• Title/Summary/Keyword: Social Integration

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A Comparative Study on the Characteristics of Cultural Heritage in China and Vietnam (중국과 베트남의 문화유산 특성 비교 연구)

  • Shin, Hyun-Sil;Jun, Da-Seul
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.40 no.2
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    • pp.34-43
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    • 2022
  • This study compared the characteristics of cultural heritage in China and Vietnam, which have developed in the relationship of mutual geopolitical and cultural influence in history, and the following conclusions were made. First, the definition of cultural heritage in China and Vietnam has similar meanings in both countries. In the case of cultural heritage classification, both countries introduced the legal concept of intangible cultural heritage through UNESCO, and have similarities in terms of intangible cultural heritage. Second, while China has separate laws for managing tangible and intangible cultural heritages, Vietnam integrally manages the two types of cultural heritages under a single law. Vietnam has a slower introduction of the concept of cultural heritage than China, but it shows high integration in terms of system. Third, cultural heritages in both China and Vietnam are graded, which is applied differently depending on the type of heritage. The designation method has a similarity in which the two countries have a vertical structure and pass through steps. By restoring the value of heritage and complementing integrity through such a step-by-step review, balanced development across the country is being sought through tourism to enjoy heritage and create economic effects. Fourth, it was confirmed that the cultural heritage management organization has a central government management agency in both countries, but in China, the authority of local governments is higher than that of Vietnam. In addition, unlike Vietnam, where tangible and intangible cultural heritage are managed by an integrated institution, China had a separate institution in charge of intangible cultural heritage. Fifth, China is establishing a conservation management policy focusing on sustainability that harmonizes the protection and utilization of heritage. Vietnam is making efforts to integrate the contents and spirit of the agreement into laws, programs, and projects related to cultural heritage, especially intangible heritage and economic and social as a whole. However, it is still dependent on the influence of international organizations. Sixth, China and Vietnam are now paying attention to intangible heritage recently introduced, breaking away from the cultural heritage protection policy centered on tangible heritage. In addition, they aim to unite the people through cultural heritage and achieve the nation's unified policy goals. The two countries need to use intangible heritage as an efficient means of preserving local communities or regions. A cultural heritage preservation network should be established for each subject that can integrate the components of intangible heritage into one unit to lay the foundation for the enjoyment of the people. This study has limitations as a research stage comparing the cultural heritage system and preservation management status in China and Vietnam, and the characteristic comparison of cultural heritage policies by type remains a future research task.

Research on Archive Opening and Sharing Projects of Korean Terrestrial Broadcasters and External Users of Shared Archives : Focusing on the Case of the 5.18 Footage Video Sharing Project 〈May Story(Owol-Iyagi)〉 Contest Organized by KBS (국내 지상파 방송사의 아카이브 개방·공유 사업과 아카이브 이용자 연구 KBS 5.18 아카이브 시민공유 프로젝트 <5월이야기> 공모전 사례를 중심으로)

  • Choi, Hyojin
    • The Korean Journal of Archival Studies
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    • no.78
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    • pp.197-249
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    • 2023
  • This paper focus on the demand for broadcast and video archive contents by users outside broadcasters as the archive openness and sharing projects of terrestrial broadcasters have become more active in recent years. In the process of creating works using broadcasters' released video footage, the study examined the criteria by which video footage is selected and the methods and processes utilized for editing. To this end, the study analyzed the the case of the 5.18 footage video sharing project 〈May Story(Owol-Iyagi)〉 contest organized by KBS in 2022, in which KBS released its footage about the May 18 Democratic Uprising and invited external users to create new content using them. Analyzing the works that were selected as the winners of the contest, the research conducts in-depth interviews with the creators of each work. As a result, the following points are identified. Among the submitted works, many works deal with the direct or indirect experience of the May 18 Democratic Uprising and focus on the impact of this historical event on individuals and our current society. The study also examined the ways in which broadcasters' footage is used in secondary works. We found ways to use video as a means to share historical events, or to present video as evidence or metaphor. It is found that the need for broadcasters to provide a wider range of public video materials such as the May 18 Democratic Uprising, describing more metadata including copyright information before releasing selected footage, ensuring high-definition and high-fidelity videos that can be used for editing, and strengthening streaming or downloading functions for user friendliness. Through this, the study explores the future direction of broadcasters' video data openness and sharing business, and confirms that broadcasters' archival projects can be an alternative to fulfill public responsibilities such as strengthening social integration between regions, generations, and classes through moving images.

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A Study on Consumer Eco-friendly Behavior Utilizing the Photovoice Methodology : Focus Group Study (포토보이스(Photovoice) 기법을 활용한 소비자의 친환경 행동에 대한 연구 : Focus Group Study)

  • Lee, Il-han
    • Journal of Venture Innovation
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    • v.6 no.4
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    • pp.63-81
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    • 2023
  • The purpose of this study was to utilize the Photovoice qualitative research method targeting university students. Through this method, we aimed to understand the perceptions of environmental issues, environmental barriers, and eco-friendly behaviors among university students. By employing the Photovoice methodology, we sought to share the perspectives of university students on eco-friendly behaviors, explore the motivations and manifestations of these behaviors, and reflect on their significance. The ultimate goal was to provide practical suggestions for fostering eco-friendly behaviors through an in-depth examination of the visual narratives and reflections of university students. Under the overarching theme of the environment, participants were given the opportunity to individually select and explore three specific sub-themes: 'My Concept of the Environment,' 'Environmental Barriers in My Life,' and 'My Eco-friendly Behaviors.' Participants engaged in the process of capturing photographs from their daily lives related to each theme, expressing their thoughts and perspectives through the selected images. Subsequently, they shared and discussed their insights, actively listening to the opinions of others in the group. The results of this study revealed several key findings. Firstly, participants assigned meaning to the photographs they selected by directly capturing aspects related to the environment, such as 'waste,' 'discomfort,' 'fine dust=environmental pollution,' and 'indifference.' Secondly, participants attributed meaning to the selected photographs related to environmental barriers, associating them with concepts like 'invisibility,' 'apathy,' 'social stigma,' 'inefficiency,' and 'compulsion.' Lastly, participants ascribed significance to photographs selected in the context of eco-friendly behaviors, with themes like 'recycling,' 'energy conservation,' 'reuse,' and 'reducing the use of disposable items.' Based on these research findings, the confirmation of the V-A-B (Values-Attitudes-Behavior) model was established. It was observed that consumers structure a hierarchical relationship between their personal values, attitudes, and behaviors. The study also identified clear impediments in consumers' daily lives hindering the practice of eco-friendly behaviors. In light of this, the research highlighted the need for strategies to address the discomfort or inconvenience associated with implementing environmentally friendly consumer behaviors. The implications of the study suggest that interventions or solutions are necessary to alleviate barriers and promote a more seamless integration of eco-friendly practices into consumers' daily routines.

A Study of the Influence of Start-up New Product Preannouncing Information Attributes on Purchase Intention: Focused on UTAUT2 (프리어나운싱 정보속성이 스타트업 신제품 구매의도에 미치는 영향에 관한 연구: 확장된 통합기술수용이론(UTAUT2)을 중심으로)

  • Byung-chul Han;Jae-Hyun You
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.18 no.5
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    • pp.1-16
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    • 2023
  • Due to imbalances in supply and demand within the labor market, start-ups have emerged as crucial players in the generation of high-quality employment opportunities, particularly in stagnant job markets. In response to this trend, governments are allocating substantial financial and human resources to initiatives that support start-up development. This has led to an increasing rate of engagement in start-up ventures across diverse age groups, not limited to younger individuals. Start-ups are enterprises focused on the commercialization of innovative ideas with the aim of achieving profitability in the marketplace. Research concerning the successful market integration of new products and the attainment of sustainable growth is pivotal. Such research is instrumental not only for the success of start-ups but also for realizing the broader social functions and contributions that these enterprises can offer. Previous research has often examined new product market-entry strategies, often referred to as new product marketing, particularly for large companies and SMEs. However, there is a gap in studies focusing on prototype marketing strategies specific to start-ups. Thus, this study aims to examine the impact of Pre-announcing marketing strategies on the market attention garnered by start-ups with low recognition and limited infrastructure, and how such attention contributes to their sustainable growth. Specifically, the study aims to uncover the causal relationship between information attributes like relevance, vividness, and novelty in building customer relationships, and their impact on purchase intentions influenced by performance expectations and hedonic motivations. In terms of Pre-announcing information attributes, relevance, vividness, and novelty positively influence performance expectations and hedonic motivations as outlined in the extended Unified Theory of Acceptance and Use of Technology (UTAUT2). These factors, in turn, positively impact the purchase intention for pre-announced new products from start-ups. These findings are expected to provide both theory and practical insights into the factors influencing market entry through the use of Pre-announcing marketing strategies for start-up new products.

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Literature Review on Applying Digital Therapeutic Art Therapy for Adolescent Substance Addiction Treatment (청소년 마약류 중독 치료를 위한 디지털치료제 예술치료 적용을 위한 문헌연구)

  • Jiwon Kim;Daniel H. Byun
    • Trans-
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    • v.16
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    • pp.1-31
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    • 2024
  • The advent of digital media has facilitated easy access for adolescents to environments conducive to the purchase of narcotics. In particular, there's an increasing trend in the purchase and consumption of narcotics mediated through Social Network Services (SNS) and messenger services. Adolescents, sensitive to such environments, are at risk of experiencing neurological and mental health issues due to narcotic addiction, increasing their exposure to criminal activities, hence necessitating national-level management and support. Consequently, the quest for sustainable treatment methods for adolescents exposed to narcotics emerges as a critical challenge. In the context of high relapse rates in narcotic addiction, the necessity for cost-effective and user-friendly treatment programs is emphasized. This study conducts a literature review aimed at utilizing digital platforms to create an environment where adolescents can voluntarily participate, focusing on the development of therapeutic content through art. Specifically, it reviews societal perceptions and treatment statuses of adolescent drug addiction, analyzes the impact of narcotic addiction on adolescent brain activity and cognitive function degradation, and explores approaches for developing digital therapeutics to promote the rehabilitation of the addicted brain through analysis of precedential case studies. Moreover, the study investigates the benefits that the integration of digital therapeutic approaches and art therapy can provide in the treatment process and proposes the possibility of enhancing therapeutic effects through various treatment programs such as drama therapy, music therapy, and art therapy. The application of art therapy methods is anticipated to offer positive effects in terms of tool expansion, diversification of expression, data acquisition, and motivation. Through such approaches, an enhancement in the effectiveness of treatments for adolescent narcotic addiction is anticipated. Overall, this study undertakes foundational research for the development of digital therapeutics and related applications, offering economically viable and sustainable treatment options in consideration of the societal context of adolescent narcotic addiction.

Perceptional Change of a New Product, DMB Phone

  • Kim, Ju-Young;Ko, Deok-Im
    • Journal of Global Scholars of Marketing Science
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    • v.18 no.3
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    • pp.59-88
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    • 2008
  • Digital Convergence means integration between industry, technology, and contents, and in marketing, it usually comes with creation of new types of product and service under the base of digital technology as digitalization progress in electro-communication industries including telecommunication, home appliance, and computer industries. One can see digital convergence not only in instruments such as PC, AV appliances, cellular phone, but also in contents, network, service that are required in production, modification, distribution, re-production of information. Convergence in contents started around 1990. Convergence in network and service begins as broadcasting and telecommunication integrates and DMB(digital multimedia broadcasting), born in May, 2005 is the symbolic icon in this trend. There are some positive and negative expectations about DMB. The reason why two opposite expectations exist is that DMB does not come out from customer's need but from technology development. Therefore, customers might have hard time to interpret the real meaning of DMB. Time is quite critical to a high tech product, like DMB because another product with same function from different technology can replace the existing product within short period of time. If DMB does not positioning well to customer's mind quickly, another products like Wibro, IPTV, or HSPDA could replace it before it even spreads out. Therefore, positioning strategy is critical for success of DMB product. To make correct positioning strategy, one needs to understand how consumer interprets DMB and how consumer's interpretation can be changed via communication strategy. In this study, we try to investigate how consumer perceives a new product, like DMB and how AD strategy change consumer's perception. More specifically, the paper segment consumers into sub-groups based on their DMB perceptions and compare their characteristics in order to understand how they perceive DMB. And, expose them different printed ADs that have messages guiding consumer think DMB in specific ways, either cellular phone or personal TV. Research Question 1: Segment consumers according to perceptions about DMB and compare characteristics of segmentations. Research Question 2: Compare perceptions about DMB after AD that induces categorization of DMB in direction for each segment. If one understand and predict a direction in which consumer perceive a new product, firm can select target customers easily. We segment consumers according to their perception and analyze characteristics in order to find some variables that can influence perceptions, like prior experience, usage, or habit. And then, marketing people can use this variables to identify target customers and predict their perceptions. If one knows how customer's perception is changed via AD message, communication strategy could be constructed properly. Specially, information from segmented customers helps to develop efficient AD strategy for segment who has prior perception. Research framework consists of two measurements and one treatment, O1 X O2. First observation is for collecting information about consumer's perception and their characteristics. Based on first observation, the paper segment consumers into two groups, one group perceives DMB similar to Cellular phone and the other group perceives DMB similar to TV. And compare characteristics of two segments in order to find reason why they perceive DMB differently. Next, we expose two kinds of AD to subjects. One AD describes DMB as Cellular phone and the other Ad describes DMB as personal TV. When two ADs are exposed to subjects, consumers don't know their prior perception of DMB, in other words, which subject belongs 'similar-to-Cellular phone' segment or 'similar-to-TV' segment? However, we analyze the AD's effect differently for each segment. In research design, final observation is for investigating AD effect. Perception before AD is compared with perception after AD. Comparisons are made for each segment and for each AD. For the segment who perceives DMB similar to TV, AD that describes DMB as cellular phone could change the prior perception. And AD that describes DMB as personal TV, could enforce the prior perception. For data collection, subjects are selected from undergraduate students because they have basic knowledge about most digital equipments and have open attitude about a new product and media. Total number of subjects is 240. In order to measure perception about DMB, we use indirect measurement, comparison with other similar digital products. To select similar digital products, we pre-survey students and then finally select PDA, Car-TV, Cellular Phone, MP3 player, TV, and PSP. Quasi experiment is done at several classes under instructor's allowance. After brief introduction, prior knowledge, awareness, and usage about DMB as well as other digital instruments is asked and their similarities and perceived characteristics are measured. And then, two kinds of manipulated color-printed AD are distributed and similarities and perceived characteristics for DMB are re-measured. Finally purchase intension, AD attitude, manipulation check, and demographic variables are asked. Subjects are given small gift for participation. Stimuli are color-printed advertising. Their actual size is A4 and made after several pre-test from AD professionals and students. As results, consumers are segmented into two subgroups based on their perceptions of DMB. Similarity measure between DMB and cellular phone and similarity measure between DMB and TV are used to classify consumers. If subject whose first measure is less than the second measure, she is classified into segment A and segment A is characterized as they perceive DMB like TV. Otherwise, they are classified as segment B, who perceives DMB like cellular phone. Discriminant analysis on these groups with their characteristics of usage and attitude shows that Segment A knows much about DMB and uses a lot of digital instrument. Segment B, who thinks DMB as cellular phone doesn't know well about DMB and not familiar with other digital instruments. So, consumers with higher knowledge perceive DMB similar to TV because launching DMB advertising lead consumer think DMB as TV. Consumers with less interest on digital products don't know well about DMB AD and then think DMB as cellular phone. In order to investigate perceptions of DMB as well as other digital instruments, we apply Proxscal analysis, Multidimensional Scaling technique at SPSS statistical package. At first step, subjects are presented 21 pairs of 7 digital instruments and evaluate similarity judgments on 7 point scale. And for each segment, their similarity judgments are averaged and similarity matrix is made. Secondly, Proxscal analysis of segment A and B are done. At third stage, get similarity judgment between DMB and other digital instruments after AD exposure. Lastly, similarity judgments of group A-1, A-2, B-1, and B-2 are named as 'after DMB' and put them into matrix made at the first stage. Then apply Proxscal analysis on these matrixes and check the positional difference of DMB and after DMB. The results show that map of segment A, who perceives DMB similar as TV, shows that DMB position closer to TV than to Cellular phone as expected. Map of segment B, who perceive DMB similar as cellular phone shows that DMB position closer to Cellular phone than to TV as expected. Stress value and R-square is acceptable. And, change results after stimuli, manipulated Advertising show that AD makes DMB perception bent toward Cellular phone when Cellular phone-like AD is exposed, and that DMB positioning move towards Car-TV which is more personalized one when TV-like AD is exposed. It is true for both segment, A and B, consistently. Furthermore, the paper apply correspondence analysis to the same data and find almost the same results. The paper answers two main research questions. The first one is that perception about a new product is made mainly from prior experience. And the second one is that AD is effective in changing and enforcing perception. In addition to above, we extend perception change to purchase intention. Purchase intention is high when AD enforces original perception. AD that shows DMB like TV makes worst intention. This paper has limitations and issues to be pursed in near future. Methodologically, current methodology can't provide statistical test on the perceptual change, since classical MDS models, like Proxscal and correspondence analysis are not probability models. So, a new probability MDS model for testing hypothesis about configuration needs to be developed. Next, advertising message needs to be developed more rigorously from theoretical and managerial perspective. Also experimental procedure could be improved for more realistic data collection. For example, web-based experiment and real product stimuli and multimedia presentation could be employed. Or, one can display products together in simulated shop. In addition, demand and social desirability threats of internal validity could influence on the results. In order to handle the threats, results of the model-intended advertising and other "pseudo" advertising could be compared. Furthermore, one can try various level of innovativeness in order to check whether it make any different results (cf. Moon 2006). In addition, if one can create hypothetical product that is really innovative and new for research, it helps to make a vacant impression status and then to study how to form impression in more rigorous way.

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A Study of the Attitude of/and Problems Encountered by Senjor Home Economist Toward the Integration of Family Planning Education in the Korean Formal School System (가정학교육 영역에서의 인구교육문제에 관한 조사연구 -선임가정학자들을 대상으로-)

  • 김지화
    • Journal of the Korean Home Economics Association
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    • v.19 no.3
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    • pp.83-101
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    • 1981
  • Under the full consideration of the growing need and importance of population education in the field of home economics in Korea, the study was carried out to verify and assess the following facts on the current issues of population education of home economists who are presently engaging in teaching professions as the teachers of middle and high school and professors of college and universities by setting its primary objectives of the study as followings; 1) to assess the degree of general knowledge and attitudes of home economists toward population education in the field of home economics, 2) to verify the problems encountered in implementing population education by home economists in its field, 3) to find an existing status of previous trainings received and other activities of population education of home economists aimed at utilizing these findings as a part of reference materials when the population education is conducted in the field of home economics. In order to attain these objectives described above, the questionnaire was carefully designed to house a total of 40 questions with good combination of multiple-choice and the simple answer questions. The mail questionnaire survey was conducted by establishing teachers of home economics at middle/high schools and college/universities as Senior Home Economists(SHE) who are from public, private liberal arts and vocational schools. The rate of response observed during the survey was 45.6 percent and the findings of the survey research are as follows: 1) Examining the status of the respondents by residence and religion, it was found that 45 percent of middle & high school teachers ar.d 59. 1 percent of college professors are residing in Seoul city area and that the largest percent of them are christian in their religion. Analyzing respondents by their ages, 56 percent of middle/high school teachers are in their 30s, 45 percent of college professors are in their 40s, and 37 percent of college teachers are in their 30s. In addition, 13 percent of the total respondents are found to be unmarried. The study also revealed that 71 percent of the college professors finished Master Degree course and 82 percent of middle/high school teachers are graduated from college level lasting 4 years. Looking over the status cf major fields of respondents, 68.4 percent of middle/high school teachers are specialized in home economic education and the college professors, on the other hand, show relatively even prortion by specializing in the order of food & nutrition science, clothes & textile science and home managerial science. As far as the length of teaching experience is concerned, a relatively longer period of teaching experience is observed in the college professors in comparison with that of middle/high school teachers. In other words, 33.3 percent of middle/high school teachers are experienced in teaching from 6 to 10 years on average while 43.9 percent of college professors show more than 16 years of experience. 2) Examining the status of existing number of children cf the respondents, one boy and one daughter pattern is predominant, showing 28.5 percent in middle/high school teachers and 21.1 percent in college professors. As for the desired number of children of unmarried respondents, it is observed that 43.8 percent of middle/high school teachers desire to have one boy and one girl, and 31.3 percent of college professors want to have one child regardless of the sex. By assessing the degree of awareness of the population education through their students, it is observed that 53 percent of middle/high school teachers and 50 percent of college professors are aware of population education in some extent and that a majority of respondents took the positive attitudes toward an inclusion of family planning components into the formal school education. Another noteworthy to observe is that a total of 84.8 percent out of middle/high school teachers pointed that the population education currently conducted at schools as a part of home economics are less sufficient than it should be. 3) Analyzing the tendency as to whether the respondents were experienced in receiving population education during the time when they were students, 75 percent of college professors and 59 percent of middle/high school teachers responded negative answers in the survey. In the mean time, a total of 50 percent of the respondents replied that they began to acknowledge the importance of population education mainly through the participation of some sort of population-education orientend seminars, experienced by 40 percent of college professors and 80 percent of middle/high school teachers. 4) What it calls attention in this study was to find that 96.5 percent of middle/high school teachers and 72 percent of college professors conduct population education to some extent during their lecture hours and that more than 80 percent of them are never experienced in teaching population and family planning contents in their regular classes. It is, on the other hand, found that no more than once was the response of those who believe themselves that they are experienced in teaching these relevant components to their students. Analyzing the contents of the subjects being taught in the class, a large percent of them are found to be consisted of population and family planning contents. According to this study, the current population education through the formal school is quite inactive. Analyzing the facts, 44.9 percent of the college professors responded that the population and family planning components are quite apart from their specialization which eventually generates lack of interest in the field. 5) It is also noticed through the study that the degree of frequency of commenting on population and family planning contents during the classes was depending significantly on their specializations which means that the degree of frequency varies from a major to another. Those who majored in home managerial science was the first one, as compared to others who majored in different specializations. Glancing over the status of correlations between ages of the respondents and numbers of seminar paticipation, it is quite clear that the aged group participated more than the younger group did, and that the most highest number of participations made by college professors were those who are in 50s. In addition, it is also found that those who are aged 20s and 60s of the respondents were the group who comments least on the contents of population and family planning at their classes. The suggestions and recommendation made through this survey research are as follows. 1) No one denies that the rapid increase of population, as compared to the limited size of land and resources, will certainly affect adversly to an enhancement of individual life quality which will, eventually, bring forth the poverty of the nation. This is the reasson why we are insisting that the world population be controlled up to an optimum level with a matter of global concerns. It is our understading that the primary aim for reducing number of population is believed to be attained only by conducting the systematic and comprehensive population education through the formal schools. Therefore, the role of home economists in the field of population/family planning education is considered very importment due to the fact that an ultimate goal of population education is placed in elevating the quality of family life by having optimum number of children through family planning program. 2) It is quite clear that home economists as teachers of formal school in all level are invited to pay their attention on redefining the ultimate goal of education and that of population education. We also understant that the primary objective of population education is to change the norm and value of the clients by replenishing the students with pertinent knowledge and attitudes on population and its related problems through a sort of education in order to attain the ultimate goal for enhancing the quality of life. There is no exception in the theory of home economics. An altimate goal of home economics is to elevate the general quality of life through an establishment of value existed in daily life. Considering the relations between population education and home economics, it is quite indespensable to bandle population components as an integral part in the field of home economics. We believe, therefore, that the senior home economists positive participation in the effort population control is more needed than it has been. 3) It is also strongly urged that population education should be a part of instructor training course for home economics. In other words, the teacher of home economics should be well aware of population and its problems by teaching interrelationship between population education and home economics, needs, contents and methods of population education during the instructor training courese for home economics. In addition, the senior home economists should be encouraged through positive participation on the short term training by types of domestic and international seminar, workshop, etc. 4) We certainly believe that the population education can not sustain itself without any backing-up of information and findings' of various and comprehensive researches of natural and social sciences. Accordingly, every senior home economist is invited to exert their maximum effort to conduct systematic study with an aim to utilize these findings and information at best in population education in the field of home economics. Therefore, we consider that the development of training material is imminent in order to provide effective and efficient population education through the for training of home economies. It should be noted that these training materials must be carefully designed, tailored and developed to meet the different classes of trainees under the considerations as to whether it is easily adaptable and infusable into the curricula of every field of home economics, and it is acceptable in the degree of difficulty and quality in its contents. 5) It is true that there are many domestic and international research rapers, reports and findings in the field of population education and family planning. However, there is a tendency that the most of research papers are heavily relying on the authors intension and preferences in its expression and publication. Under these circumstances, it is urged that the home economists should aware of the growing need of the technical training in order to keep these available information and research findings reprocessed and redesigned to insure the practical application into the population education in the field of home economics in Korea.

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Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • 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.

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