• Title/Summary/Keyword: Space organization

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Evaluation of Ecological quality and establishment of ecological restoration guideline in landscape level of Mt. Moodeung National Park (무등산국립공원의 생태적 질 평가 및 복원 가이드라인 수립)

  • Lim, Chi Hong;Park, Yong Su;An, Ji Hong;Jung, Song Hie;Nam, Kyeong Bae;Lee, Chang Seok
    • Korean Journal of Ecology and Environment
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    • v.49 no.4
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    • pp.296-307
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    • 2016
  • Ecological restoration is an eco-technology, which heals the nature damaged by human activity by imitating organization and function of the integrate nature and thereby provide an inhabitable space for diverse organisms. Such an ecological restoration has to be carried out by applying restoration plan prepared based on the results of diagnostic evaluation discussed in the diversified respects. This study aims to prepare an ecological restoration plan of the damaged forest ecosystem in Mt. Moodeung National Park. To arrive at the goal, first of all, we diagnosed quality of forest landscape established in Mt. Moodeung National Park based on natural (topography, climate, and distribution of vegetation) and artificial (land use, linear landscape element) factors. In addition, we evaluated the integrity of each zone divided by linear landscape element quantitatively based on geometric property and land use intensity. As the result of analysis, topography of Mt. Moodeung National Park tended to be depended on weathering property of parent rock and vegetation zones were divided to three vegetation zones. Based on land use pattern, deciduous broad-leaved forest, evergreen needle-leaved forest, and mixed forest occupied about 90% of Mt. Moodeung National Park. Mean score of forest landscape quality was shown in $69.86{\pm}11.41$. As a result, forest landscape elements in Mt. Moodeung National Park were influenced greatly by human activity and the degree was depended on topographic condition. This study suggested the synthetic restoration plan to improve ecological quality of Mt. Moodeung National Park based on the results of diagnostic evaluation.

A Study on the Space Organization and Garden Language of Mongsimjae in Namwon (남원 몽심재(夢心齋)의 정원구성과 조형언어 해석)

  • Rho, Jae-hyun;Choi, Yung-hyun;Shin, Sang-sup
    • Korean Journal of Heritage: History & Science
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    • v.47 no.1
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    • pp.32-45
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    • 2014
  • In this study, the characteristics of Mongsimjae in Namwon-si, Jeollabuk-do have been researched focusing on the writings engraved in huge stones and rocks of pavilion standing beside a lotus pond and its formative languages in the garden has been interpreted as follows. Name of pavilion(堂號) Mongsimjae(夢心齋) includes a classical scholar's spirit, refusing to serve two kings and homecoming after resignation from a government office(歸去來) of Songam(松菴) Park Moonsu(朴門壽), an ancestor who has brought to the Juksan(竹山) Park's family again. A pavilion standing beside a lotus pond(蓮塘) built in the reception garden is a gardening facility symbolizing 'Yeondang(蓮堂)' Park Dongsik(朴東式) who built Mongsimjae. The bamboo hill connected to the backyard seems to be relevant to 'Juksan', the family clan of Mongsimjae's owner and this kinds of intention can be found in the bamboos in the outer garden naturally led to inside the garden through the flower beds. The purpose for the western arrangement of the main building and gate contrary to the 'chukjwamihyaug'(丑坐未向; a direction toward to the south-southwest) of the prospect of Sarangchae(guesthouse) is interpreted to naturally attract people's eyes to the pavilion standing beside a lotus pond and to mitigate the sense of closure resulting from the huge stones located in the reception garden. Also the writing engraved in the three huge stones, 'Jonsimdae(存心臺)', implies that it is a place where was selected with heart by Juksan Park family who settled down in Homsil, Namwon after 'Haengchon(杏村) Park Jaryang(朴子良)' in Yiphyangjo(入鄕祖), Namwon and 'Jeongwa(靖窩)' is interpreted as a signature representing that it is the most comfortable house where Jeongwa Park Haechang(朴海昌: 1876~1933), the third owner of Mongsimjae, has lived. The pavilion standing beside a lotus pond of the 'Bangjibangdo(方池方島; square pond and square island)' type has no lotus for now and waterside cornerstones roughly piled with broken stones naturally mitigate the slope. There are two water inflows gathering rainwater in the reception garden other than the water inflow of valley and the upper-side water inflow was built using a high waterfall method. The middle island cut into a square was designed to use in two ways, as 'island' or 'steppingstone', according to the water level and the old name of the pavilion standing beside a lotus pond was revealed as 'Cheonundam(天雲潭)' from the engraved writing located in the side of the middle island. In addition, 'Imni(臨履)', engraved writing in the finishing stone of waterside by citing a line of 'Sigyeong(詩經)', implies 'Be a upright classical scholar who pays close attention to one's own behaviors' and 'Jeongchuk(渟?)' is interpreted as a message that desires the eternal staying of the Juksan Park family's wealth. Ultimately, the writings engraved in the huge stones and rocks of the pavilion standing beside a lotus pond are interpreted as a symbol language that wishes the heaven protects and maintains the wealth of the Juksan Park family who is the owner of Mongsimjae.

A Study on Major Safety Problems and Improvement Measures of Personal Mobility (개인형 이동장치의 안전 주요 문제점 및 개선방안 연구)

  • Kang, Seung Shik;Kang, Seong Kyung
    • Journal of the Society of Disaster Information
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    • v.18 no.1
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    • pp.202-217
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    • 2022
  • Purpose: The recent increased use of Personal Mobility (PM) has been accompanied by a rise in the annual number of accidents. Accordingly, the safety requirements for PM use are being strengthened, but the laws/systems, infrastructure, and management systems remain insufficient for fostering a safe environment. Therefore, this study comprehensively searches the main problems and improvement methods through a review of previous studies that are related to PM. Then the priorities according to the importance of the improvement methods are presented through the Delphi survey. Method: The research method is mainly composed of a literature study and an expert survey (Delphi survey). Prior research and improvement cases (local governments, government departments, companies, etc.) are reviewed to derive problems and improvements, and a problem/improvement classification table is created based on keywords. Based on the classification contents, an expert survey is conducted to derive a priority improvement plan. Result: The PM-related problems were in 'non-compliance with traffic laws, lack of knowledge, inexperienced operation, and lack of safety awareness' in relation to human factors, and 'device characteristics, road-drivable space, road facilities, parking facilities' in relation to physical factors. 'Management/supervision, product management, user management, education/training' as administrative factors and legal factors are divided into 'absence/sufficiency of law, confusion/duplication, reduced effectiveness'. Improvement tasks related to this include 'PM education/public relations, parking/return, road improvement, PM registration/management, insurance, safety standards, traffic standards, PM device safety, PM supplementary facilities, enforcement/management, dedicated organization, service providers, management system, and related laws/institutional improvement', and 42 detailed tasks are derived for these 14 core tasks. The results for the importance evaluation of detailed tasks show that the tasks with a high overall average for the evaluation items of cost, time, effect, urgency, and feasibility were 'strengthening crackdown/instruction activities, education publicity/campaign, truancy PM management, and clarification of traffic rules'. Conclusion: The PM market is experiencing gradual growth based on shared services and a safe environment for PM use must be ensured along with industrial revitalization. In this respect, this study seeks out the major problems and improvement plans related to PM from a comprehensive point of view and prioritizes the necessary improvement measures. Therefore, it can serve as a basis of data for future policy establishment. In the future, in-depth data supplementation will be required for each key improvement area for practical policy application.

A Study on Prototype Landscape of Mujang-Eupchi(茂長邑治) during Joseon Dynasty (조선시대 무장읍치(茂長邑治)의 원형경관 고찰)

  • Sim, Soon-hee;Song, Suk-ho;Kim, Choong-sik
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.40 no.1
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    • pp.1-14
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    • 2022
  • This study focused on examining the location characteristics of Mujang-Eupchi(茂長邑治), a traditional city of Joseon Dynasty, and shedding light on its prototype landscape. The findings were summarized as follows: Mujang-Eupchi showed a Confucian space system with Munmyo(文廟) within Hyanggyo(鄕校) in the east, Sajikdan(社稷壇) in the west, Seonghwangsa(城隍祠) in the fortress and Yeodan(厲壇) and Seonghwangdan(城隍壇) in Jinsan(鎭山) in the north around the Mujang-Eupseong(茂長邑城), an old fortress, built in the 17th year of King Taejong(1417). It seemed that Seonghwangdan located in Jinsan maintained a coexistence system with Seonghwangsa(城隍祠) within the Eupseong. A Pungsu(風水) stream in a V-shape ran before the southern gate of Eupseong, forming a Sugu(水口) in front of Namsan(南山) that was an Ansan(案山). They dug a southern pond called Hongmunje(紅門堤) to protect the vitality of the village and built Gwanpungjeong(觀豊亭). In the 19th century, Hongmunje and Gwanpungjeong were renamed into Muheungje(茂興堤) and Muheungdang(茂興堂), respectively. Eupsu(邑藪) were planted in front of the southern pond including Wondo(圓島), and Songdeokbi(頌德碑), Dangsanmok(堂山木), and Dangsanseok(堂山石) served as a Sugumagi(水口막이) and protected the entrance of Eupchi. After the Liberation, the southern pond was buried in 1955, and a market was formed at the site, which resulted in the disappearance of its prototype. The study also investigated the name and location of Chilgeori(七거리) in the village as it was lost following the unification of Bu(府), Gun(郡), and Myeon(面) titles in 1914 during the Japanese colonial period. Chilgeori Dangsan was based on Yin and Yang theory and became the subject of the organization mainly composed of Grandfather Dangsan menhir and Grandmother Dangsan tree. Chilgeori Dangsan was a religious place of the community to guard the village, serving as seven gateways to control access at the village boundary and it had a locational feature of protecting the inner mountain ranges of Eupchi.

The Direction of Development of Leisure and Tourism Contents in Connection with Osaek District (강원도 오색지구 레저·관광 콘텐츠 개발 방향)

  • Lee, Gye-Young;Kim, Tae-Dong
    • Journal of Korea Entertainment Industry Association
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    • v.13 no.7
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    • pp.307-319
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    • 2019
  • This study aims to provide the basic materials for the development of leisure and tourism contents in connection with Osaek cableway for the revitalization of Osaek District. For such a purpose, the following policy directions were presented through the analysis of the present situation and conditions of Osaek District, the direction of development of leisure and tourism contents of Osaek District, etc. The first is increasing the participation of local residents and reinforcing their capabilities. The suggested promotion plans are ① establishing organizational system and strengthening support, ② reinforcing the capabilities of local residents and ③ constructing networks with external human resources. The second is setting the guidelines for contents development. It was proposed to prepare contents for leisure experience using the natural environment of Osaek District in response to the trend of increase of people who enjoy "contents using culture and arts" and leisure. The third is typological approach to contents. It was proposed to develop cultural contents with the theme of Osaek such as "Osaek Light Festival", "Osaek Concert", "Osaek Photo Exhibition" and "Osaek Good Men and Women Contest" for the promotion of the brand of the place name of Osaek and the creation of the "Picture Book Village" for the compilation of the history and culture of Osaek District with pictures. The fourth is securing marketing channels. For this, it was proposed to produce the website of Yangyang County or a website tentatively named as "Osaek-ri with Beautiful Osaek" and introduce an integrated travel product (transportation + lodging + foods + experience (hot spring, mineral water therapy, leisure experience, etc.) + purchasing local specialty products, etc.) composed of the leisure and tourism contents, transportation, lodging, foods, etc. of Osaek District through travel agencies. The final policy direction presented was phased implementation of the development and operation of the contents. Proposed policies include support of a consulting project to upgrade the organization of local residents; implementation of "Tourism Dure (Cooperative)" project for the solution of the problem of tourism in Osaek District by the residents themselves together using the space of culture and arts made by remodeling idle public and private facilities after benchmarking exemplary places; system improvement for the introduction of leisure and tourism contents appropriate for local conditions; and the establishment of a master plan for the introduction of various leisure and tourism contents in Osaek District.

Burqanism from the Origin of the Pastoral Nomadic Koryo Region and the Vision of Korean Livestock Farming (고려의 원시영역 유목초지, 그 부르칸(불함)이즘과 한국축산의 비전)

  • Chu Chae Hyok
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.25 no.1
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    • pp.71-82
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    • 2005
  • Khori(高麗) refers to the Chaabog(reindeer) that live on lichens(蘚) on Mt. Soyon(鮮) in which pastures are the cold and dry plateau of North Eurasia. Thus, the origin region of the Khori or Koguryo that are the ancestors of the reindeer-herding pastoral nomads(馴鹿 遊牧民) can be said to be the Steppe-Taiga-Tundra pastoral areas of North Eurasia and North America. When the pastoral nomads moved on to the great mountain(大山) zone of the Jangbaek(長白) to the Baekdu(白頭) Mountains, they could have been in contact with pastoral farmers or agricultural farmers living there and they became the farmers remaining on agricultural farms. They were the Koryo people, the ancestors of Korea. Staying in one place, they gradually forgot the origin of their reindeer-herding pastoral nomadic history in the Northwest area of Mt. Soyon, the small mountain(小山) zone of the Steppe-Taiga-Tundra pastoral areas. In other words, they lost their identity as reindeer-herding pastoral nomads when they entered the agricultural area after leaving the pastoral area. However, since their basic genes had already formed when they lived on the cold and dry plateau of North Eurasia, it is possible to study their pastoral nomadic history focusing on 'the minority living in the broad area(廣域少數)', by utilizing highly advanced biotechnological science and focusing on genes and information technology innovation, and removing various past hindrances in research. Therefore, it is not so difficult to restore the reindeerherding pastoral nomadic history of the Koguryo(高句麗) people and secure their pastoral nomadic identity, of which the first steps have already been taken into their historical stages. The Eurasian continent and the Korean peninsula, especially the cold and dry plateau of North Eurasia and the Korean peninsula have been closely related to each other ecologically and historically. They can never be a separate space at all. The Eurasian continent lies horizontally east to west and thus, the continent forms an isothermal zone. Also, since the time of producing their own foods, it was relatively easy for people with their technology to move to other places owing to the pastoral nomadic characteristic of mobility. Unlike the Chungyen(中原) region, western Asia and the regions covering the Siberia-Manchu-Korean peninsula where food production revolution was first made were connected to the Mongolian lichens route(蘚苔之路: Ni, ukinii jam) and steppe roads. Although the ecological conditions of nature have changed a bit throughout a long history, it was natural for the many tribes in North Asia living on the largest Steppe-Taiga-Tundra area in the world to have believed 'the legends related to animals in relation to their founders and ancestors(獸祖傳說)'. Assuming that Siberian tigers and the tigers living on Mt. Baekdu were connected ecologically and genetically because of the ecological characteristics of the animals, and their migration from plateau to plateau, we would suspect that the Chosun(朝鮮) tribe living on Mt. Baekdu were ethnically and culturally more closely connected to the farther removed Ural-Altai tribes that lived on the cold and dry plateau region than to the Han(i14;) tribe who lived in Chungyen(中原) that was close to Mt. Baekdu. More evidence is the structure of the Korean language which has the form of 'Subject + Object + Verb', which is assumed to have originated from the speedy lifestyle of the reindeer-herding pastoral nomads. The structure is quite different from that of the Han(漢) language, which is based on agricultural life. Also, it is natural for reindeer riding reindeerherding pastoral nomads or horse-riding sheep-herding pastoral nomads(騎馬, 羊遊牧民) to have held military and political power over the region and eventually to have established an ancient pastoral nomadic empire in the process of their conquest of agricultural regions. The stages for founding global empires in the history of mankind maybe largely divided into two, in terms of ecological conditions and occupations. They are the steppes and the oceans. Of course, the steppe-based empires were established based on the skills to deal with horses and the ability to shoot arrows while riding horses, along with the use of iron ware in the 8th century BC. The steppe-based empires became the foundation for an oceanic empire, which could have been established by the use of warships and warship guns since the 15th Century. Based on those facts, we know that Chosun, Puyo(夫餘), and Koguryo are the products of a developmental process of pastoral nomadic empires on the steppes. Maybe we can easily find the pastoral nomadic identity of the Koguryo more than we expected when we trace the origins and history of the Korean tribe living in the pastures located in the northwest area of Mt. Jangbaek by focusing on pastoral nomadic mobility and organization just as we have investigated the historic origins of Anglo-Saxons in America by focusing on the times before the 15th Century. In the process, we should keep in mind that English culture originated from the Industrial Revolution and was directly delivered to the American continent, although America was far from England and was not an intermediate point on long sojourns either. Further, American culture came back to England in a more advanced form later. The most important thing currently to be resolved is to cause Koreans to look back on their own history in a freer way of thinking and with diverse, profound, and sharp insight, taking away the old and existing conventional recognition that is entangled with complicated interests with Korean people and other countries. The meanings of Chosun, Khori, and Solongos have been interpreted arbitrarily without any historic evidence by the scholars who followed conventional tradition of fixed-minded aristocrats in an agricultural society. If the Siberian cultural properties of the stone age, the earthenware age, the bronze age, and the iron age are analyzed in such a way, archaeological discovery will never be able to contribute to the restoration of the Koguryo's pastoral nomadic identity. One should transcend the errors that tend to interpret the cultural properties discovered in the pastoral nomadic regions as not being differentiated from those of agricultural regions and just interpret them altogether from the agricultural point of view. A more careful intention is required in the interpretation of cultural properties of ancient Korean empires that seem to have been formed due to mutual interactions of pastoral nomadic and agricultural cultures. Also, it is required that the conventional recognition chain of 'reverse-genes' be severed, which has placed more weight on agricultural properties than pastoral nomadic ones, since their settlement on agricultural farms was made after the establishment of their ancient pastoral nomadic empires. There is no reason at all to place priority on stoneware, earthenware, bronze ware, and iron ware than on wooden ware(木器) and other ware which were made of animal skins(皮器), bones and horns(骨角器), in analyzing the history in the regions of reindeer or sheep pastures. Reading ancient Korean history from the perspective of pastoral nomadic history, one feels strongly the instinctive emotions to return to the natural 'mother place'. The reindeer-herding pastoral nomadic identity of the Koguryo people that has been accumulated in volumes in their genes and hidden deep inside and have interacted organically could be reborn with Burqanism(Burqan refers to 不咸 in Chinese), which was their religion by birth and symbolized as the red willow(紅柳=不咸). The mother place of the Koguryo's people is the endless vast green pastures of North Eurasia and North America, where we anticipated the development of Korean livestock farming following the inherent properties in the genes of the reindeer-herding pastoral nomads with Korean ancestors. We anticipate that the place would be the core resource that could contribute to the development of life of living creatures following the inherent properties of their genes and biotechnological factors. In other words, biotechnology used for a search for clues on the well-being of humans could be the fruit brought by Burqanism of the Koguryo people and the fruit of the globalization of Korean livestock farming. It is the Chosun farmer in China come from the vast nomadic reindeer pastures of North Eurasia that resolved the food problem of a billion Chinese people with lowland paddy rice seeds (水稻) by transforming Heilongjiang Province(黑龍江省) into an oceanic lowland paddy rice field(水田). Even Mao Tse-tung(毛擇東) could not resolve the food problem by his revolution campaigns for tens of years. Today is the very time that requires the development of special livestock farming following the inherent properties of the ancient Korean reindeer-herding pastoral nomads that respected the dignity of life on the cold and dry plateau of North Eurasia and the America continent. I suggest that research should be started from the pastures of the Dariganga Steppe in East Mongolia that was the homeland of Hanwoo(韓牛) and the central horse-herding steppe place(牧馬場) of Chingis Khan's Mongolia. The Dariganga Steppe is awash with an affluent natural environment for pastoral nomadic living however, the quality of life of the pastoral nomads there is still low. I suggest we Koreans, the descendents of the Koguryo, should take our first steps for our livestock farming business project and develop the Northern nomadic pastures, here at the pastures of the Dariganga Steppe, which is the Mongolian core place of state-of-the-art technology for military weapons.

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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