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Bibliographic Study on 『ChungMinKongKeicho (忠愍公啓草)』 by YI Sun-sin (이순신의 『충민공계초(忠愍公啓草)』에 대한 서지적 고찰)

  • Ro, Seung-Suk
    • Korean Journal of Heritage: History & Science
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    • v.49 no.2
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    • pp.4-19
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    • 2016
  • Jangkei(狀啓) made to the Royal Court by Yi Sun-sin during the Japanese invasions of Korea is handed down under the names of Jangcho(狀草), Keicho(啓草), Keibon(啓本) and others depending on copying patterns of those times and later times as it was copied out by a third person. In particular, "YimjinJangcho(壬辰狀草)" which Yi drew up during his service as the director of the naval forces in Jeolla Jwasooyeong is known as the most popular Jangkei. "ChungMinKongKeicho" which has been re-located recently after loss is a national treasure level cultural property as valuable as "YimjinJangcho" and should be treated as a model of Yi Sun-sin's other Jangkeis by next generations. As of now, however it is not confirmed if it is a totally new book related to Yi Sun-sin or is supplementary to the lost Jangkei, this study decided to ascertain relevant information through a bibliographic discussion on the question. "Chungmin(忠愍)" was the title that was used after the death of Yi Sun-sin, and "ChungMinKongKeicho" was completed when Jangkei was copied in 1662. 12 books that would not be found in YimjinJangcho are included in the book and such books are also present in the Jangkei supplement which has been known lost so far. What should be especially focused on here is that the forms and contents of these (11) photographs that Japanese shot from "ChungMinKongKeicho" in 1928 turned out to be completely identical to those of the original copy. The point that Korean History Compilation Committee added the 12 books to Jangkei as referring to the book as "One Keicho(啓草) partially copied(抄寫) in separation" and that Cho Sung-do categorized the 12 books into a supplement and others can be solid proofs to make the Jangkei supplement called "ChungMinKongKeicho". In terms of "ChungMooKongKeicho", since it consists of 62 books in total, it is not reasonable to see the book as Jangkei supplement which has the extra 12 more books for itself. "ChungMooKongKeibon" in "ChungMooKongYusa" was written with a total of 16 books. In the body, Yidumun is only clearly present, and the three books in the later part are same with the original copy of "ChungMooKongKeicho". "YimjinJangcho" by Korean History Compilation Committee has been the only book in which Yidumun was observed so far but now, it is assumed that the publication date of "ChungMooKongKeibon" goes before that of the former. The counterargument to the opinion that "ChungMinKongKeicho" is the supplement to Jangkei is based on Lee Eun-sang's comment "One page of a log in the Jangkei copy supplement." At first Seol Ui-sik introduced a piece photo of the rough draft of "MoosulIlki" in a drawing form through "Nanjung Ilkicho by Yi Sun-sin" in 1953. Lee Eun-sang also added two pages of the handwritten Yilkicho in the Jangkeichobon supplement to "MoosulIlki" and for the second time, the phrase "One page of a log written during the last 10 days after the Jangkei copy supplement" and "Supplement" were used. Those views are originated from the comment "One photograph of the rough draft of "MoosulIlki"" which Seol Ui-sik introduced without knowledge of the exact source. Lee Eun-sang said, "One page of a log in the Jangkei copy supplement" because Lee mistook "ChungMooKongYusa" for a book related to Jangkei. Since it is the wrong argument different from the actual situation of the original copy, if it has to be corrected, it should be rephrased "One page of a log in ChungMooKongYusa." After all, the source of the counterargument is the mistake because there has never been the Jangkei supplement with one page of a log included. All the Jangkeis other than "YimjinJangcho" can be said as the Jangkei supplements but still, they are separated from the other Jangkeis for the extra 12 more books are present in the commonly-called Jangkei supplement. Due to that reason, the argument on how "ChungMinKongKeicho" with the 12 books added is the popular Jangkei supplement should be considered more reasonable.

Changes in Exhibitions on the History of Balhae in Russian Museums and the Characteristics of Exhibition Narratives - with the focus on the Federal State Budgetary Institution of Culture "The Vladimir K. Arseniev Museum and Reserve of Far East History" - (러시아 박물관의 발해사 전시 변화와 전시 내러티브의 특징 - 아르세니예프 V.K. 국립극동역사보호지구 통합박물관을 중심으로 -)

  • JEONG Yoonhee
    • Korean Journal of Heritage: History & Science
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    • v.57 no.1
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    • pp.54-79
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    • 2024
  • The purpose of this research is to fill the vacuum created by the tendency of bias towards China among the curators of Korean museums who plan exhibitions focusing on Balhae, and to share with researchers in the countries concerned various supplementary research materials that could deepen their understanding of the history of Balhae. These materials are based on analyses of the details of exhibitions about Balhae held in a particular Russian museum and the characteristics of and changes in the museum's operational policy. Thus, this research focuses mainly on the permanent and special exhibitions held by the Far East History Museum and Reserve, whose collection represents the archaeological achievements of Russia regarding the history of Balhae. The first part of the research focuses on the layout of the exhibitions presented by the museum and the museum's operational policy. It reveals that the museum's permanent exhibitions follow a diachronic arrangement of the local history, while the first and second special exhibitions featured exhibits that were selected from the collections of the Russian Academy of Sciences and arranged according to specific themes. It also examines the museum's policy for operating the exhibitions, focusing on the operational rules, the human resources deployed to run them, and the related educational and PR programs. The second part of the research examines such issues as local politics, economy, education and culture related to the exhibitions on Balhae's history, and connects them to the background and development of the exhibitions. This study reveals that the permanent exhibitions were intended to promote historical awareness of the local area by museum visitors, particularly those who visited the exhibitions while the city was hosting important events such as international summits. It also reveals that the museum's first special exhibition led to the promotion of Korea-Russia cooperation on exchanges in the fields of culture and tourism, whereas the second special exhibition involved no PR efforts or related events, which was probably due to the changes that have occurred in the relationship between Russia and its neighboring countries since then. The final part of the study focuses on the characteristic features of the exhibition narratives, and compares school textbooks on local history and history books for general readers with the contents of the exhibitions. The analysis of the narratives based on the development of time shows that the history of the Mohe (or Malgal) tribes has been combined with that of Balhae, while they are treated separately in school textbooks. As regards political history, the narrative was largely focused on officials in Balhae's central government rather than on Mohe warriors in the border areas. The maps of Balhae presented in the exhibitions highlight the importance of accumulating empirical data. As for the exhibition of material cultures, this study suggests that the museums should obtain more archaeological floral and faunal remains related with agriculture and hunting. It also points out that the narrative on the theme of foreign relations deals with the archaeological relics of Unified Silla together with those of the Turkic tribes. As for the theme of philosophy and culture, the narrative focused on the state ceremonies and rituals of Goguryeo, a theme that has attracted little attention among Korean academic circles and which consequently requires further study. In conclusion, this study is meaningful in that it suggests a number of research topics regarding the development of exhibitions and exhibition narratives about the history of Balhae by a prestigious Russian museum that specializes in this subject.

A Study on the Effective Independent Study of Nursing Student (간호학생의 효과적인 자율학습을 위한 조사연구)

  • 김광주;이향련
    • Journal of Korean Academy of Nursing
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    • v.8 no.1
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    • pp.16-42
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    • 1978
  • This survey was made for a month starting from November 15 to December 15, 1977 covering 711 students taking the junior. (3rd-yea.) and the senior. (4th-year) at nine college of nursing in Seoul concerning their perception and Attitude toward the profession of nursing, motive for the necessity of learning, environment of study, attitude of study and particulars relevant with study performance, particulars of library, references and reading, assignments and particulars of the degree of confidence for the learning achievement. Through the survey of the above Particulars, the following results were obtained by classifying all subject matters and by analysing motive of the selection of their course, awarding or not awarding of scholarships. 1. General characteristics: it was revealed that 406 students (57.1%) were attending at the junior. while 305 students (42.9%) were taking the senior. Thus, the total number was 711 and their average age was 21.4 years. Their dwelling category was; 73.9 percent of them resided at their parent's home, 214 students (30.1%) were awarded with scholarships. The reason to be attracted by nursing science was the possibility of continuing social life after graduation (43.5%). 2. Their perception and attitude toward the profession of nursing: According to the perception of profession by the students of each grade, students of the 4th grade showed comparatively strong conception. Also, students of the 4th grade showed more positive attitude in the purchase and reading of magazines relative with the science of nursing, in the reading of Code for Nurses and in their interest in the activity of nursing field. For the necessity of mission of nurse, 97.7 percent of the entire number of students covered responded to necessity. For the necessity of the particular humanity and particularity in the character of nurses, 95.8 percent of those students responded to necessity. By the each grade, students of the 4th grade showed more response. 3. As to professional field desired after completing the professional course: 57 percent of those students desired for clinician nurse while 55 percents desired for community health-nurse. 4. As to the environment of study: they were mostly satisfied with their present residential environment. However, they complained of inconvenience at their lecture-halls. Students of the 3rd grade showed more complain. As to their attitude toward the adjustment of environment of study, they showed a affirmative response. As to the opinion of factors which interfere with their study, comparatively strong response was showed in their scepticism in the science of nursing, insufficient comprehension in general learning, relation with professors n4 discrepancy in the method of study. According to opinions of students at each grade, students of the 4th grade showed more scepticism. 5. Particulars relative with their attitude and performance of study : As to their knowledge of the objectives of their study of subject, the majority was to study with a partial knowledge of the objectives of their study. As to the plan of study, a low percentage indicated management of routine life under regular scheduling. Students of the 4th grade responded to rather planned life. As to time spent in independent study, response to concentrated study when necessary was stronger than that to regular daily study. Students of the 4th grade showed stronger response to regular study than that of the 3rd grade. As to the contents of their note-taking, 67.4 percents of those students responded to such regulatory procedure performing in the lecture-hall as they listen to lectures. 17.3 percents of those students showed response to adding supplementary informations from references to what was entered in choir note-taking at their lecture-halls. 6. Particulars of library, references and reading books: As to receiving of instruction for the utilization of library and time of receiving such instruction 64.7 percents of those students had received such instruction. 66.7 percents of the those responded received such instruction at orientation conducted for freshmen. As to the convenience of the utilization of library, 49.9 percents of those students responded to convenience. However, students of the 3rd grade showed a much stronger response to inconvenience. As to the time of the utilization of library,92.5 percents of those students showed a response to occasional utilization for particular purpose than regular utilization. 53.2 percents of those students responded to ordinary in quantity that library have references. 34.2 percents of those students responded to insufficient. As to the particular relative with the method and field of reading: 53.5 percents of those students responded to intensive reading and was the majority. As to the reading field, fiction u as the majority. When read any books for their major, they usually rend Korean text-b, oks. 7. Particular relative with giving assignment: All respondents were well aware of the objectives of giving home tasks. As to the attitude toward assignments and performing home tasks, 54.8 percents of those students to making ostentatious study because of an excessive quantity of assignments imposed. For performing assignment, they showed comparatively positive response. Also, 52.2 percents of those students responded that they usually submitted complected assignment with references. 8. As to motive to realize the necessity of study : 55.6 percents of those students responded that they realized such necessity in communication with patients when they were engaged in clinical practice. Also, 8.6, the lowest percents of those students responded that they realized such necessity in the course of conversation with nurses when they were engaged in clinical practice. 9. As to the determination of their confidence in the performance of study relative with clinical experience: They showed a general inclination of having in nursing. The major response was that they came to well comprehend the patients families. the lowest response was that they could apply what was learned at lecture-hall to practice. This response incidentally showed the distance the lecture-hall and practical study. In general items, students of the 4th grade showed more favorable response than students of the 3rd grade and there was a significant difference. 10. As to the perception and attitude toward profession according to the motive of selecting the nursing science : Those who selected the nursing voluntarily showed stronger conception than those who selected the nursing through indirect influence. However, there was no significant difference on this point. Only there was a remarkable difference in the reading of Code for Nurses. 11. Those who showed a stronger conception in the profession of nursing according to the motives of attractive nursing science indicated a strong will and ability to manage stable life and comparatively strong response was shown in the management of good home life because of the good adaptability of the science to their character. This group showed a strong conception of the profession than those who responded that they prefer this profession out of a longing for the work of a hospital and for the easy obtaining of opportunity to immigrate to over seas and for economic cause and for high school grade. There was significant difference between these two groups, 12. As to the conception and attitude toward the profession of nursing according to benefits by scholarships, those who were benefitted by scholarship showed stronger conception of profession than those who did not receive scholarship and there was a remarkable difference between these two categories. However, there was no remarkable difference between these two categories in the extent of interest of the activities of nursing fields and in the reading of Code for Nurses. 13. As activation for study according to the benefits of scholarships, those who were benefitted by scholarships showed stronger response to the motive for study comparing with those who receive. 14. As to tile field of reading according to the benefits by scholarships, those who received scholarships tended to read autobiographies and essayers to a considerable extent. Those who did not receive scholarships tended to read novels. Those who received scholarships more read nursing boots than those who did not receive scholarships. 15. As to the attitude of study and doing of assignment according to benefits of scholarships, those who received scholarships managed a favorable life with schedules for study, More students of receiving scholarship showed a regular study for more than one hour per day. Also, in the method of doing home tasks, more students of receiving scholarship showed reference to relative books frequently for the submission of completed assignments.

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A Study for Improvement of Nursing Service Administration (병원 간호행정 개선을 위한 연구)

  • 박정호
    • Journal of Korean Academy of Nursing
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    • v.3 no.1
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    • pp.13-40
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    • 1972
  • Much has teed changed in the field of hospital administration in the It wake of the rapid development of sciences, techniques ana systematic hospital management. However, we still have a long way to go in organization, in the quality of hospital employees and hospital equipment and facilities, and in financial support in order to achieve proper hospital management. The above factors greatly effect the ability of hospitals to fulfill their obligation in patient care and nursing services. The purpose of this study is to determine the optimal methods of standardization and quality nursing so as to improve present nursing services through investigations and analyses of various problems concerning nursing administration. This study has been undertaken during the six month period from October 1971 to March 1972. The 41 comprehensive hospitals have been selected iron amongst the 139 in the whole country. These have been categorized according-to the specific purposes of their establishment, such as 7 university hospitals, 18 national or public hospitals, 12 religious hospitals and 4 enterprise ones. The following conclusions have been acquired thus far from information obtained through interviews with nursing directors who are in charge of the nursing administration in each hospital, and further investigations concerning the purposes of establishment, the organization, personnel arrangements, working conditions, practices of service, and budgets of the nursing service department. 1. The nursing administration along with its activities in this country has been uncritical1y adopted from that of the developed countries. It is necessary for us to re-establish a new medical and nursing system which is adequate for our social environments through continuous study and research. 2. The survey shows that the 7 university hospitals were chiefly concerned with education, medical care and research; the 18 national or public hospitals with medical care, public health and charity work; the 2 religious hospitals with medical care, charity and missionary works; and the 4 enterprise hospitals with public health, medical care and charity works. In general, the main purposes of the hospitals were those of charity organizations in the pursuit of medical care, education and public benefits. 3. The survey shows that in general hospital facilities rate 64 per cent and medical care 60 per-cent against a 100 per cent optimum basis in accordance with the medical treatment law and approved criteria for training hospitals. In these respects, university hospitals have achieved the highest standards, followed by religious ones, enterprise ones, and national or public ones in that order. 4. The ages of nursing directors range from 30 to 50. The level of education achieved by most of the directors is that of graduation from a nursing technical high school and a three year nursing junior college; a very few have graduated from college or have taken graduate courses. 5. As for the career tenure of nurses in the hospitals: one-third of the nurses, or 38 per cent, have worked less than one year; those in the category of one year to two represent 24 pet cent. This means that a total of 62 per cent of the career nurses have been practicing their profession for less than two years. Career nurses with over 5 years experience number only 16 per cent: therefore the efficiency of nursing services has been rated very low. 6. As for the standard of education of the nurses: 62 per cent of them have taken a three year course of nursing in junior colleges, and 22 per cent in nursing technical high schools. College graduate nurses come up to only 15 per cent; and those with graduate course only 0.4 per cent. This indicates that most of the nurses are front nursing technical high schools and three year nursing junior colleges. Accordingly, it is advisable that nursing services be divided according to their functions, such as professional, technical nurses and nurse's aides. 7. The survey also shows that the purpose of nursing service administration in the hospitals has been regulated in writing in 74 per cent of the hospitals and not regulated in writing in 26 per cent of the hospitals. The general purposes of nursing are as follows: patient care, assistance in medical care and education. The main purpose of these nursing services is to establish proper operational and personnel management which focus on in-service education. 8. The nursing service departments belong to the medical departments in almost 60 per cent of the hospitals. Even though the nursing service department is formally separated, about 24 per cent of the hospitals regard it as a functional unit in the medical department. Only 5 per cent of the hospitals keep the department as a separate one. To the contrary, approximately 12 per cent of the hospitals have not established a nursing service department at all but surbodinate it to the other department. In this respect, it is required that a new hospital organization be made to acknowledge the independent function of the nursing department. In 76 per cent of the hospitals they have advisory committees under the nursing department, such as a dormitory self·regulating committee, an in-service education committee and a nursing procedure and policy committee. 9. Personnel arrangement and working conditions of nurses 1) The ratio of nurses to patients is as follows: In university hospitals, 1 to 2.9 for hospitalized patients and 1 to 4.0 for out-patients; in religious hospitals, 1 to 2.3 for hospitalized patients and 1 to 5.4 for out-patients. Grouped together this indicates that one nurse covers 2.2 hospitalized patients and 4.3 out-patients on a daily basis. The current medical treatment law stipulates that one nurse should care for 2.5 hospitalized patients or 30.0 out-patients. Therefore the statistics indicate that nursing services are being peformed with an insufficient number of nurses to cover out-patients. The current law concerns the minimum number of nurses and disregards the required number of nurses for operation rooms, recovery rooms, delivery rooms, new-born baby rooms, central supply rooms and emergency rooms. Accordingly, tile medical treatment law has been requested to be amended. 2) The ratio of doctors to nurses: In university hospitals, the ratio is 1 to 1.1; in national of public hospitals, 1 to 0.8; in religious hospitals 1 to 0.5; and in private hospitals 1 to 0.7. The average ratio is 1 to 0.8; generally the ideal ratio is 3 to 1. Since the number of doctors working in hospitals has been recently increasing, the nursing services have consequently teen overloaded, sacrificing the services to the patients. 3) The ratio of nurses to clerical staff is 1 to 0.4. However, the ideal ratio is 5 to 1, that is, 1 to 0.2. This means that clerical personnel far outnumber the nursing staff. 4) The ratio of nurses to nurse's-aides; The average 2.5 to 1 indicates that most of the nursing service are delegated to nurse's-aides owing to the shortage of registered nurses. This is the main cause of the deterioration in the quality of nursing services. It is a real problem in the guest for better nursing services that certain hospitals employ a disproportionate number of nurse's-aides in order to meet financial requirements. 5) As for the working conditions, most of hospitals employ a three-shift day with 8 hours of duty each. However, certain hospitals still use two shifts a day. 6) As for the working environment, most of the hospitals lack welfare and hygienic facilities. 7) The salary basis is the highest in the private university hospitals, with enterprise hospitals next and religious hospitals and national or public ones lowest. 8) Method of employment is made through paper screening, and further that the appointment of nurses is conditional upon the favorable opinion of the nursing directors. 9) The unemployment ratio for one year in 1971 averaged 29 per cent. The reasons for unemployment indicate that the highest is because of marriage up to 40 per cent, and next is because of overseas employment. This high unemployment ratio further causes the deterioration of efficiency in nursing services and supplementary activities. The hospital authorities concerned should take this matter into a jeep consideration in order to reduce unemployment. 10) The importance of in-service education is well recognized and established. 1% has been noted that on the-job nurses. training has been most active, with nursing directors taking charge of the orientation programs of newly employed nurses. However, it is most necessary that a comprehensive study be made of instructors, contents and methods of education with a separate section for in-service education. 10. Nursing services'activities 1) Division of services and job descriptions are urgently required. 81 per rent of the hospitals keep written regulations of services in accordance with nursing service manuals. 19 per cent of the hospitals do not keep written regulations. Most of hospitals delegate to the nursing directors or certain supervisors the power of stipulating service regulations. In 21 per cent of the total hospitals they have policy committees, standardization committees and advisory committees to proceed with the stipulation of regulations. 2) Approximately 81 per cent of the hospitals have service channels in which directors, supervisors, head nurses and staff nurses perform their appropriate services according to the service plans and make up the service reports. In approximately 19 per cent of the hospitals the staff perform their nursing services without utilizing the above channels. 3) In the performance of nursing services, a ward manual is considered the most important one to be utilized in about 32 percent of hospitals. 25 per cent of hospitals indicate they use a kardex; 17 per cent use ward-rounding, and others take advantage of work sheets or coordination with other departments through conferences. 4) In about 78 per cent of hospitals they have records which indicate the status of personnel, and in 22 per cent they have not. 5) It has been advised that morale among nurses may be increased, ensuring more efficient services, by their being able to exchange opinions and views with each other. 6) The satisfactory performance of nursing services rely on the following factors to the degree indicated: approximately 32 per cent to the systematic nursing activities and services; 27 per cent to the head nurses ability for nursing diagnosis; 22 per cent to an effective supervisory system; 16 per cent to the hospital facilities and proper supply, and 3 per cent to effective in·service education. This means that nurses, supervisors, head nurses and directors play the most important roles in the performance of nursing services. 11. About 87 per cent of the hospitals do not have separate budgets for their nursing departments, and only 13 per cent of the hospitals have separate budgets. It is recommended that the planning and execution of the nursing administration be delegated to the pertinent administrators in order to bring about improved proved performances and activities in nursing services.

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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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The State Hermitage Museum·Northwest University for Nationalities·Shanghai Chinese Classics Publishing House Kuche Art Relics Collected in Russia Shanghai Chinese Classics Publishing House, 2018 (아라사국립애이미탑십박물관(俄羅斯國立艾爾米塔什博物館)·서북민족대학(西北民族大學)·상해고적출판사(上海古籍出版社) 편(編) 『아장구자예술품(俄藏龜玆藝術品)』, 상해고적출판사(上海古籍出版社), 2018 (『러시아 소장 쿠차 예술품』))

  • Min, Byung-Hoon
    • MISULJARYO - National Museum of Korea Art Journal
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    • v.98
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    • pp.226-241
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    • 2020
  • Located on the right side of the third floor of the State Hermitage Museum in St. Petersburg, the "Art of Central Asia" exhibition boasts the world's finest collection of artworks and artifacts from the Silk Road. Every item in the collection has been classified by region, and many of them were collected in the early twentieth century through archaeological surveys led by Russia's Pyotr Kozlov, Mikhail Berezovsky, and Sergey Oldenburg. Some of these artifacts have been presented around the world through special exhibitions held in Germany, France, the United Kingdom, the Netherlands, Korea, Japan, and elsewhere. The fruits of Russia's Silk Road expeditions were also on full display in the 2008 exhibition The Caves of One Thousand Buddhas - Russian Expeditions on the Silk Route on the Occasion of 190 Years of the Asiatic Museum, held at the Hermitage Museum. Published in 2018 by the Shanghai Chinese Classics Publishing House in collaboration with the Hermitage Museum, Kuche Art Relics Collected in Russia introduces the Hermitage's collection of artifacts from the Kuche (or Kucha) region. While the book focuses exclusively on artifacts excavated from the Kuche area, it also includes valuable on-site photos and sketches from the Russian expeditions, thus helping to enhance readers' overall understanding of the characteristics of Kuche art within the Buddhist art of Central Asia. The book was compiled by Dr. Kira Samosyuk, senior curator of the Oriental Department of the Hermitage Museum, who also wrote the main article and the artifact descriptions. Dr. Samosyuk is an internationally renowned scholar of Central Asian Buddhist art, with a particular expertise in the art of Khara-Khoto and Xi-yu. In her article "The Art of the Kuche Buddhist Temples," Dr. Samosyuk provides an overview of Russia's Silk Road expeditions, before introducing the historical development of Kuche in the Buddhist era and the aspects of Buddhism transmitted to Kuche. She describes the murals and clay sculptures in the Buddhist grottoes, giving important details on their themes and issues with estimating their dates, and also explains how the temples operated as places of worship. In conclusion, Dr. Samosyuk argues that the Kuche region, while continuously engaging with various peoples in China and the nomadic world, developed its own independent Buddhist culture incorporating elements of Gandara, Hellenistic, Persian, and Chinese art and culture. Finally, she states that the culture of the Kuche region had a profound influence not only on the Tarim Basin, but also on the Buddhist grottoes of Dunhuang and the central region of China. A considerable portion of Dr. Samosyuk's article addresses efforts to estimate the date of the grottoes in the Kuche region. After citing various scholars' views on the dates of the murals, she argues that the Kizil grottoes likely began prior to the fifth century, which is at least 100 years earlier than most current estimates. This conclusion is reached by comparing the iconography of the armor depicted in the murals with related materials excavated from the surrounding area (such as items of Sogdian art). However, efforts to date the Buddhist grottoes of Kuche must take many factors into consideration, such as the geological characteristics of the caves, the themes and styles of the Buddhist paintings, the types of pigments used, and the clothing, hairstyles, and ornamentation of the depicted figures. Moreover, such interdisciplinary data must be studied within the context of Kuche's relations with nearby cultures. Scientific methods such as radiocarbon dating could also be applied for supplementary materials. The preface of Kuche Art Relics Collected in Russia reveals that the catalog is the first volume covering the Hermitage Museum's collection of Kuche art, and that the next volume in the series will cover a large collection of mural fragments that were taken from Berlin during World War II. For many years, the whereabouts of these mural fragments were unknown to both the public and academia, but after restoration, the fragments were recently re-introduced to the public as part of the museum's permanent exhibition. We look forward to the next publication that focuses on these mural fragments, and also to future catalogs introducing the artifacts of Turpan and Khotan. Currently, fragments of the murals from the Kuche grottoes are scattered among various countries, including Russia, Germany, and Korea. With the publication of this catalog, it seems like an opportune time to publish a comprehensive catalog on the murals of the Kuche region, which represent a compelling mixture of East-West culture that reflects the overall characteristics of the region. A catalog that includes both the remaining murals of the Kizil grottoes and the fragments from different parts of the world could greatly enhance our understanding of the murals' original state. Such a book would hopefully include a more detailed and interdisciplinary discussion of the artifacts and murals, including scientific analyses of the pigments and other materials from the perspective of conservation science. With the ongoing rapid development in western China, the grotto murals are facing a serious crisis related to climate change and overcrowding in the oasis city of Xinjiang. To overcome this challenge, the cultural communities of China and other countries that possess advanced technology for conservation and restoration must begin working together to protect and restore the murals of the Silk Road grottoes. Moreover, centers for conservation science should be established to foster human resources and collect information. Compiling the data of Russian expeditions related to the grottoes of Kuche (among the results of Western archaeological surveys of the Silk Road in the early twentieth century), Kuche Art Relics Collected in Russia represents an important contribution to research on Kuche's Buddhist art and the Silk Road, which will only be enhanced by a future volume introducing the mural fragments from Germany. As the new authoritative source for academic research on the artworks and artifacts of the Kuche region, the book also lays the groundwork for new directions for future studies on the Silk Road. Finally, the book is also quite significant for employing a new editing system that improves its academic clarity and convenience. In conclusion, Dr. Kira Samosyuk, who planned the publication, deserves tremendous praise for taking the research of Silk Road art to new heights.