• Title/Summary/Keyword: System Adoption

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The Haenam Yoon's the 8th jonbu(종부) Gwangju Lee's family management in Korean letter of Joseon era (한글편지에 나타난 해남윤씨가 8대 종부 광주이씨의 가문경영)

  • Lee, hyun-ju
    • (The)Study of the Eastern Classic
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    • no.73
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    • pp.385-414
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    • 2018
  • In this article, the women as the subject of the family management in the 19th century cataclysm, In particular, I tried to reconstruct the specific life course of a woman who has a status as a jongbu(종부) in the Korean language through the Hangul letter. The Haenam Yoon's the 8th jongbu(종부) Gwangju Lee attempted to find her own unique identity, not the male-centered social order she had learned. Because she had to live a life outside the traditional environment of traditional society because her husband died at the beginning of her marriage. She perceived herself as an independent subject that she had to find and maintain. When Gwangju Lee married and came to the family of Haenam Yun, the economic power of jong-ga(종가) was much inclined. This economic difficulty was caused by the conflict with the slaves and the decrease of tallage(地代) to the change of the slavery system which was the social flow at that time. And uncles of her husband's intervention made the economic situation of the family more difficult. She established her position as a jongbu(종부) and used the right of Adoption option(입후권) of the jongbu(종부) to establish the impoverished family. She chose adoption from distant relatives who were not children of her husband's uncles. Therefore, I was free from her husband uncle's interests. She also believed that it was most important to take control of the economic interests of her family in order to secure her authority as a jongbu(종부). She believed that she had to exercise her economic rights in order to bring slave labor, which is the most important means of sustaining the domestic economy at the time, In the absence of her husband, she established her family in the social upheaval of the nineteenth century, and took her place as a master of a family, not just a family name.

A Study on the Reality and Improvement of Autonomous Police System in Jeju Special Self-Government Province (제주자치경찰 시스템의 실태와 발전모델에 관한 연구)

  • Cho, Chul-Ok
    • Korean Security Journal
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    • no.14
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    • pp.485-516
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    • 2007
  • Jeju Special Self-Government Province adopted an autonomous police system for the first time since 60 years in Korean police. The purpose of autonomous police system is to offer a police service to be suitable in regional conditions. But Jeju autonomous police system for nearly one year after adoption is criticized to be established on the ground of political reason but not local decentralization. Actually Jeju autonomous police has not a clear cut jurisdiction and operation scope because of the jurisdiction duplication between national and autonomous police. The original task is confined on environment and sightseeing so on given to administration police for local self-government. So criminal investigation authority on general crimes is not to Jeuju autonomous police on account of special judicial police. First, it is the structural rationalization of Jeju autonomous police system. It speaks that Jeju provincial police bureau and police station have to be as national police institution, on the other hand, patrol district station and police box have to be as autonomous police institution. Of course, functional division has to be followed. National police performs managing all the assembly and demonstration by the management law on assembly and demonstration including the suppression against any large scale demonstration and disturbance, also the investigation on serious crimes just as international crimes and broaden area crimes including all the felony. Together national police performs the duty concerned to all the foreign affairs and national securities in along with the investigation on traffic accidents. On the other hand, autonomous police performs the function for citizen's life safety as crime prevention and the enforcement on the violation against police operation law, together the traffic management and the regulation on traffic violations. and the investigation on minor crime as simple violence or petty larceny including the management on local big events. Second, the budgetary of autonomous police is rationalized by the share of budgeting between Korean government and Jeju special self-government province. Third, urgent arrest authority on general crime and the rights of claims for the summary trial on minor crimes are given to autonomous police. Of course, this problem is resolved naturally in case of giving the investigation rights to autonomous police on minor crimes.

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Cloud Computing Adoption and Job Performance based on Diffusion of Innovation Theory (한국 중소기업의 클라우드 컴퓨팅 오피스환경 도입에 따른 확산요인이 업무성과에 미치는 영향)

  • Kim, Jong Mok;Lee, Junkwan;Kim, Hyung Jae
    • International Area Studies Review
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    • v.21 no.1
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    • pp.97-117
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    • 2017
  • This research highlights the process of adopting cloud computing technology from users' perspective. Concentrating on perceived mechanism from employees side that lead to job performance at work. Cloud computing, the new player in our modern business environment, authors employ diffusion of innovation theory to capture how this new technology affect employees in workplace in terms of job performance. Education for this new system and managerial support by firm were used as moderating variable to test dependent variable, job performance. Research was done through survey from total 284 people working in metropolitan area at South Korea. The result shows that cloud computing system affect positively on work efficiency, and the extent of diffusion factors that influence from the most to least are as follow: 1. Users' Skill, 2. System Quality, 3. Information Quality, 4. Group Awareness, 5. Attitude towards New System. To test diffusion factors of cloud computing and job performance, South Korean people actually felt that cloud computing help their job performance and the extent of diffusion factors that influence from the most to least are as follow: 1. Users' Skill, 2. System Quality, 3. Information Quality, 4. Attitude towards New System, 5. Group Awareness. As for diffusion factors of cloud computing and productivity, result proved that cloud computing really helps firms, and the extent of diffusion factors that influence from the most to least are as follow: 1. Information Quality, 2. Attitude towards New System, 3. Group Awareness, 4. System Quality, 5. Users' Skill. Two moderating variables, employee education and managerial support were tested to prove whether these two variables affect the job performance and the result displays positive affect for both two factors. To conclude, adopting cloud computing helps firms by increase employees' work efficiency and job performance. In order to accelerate the process employees education really matters because users' skill is the most crucial among diffusion factors.

A Case study and Analysis on the Up-Lift Pressure Treatment Evaluation of Underground Installations for their Efficient Adoption (사례분석을 통한 효율적 상향수압(Up-Lift Pressure) 처리공법 적용방안에 관한연구 - ◯◯ 상업지역 현장사례 중심으로 -)

  • Ko, Ok-Yeol;Kwon, Oh-Chul;Shim, Jae-Kwang;Park, Tae-Eun
    • Journal of the Korea Institute of Building Construction
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    • v.9 no.4
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    • pp.119-129
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    • 2009
  • Building construction trends have been changed dramatically in terms of size and mass. With the need to maximize land usage, there has been an increase in the construction of high-rise buildings. This affects not only the entire construction duration and cost, but also subsequent construction activities, such as work to increase underground facilities and in reclamation land area construction. These types of site conditions require soft ground reinforcement and the proper uplift water pressure treatment. In general, two kinds of methods have been used for uplift water pressure treatment systems. However, there have been some problems arising as the result of a lack of research and analysis on underground construction techniques, and a reliance on experiments over actual survey and analysis of site conditions. This paper focused on the problems of conventional selection procedure, by analyzing drawings and proposing a kind of modeling for a reasonable procedure. The results were applied to OO project as a sample construction case to be verified in this research. The initial plan in the case project was the Rock Anchor System. However, as there were terrible miscalculations of basic site conditions that had an extraordinary influence on the underground water level, such as the site's proximity to the Han-river, it was necessary to change the plan to include apermanent drainage system. This achieved a direct construction cost reduction \ 406,702,000 and a maximum sayings of 4% of operational cost, based on the 50-year building Life Cycle Cost.

An Empirical Study on the Determinants of Supply Chain Management Systems Success from Vendor's Perspective (참여자관점에서 공급사슬관리 시스템의 성공에 영향을 미치는 요인에 관한 실증연구)

  • Kang, Sung-Bae;Moon, Tae-Soo;Chung, Yoon
    • Asia pacific journal of information systems
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    • v.20 no.3
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    • pp.139-166
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    • 2010
  • The supply chain management (SCM) systems have emerged as strong managerial tools for manufacturing firms in enhancing competitive strength. Despite of large investments in the SCM systems, many companies are not fully realizing the promised benefits from the systems. A review of literature on adoption, implementation and success factor of IOS (inter-organization systems), EDI (electronic data interchange) systems, shows that this issue has been examined from multiple theoretic perspectives. And many researchers have attempted to identify the factors which influence the success of system implementation. However, the existing studies have two drawbacks in revealing the determinants of systems implementation success. First, previous researches raise questions as to the appropriateness of research subjects selected. Most SCM systems are operating in the form of private industrial networks, where the participants of the systems consist of two distinct groups: focus companies and vendors. The focus companies are the primary actors in developing and operating the systems, while vendors are passive participants which are connected to the system in order to supply raw materials and parts to the focus companies. Under the circumstance, there are three ways in selecting the research subjects; focus companies only, vendors only, or two parties grouped together. It is hard to find researches that use the focus companies exclusively as the subjects probably due to the insufficient sample size for statistic analysis. Most researches have been conducted using the data collected from both groups. We argue that the SCM success factors cannot be correctly indentified in this case. The focus companies and the vendors are in different positions in many areas regarding the system implementation: firm size, managerial resources, bargaining power, organizational maturity, and etc. There are no obvious reasons to believe that the success factors of the two groups are identical. Grouping the two groups also raises questions on measuring the system success. The benefits from utilizing the systems may not be commonly distributed to the two groups. One group's benefits might be realized at the expenses of the other group considering the situation where vendors participating in SCM systems are under continuous pressures from the focus companies with respect to prices, quality, and delivery time. Therefore, by combining the system outcomes of both groups we cannot measure the system benefits obtained by each group correctly. Second, the measures of system success adopted in the previous researches have shortcoming in measuring the SCM success. User satisfaction, system utilization, and user attitudes toward the systems are most commonly used success measures in the existing studies. These measures have been developed as proxy variables in the studies of decision support systems (DSS) where the contribution of the systems to the organization performance is very difficult to measure. Unlike the DSS, the SCM systems have more specific goals, such as cost saving, inventory reduction, quality improvement, rapid time, and higher customer service. We maintain that more specific measures can be developed instead of proxy variables in order to measure the system benefits correctly. The purpose of this study is to find the determinants of SCM systems success in the perspective of vendor companies. In developing the research model, we have focused on selecting the success factors appropriate for the vendors through reviewing past researches and on developing more accurate success measures. The variables can be classified into following: technological, organizational, and environmental factors on the basis of TOE (Technology-Organization-Environment) framework. The model consists of three independent variables (competition intensity, top management support, and information system maturity), one mediating variable (collaboration), one moderating variable (government support), and a dependent variable (system success). The systems success measures have been developed to reflect the operational benefits of the SCM systems; improvement in planning and analysis capabilities, faster throughput, cost reduction, task integration, and improved product and customer service. The model has been validated using the survey data collected from 122 vendors participating in the SCM systems in Korea. To test for mediation, one should estimate the hierarchical regression analysis on the collaboration. And moderating effect analysis should estimate the moderated multiple regression, examines the effect of the government support. The result shows that information system maturity and top management support are the most important determinants of SCM system success. Supply chain technologies that standardize data formats and enhance information sharing may be adopted by supply chain leader organization because of the influence of focal company in the private industrial networks in order to streamline transactions and improve inter-organization communication. Specially, the need to develop and sustain an information system maturity will provide the focus and purpose to successfully overcome information system obstacles and resistance to innovation diffusion within the supply chain network organization. The support of top management will help focus efforts toward the realization of inter-organizational benefits and lend credibility to functional managers responsible for its implementation. The active involvement, vision, and direction of high level executives provide the impetus needed to sustain the implementation of SCM. The quality of collaboration relationships also is positively related to outcome variable. Collaboration variable is found to have a mediation effect between on influencing factors and implementation success. Higher levels of inter-organizational collaboration behaviors such as shared planning and flexibility in coordinating activities were found to be strongly linked to the vendors trust in the supply chain network. Government support moderates the effect of the IS maturity, competitive intensity, top management support on collaboration and implementation success of SCM. In general, the vendor companies face substantially greater risks in SCM implementation than the larger companies do because of severe constraints on financial and human resources and limited education on SCM systems. Besides resources, Vendors generally lack computer experience and do not have sufficient internal SCM expertise. For these reasons, government supports may establish requirements for firms doing business with the government or provide incentives to adopt, implementation SCM or practices. Government support provides significant improvements in implementation success of SCM when IS maturity, competitive intensity, top management support and collaboration are low. The environmental characteristic of competition intensity has no direct effect on vendor perspective of SCM system success. But, vendors facing above average competition intensity will have a greater need for changing technology. This suggests that companies trying to implement SCM systems should set up compatible supply chain networks and a high-quality collaboration relationship for implementation and performance.

An Empirical Study on the Influencing Factors for Big Data Intented Adoption: Focusing on the Strategic Value Recognition and TOE Framework (빅데이터 도입의도에 미치는 영향요인에 관한 연구: 전략적 가치인식과 TOE(Technology Organizational Environment) Framework을 중심으로)

  • Ka, Hoi-Kwang;Kim, Jin-soo
    • Asia pacific journal of information systems
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    • v.24 no.4
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    • pp.443-472
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    • 2014
  • To survive in the global competitive environment, enterprise should be able to solve various problems and find the optimal solution effectively. The big-data is being perceived as a tool for solving enterprise problems effectively and improve competitiveness with its' various problem solving and advanced predictive capabilities. Due to its remarkable performance, the implementation of big data systems has been increased through many enterprises around the world. Currently the big-data is called the 'crude oil' of the 21st century and is expected to provide competitive superiority. The reason why the big data is in the limelight is because while the conventional IT technology has been falling behind much in its possibility level, the big data has gone beyond the technological possibility and has the advantage of being utilized to create new values such as business optimization and new business creation through analysis of big data. Since the big data has been introduced too hastily without considering the strategic value deduction and achievement obtained through the big data, however, there are difficulties in the strategic value deduction and data utilization that can be gained through big data. According to the survey result of 1,800 IT professionals from 18 countries world wide, the percentage of the corporation where the big data is being utilized well was only 28%, and many of them responded that they are having difficulties in strategic value deduction and operation through big data. The strategic value should be deducted and environment phases like corporate internal and external related regulations and systems should be considered in order to introduce big data, but these factors were not well being reflected. The cause of the failure turned out to be that the big data was introduced by way of the IT trend and surrounding environment, but it was introduced hastily in the situation where the introduction condition was not well arranged. The strategic value which can be obtained through big data should be clearly comprehended and systematic environment analysis is very important about applicability in order to introduce successful big data, but since the corporations are considering only partial achievements and technological phases that can be obtained through big data, the successful introduction is not being made. Previous study shows that most of big data researches are focused on big data concept, cases, and practical suggestions without empirical study. The purpose of this study is provide the theoretically and practically useful implementation framework and strategies of big data systems with conducting comprehensive literature review, finding influencing factors for successful big data systems implementation, and analysing empirical models. To do this, the elements which can affect the introduction intention of big data were deducted by reviewing the information system's successful factors, strategic value perception factors, considering factors for the information system introduction environment and big data related literature in order to comprehend the effect factors when the corporations introduce big data and structured questionnaire was developed. After that, the questionnaire and the statistical analysis were performed with the people in charge of the big data inside the corporations as objects. According to the statistical analysis, it was shown that the strategic value perception factor and the inside-industry environmental factors affected positively the introduction intention of big data. The theoretical, practical and political implications deducted from the study result is as follows. The frist theoretical implication is that this study has proposed theoretically effect factors which affect the introduction intention of big data by reviewing the strategic value perception and environmental factors and big data related precedent studies and proposed the variables and measurement items which were analyzed empirically and verified. This study has meaning in that it has measured the influence of each variable on the introduction intention by verifying the relationship between the independent variables and the dependent variables through structural equation model. Second, this study has defined the independent variable(strategic value perception, environment), dependent variable(introduction intention) and regulatory variable(type of business and corporate size) about big data introduction intention and has arranged theoretical base in studying big data related field empirically afterwards by developing measurement items which has obtained credibility and validity. Third, by verifying the strategic value perception factors and the significance about environmental factors proposed in the conventional precedent studies, this study will be able to give aid to the afterwards empirical study about effect factors on big data introduction. The operational implications are as follows. First, this study has arranged the empirical study base about big data field by investigating the cause and effect relationship about the influence of the strategic value perception factor and environmental factor on the introduction intention and proposing the measurement items which has obtained the justice, credibility and validity etc. Second, this study has proposed the study result that the strategic value perception factor affects positively the big data introduction intention and it has meaning in that the importance of the strategic value perception has been presented. Third, the study has proposed that the corporation which introduces big data should consider the big data introduction through precise analysis about industry's internal environment. Fourth, this study has proposed the point that the size and type of business of the corresponding corporation should be considered in introducing the big data by presenting the difference of the effect factors of big data introduction depending on the size and type of business of the corporation. The political implications are as follows. First, variety of utilization of big data is needed. The strategic value that big data has can be accessed in various ways in the product, service field, productivity field, decision making field etc and can be utilized in all the business fields based on that, but the parts that main domestic corporations are considering are limited to some parts of the products and service fields. Accordingly, in introducing big data, reviewing the phase about utilization in detail and design the big data system in a form which can maximize the utilization rate will be necessary. Second, the study is proposing the burden of the cost of the system introduction, difficulty in utilization in the system and lack of credibility in the supply corporations etc in the big data introduction phase by corporations. Since the world IT corporations are predominating the big data market, the big data introduction of domestic corporations can not but to be dependent on the foreign corporations. When considering that fact, that our country does not have global IT corporations even though it is world powerful IT country, the big data can be thought to be the chance to rear world level corporations. Accordingly, the government shall need to rear star corporations through active political support. Third, the corporations' internal and external professional manpower for the big data introduction and operation lacks. Big data is a system where how valuable data can be deducted utilizing data is more important than the system construction itself. For this, talent who are equipped with academic knowledge and experience in various fields like IT, statistics, strategy and management etc and manpower training should be implemented through systematic education for these talents. This study has arranged theoretical base for empirical studies about big data related fields by comprehending the main variables which affect the big data introduction intention and verifying them and is expected to be able to propose useful guidelines for the corporations and policy developers who are considering big data implementationby analyzing empirically that theoretical base.

Landscape Object Classification and Attribute Information System for Standardizing Landscape BIM Library (조경 BIM 라이브러리 표준화를 위한 조경객체 및 속성정보 분류체계)

  • Kim, Bok-Young
    • Journal of the Korean Institute of Landscape Architecture
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    • v.51 no.2
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    • pp.103-119
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    • 2023
  • Since the Korean government has decided to apply the policy of BIM (Building Information Modeling) to the entire construction industry, it has experienced a positive trend in adoption and utilization. BIM can reduce workloads by building model objects into libraries that conform to standards and enable consistent quality, data integrity, and compatibility. In the domestic architecture, civil engineering, and the overseas landscape architecture sectors, many BIM library standardization studies have been conducted, and guidelines have been established based on them. Currently, basic research and attempts to introduce BIM are being made in Korean landscape architecture field, but the diffusion has been delayed due to difficulties in application. This can be addressed by enhancing the efficiency of BIM work using standardized libraries. Therefore, this study aims to provide a starting point for discussions and present a classification system for objects and attribute information that can be referred to when creating landscape libraries in practice. The standardization of landscape BIM library was explored from two directions: object classification and attribute information items. First, the Korean construction information classification system, product inventory classification system, landscape design and construction standards, and BIM object classification of the NLA (Norwegian Association of Landscape Architects) were referred to classify landscape objects. As a result, the objects were divided into 12 subcategories, including 'trees', 'shrubs', 'ground cover and others', 'outdoor installation', 'outdoor lighting facility', 'stairs and ramp', 'outdoor wall', 'outdoor structure', 'pavement', 'curb', 'irrigation', and 'drainage' under five major categories: 'landscape plant', 'landscape facility', 'landscape structure', 'landscape pavement', and 'irrigation and drainage'. Next, the attribute information for the objects was extracted and structured. To do this, the common attribute information items of the KBIMS (Korean BIM Standard) were included, and the object attribute information items that vary according to the type of objects were included by referring to the PDT (Product Data Template) of the LI (UK Landscape Institute). As a result, the common attributes included information on 'identification', 'distribution', 'classification', and 'manufacture and supply' information, while the object attributes included information on 'naming', 'specifications', 'installation or construction', 'performance', 'sustainability', and 'operations and maintenance'. The significance of this study lies in establishing the foundation for the introduction of landscape BIM through the standardization of library objects, which will enhance the efficiency of modeling tasks and improve the data consistency of BIM models across various disciplines in the construction industry.

Proposal for the Hourglass-based Public Adoption-Linked National R&D Project Performance Evaluation Framework (Hourglass 기반 공공도입연계형 국가연구개발사업 성과평가 프레임워크 제안: 빅데이터 기반 인공지능 도시계획 기술개발 사업 사례를 바탕으로)

  • SeungHa Lee;Daehwan Kim;Kwang Sik Jeong;Keon Chul Park
    • Journal of Internet Computing and Services
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    • v.24 no.6
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    • pp.31-39
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    • 2023
  • The purpose of this study is to propose a scientific performance evaluation framework for measuring and managing the overall outcome of complex types of projects that are linked to public demand-based commercialization, such as information system projects and public procurement, in integrated national R&D projects. In the case of integrated national R&D projects that involve multiple research institutes to form a single final product, and in the case of demand-based demonstration and commercialization of the project results, the existing evaluation system that evaluates performance based on the short-term outputs of the detailed tasks comprising the R&D project has limitations in evaluating the mid- and long-term effects and practicality of the integrated research products. (Moreover, as the paradigm of national R&D projects is changing to a mission-oriented one that emphasizes efficiency, there is a need to change the performance evaluation of national R&D projects to focus on the effectiveness and practicality of the results.) In this study, we propose a performance evaluation framework from a structural perspective to evaluate the completeness of each national R&D project from a practical perspective, such as its effectiveness, beyond simple short-term output, by utilizing the Hourglass model. In particular, it presents an integrated performance evaluation framework that links the top-down and bottom-up approaches leading to Tool-System-Service-Effect according to the structure of R&D projects. By applying the proposed detailed evaluation indicators and performance evaluation frame to actual national R&D projects, the validity of the indicators and the effectiveness of the proposed performance evaluation frame were verified, and these results are expected to provide academic, policy, and industrial implications for the performance evaluation system of national R&D projects that emphasize efficiency in the future.

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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Case Study of Remidation and Investigation of Closed Unsanitary Landfill for Prevention of Leachate (비위생매립지 정밀조사 및 침출수 방지를 위한 정비방안 연구)

  • Kim, Sangkeun;Lee, Yongsoo
    • Journal of the Korean GEO-environmental Society
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    • v.13 no.1
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    • pp.5-13
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    • 2012
  • For the last decade the amount of waste has rapidly been increased in South Korea and many waste landfills have been built according to government guidelines specifying required systems such as landfill liner, leachate collecting facilities, final cover system, etc. This effort has led the recently constructed landfills to be under well managed sanitary condition. In a meanwhile closed waste-landfill sites in the past before the adoption of the government guidelines exits under unsanitary condition. In these cases untreated leachate flew out to the surroundings due to the absence of liner and leachate collecting facilities and caused groundwater and soils to be contaminated. Waste generated odor and gas also brought civil complaints. Because environmental influences bring serious problems nearby sites, it is required to have unsanitary waste-landfills to be appropriately treated and managed. A study to evaluate environmental influence and contamination level of surroundings nearby and on the unsanitary landfills is necessary before the establishment of "Management guide of closed landfill site." This paper presents an environmental evaluation for the closed site, Doil-dong landfill, according to "Closed landfill management regulation" by Ministry of Environment. "D" landfill, located in Pyeongtaek city, has possobility to contaminate surrounding surfacewater and groundwater by leakage of leachate. The in-situ stabilization carried out to build the DMW(deep soil mixing cutoff wall) wall and drainage systems.