis of Landscape Management for the Historic and Cultural Environment Preservation Area of the Pungnammun Gate, Jeonju, by Applying 3D Visual Exposure (3차원 시각노출도를 이용한 전주 풍남문 역사문화환경보존지역의 경관 관리 효과 분석)

  • Lee, Jae-Yong
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.2
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    • pp.30-37
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    • 2018
  • The uniformed regulations for control of the height of buildings owned by individuals to protect landscape of cultural properties are causing serious social conflicts by limiting the development of landowners. It is urgent need of introducing indicators that can resolve such conflicts and evaluate the regulations of buildings, which can satisfy urban development as well as landscape management of cultural properties. Therefore, the purpose of this study is to simulate landscape changes according to the Cultural Heritage Protection Act and National Land Planning and Utilization Act by using Unity3D in the Pungnammun Gate(Treasure No. 308) of Jeonju and its surroundings, where architectural cultural property forms the symbolic landscape of the city. Then some items such as view points, target points were introduced and the quantitative evaluation of landscapes was attempted by applying the indicator of 3D Visual Exposure. As a result, the viewing opportunity and viewing area of Pungnammun Gate were not significantly influenced by changes in landscape according to the two laws. However, the change of the height of buildings by the National Land Planning and Utilization Act, which has the greatest development capacity, confirmed the possibility of weakening the identification of the Pungnammun Gate by increasing 3D Visual Exposure of the background buildings more than two times. Finally, it was confirmed that the skyline of Pungnammun Gate was clearly infringed upon development under the National Land Planning and Utilization Act, but the skyline was maintained similar to the current situation in the regulation by the Cultural Heritage Protection Act. Thus, this study is meaningful in that the application of 3D Visual Exposure showed the possibility of utilization as an indicator for quantitatively evaluating the protection of view on cultural property and skyline according to the changes of building heights.

Applicability of Partial Post-Tension Method for Deflection Control of Reinforced Concrete Slabs (RC슬래브의 처짐제어를 위한 상향긴장식 부분PT공법의 적용)

  • Lee, Deuck-Hang;Kim, Kang-Su;Kim, Sang-Sik;Kim, Yong-Nam;Lim, Joo-Hyuk
    • Journal of the Korea Concrete Institute
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    • v.21 no.3
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    • pp.347-358
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    • 2009
  • Recently, it is getting into a good situation for the flat-plate slab system to be applied. The flat-plate slab without beam, however, is often too weak to control deflection properly compared to other typical slab-beam structures, for which the post-tension method is generally regarded as one of best solutions. The post-tension (PT) method can effectively control deflection without increase of slab thickness. Despite this good advantage, however, the application of PT method has been very limited due to cost increase, technical problems, and lack of experiences. Therefore, in order to reduce difficulties on applying full PT method under the current domestic circumstances and to enhance constructability of PT system, this research proposed the partial PT method with top jacking anchorage applied in a part of span as need. For the top jacking anchorage system, the efficiency of deflection control shall be considered in detail because it can vary widely depending on the location of anchorage that can be placed anywhere as need, and tensile stresses induced at back of the anchorage zone also shall be examined. Therefore, in this study, analysis were performed on the efficiency of deflection control depending on the location of anchorage and on tensile stresses or forces using finite element method and strut and tie model in the proposed top jacking anchorage system. The proposed jacking system were also applied to the floor slabs at a construction site to investigate its applicability and the analysis results of slab behavior were compared to the measured values obtained from the PT slab constructed by the partial PT method. The result of this study indicates that the partial PT method can be very efficiently applied with little cost increase to control deflection and tensile stresses in the region as a need basis where problem exists.

The effect of COVID-19 characteristics and transmission risk concerns on smart learning acceptance: Focusing on the application of the integrated model of ISSM and HBM (코로나-19의 특징과 전파위험 걱정이 스마트 러닝 수용에 미치는 영향: ISSM과 HBM의 통합 모형 적용을 중심으로)

  • Pyo, GyuJin;Kim, Yang Sok;Noh, Mijin;Han, Mu Moung Cho;Rahman, Tazizur;Son, Jaeik
    • Journal of Digital Convergence
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    • v.19 no.7
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    • pp.57-70
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    • 2021
  • As COVID-19 spreads, people's interest in smart learning that can do non-face-to-face learning is increasing nowadays. In this study, we aim to empirically analyze how users' thoughts on COVID-19 and the information quality and system quality of smart learning systems affect users' acceptance of smart learning and examine the effect of perceived sensitivity and severity of COVID-19 on the satisfaction and use of smart learning through concerns about the risk of transmission. In addition, we examined the influence of information quality composed of content quality and interaction quality and system quality composed of system accessibility and functionality on the use of smart learning through user satisfaction. To verify the validity of the proposed model, we conducted a survey on 334 users with experience in using smart learning, and performed the analysis using Smart PLS 3.0. According to the analysis results, among information quality and system quality, only functionality has a positive (+) effect on the satisfaction of smart learning, and satisfaction has a positive (+) effect on the usage behavior. However, it is found that accessibility among system quality do not affect satisfaction, and concern about the risk of transmission has a negative effect on satisfaction. This study can provide meaningful guidelines to researchers when researching smart learning to support students' learning in a pandemic situation of a new infectious disease, such as COVID-19. It will also be able to provide useful implications for educational institutions and companies related to smart learning.