• Title/Summary/Keyword: Take a Reasonable

Search Result 272, Processing Time 0.027 seconds

The Delay of Re-Routing Flight and Scope of Extraordinary Circumstances in the European Air Transportation Law: A Case Comment on A and Others v. Finnair Oyj [2020] Case C-832/18 (EU항공여객운송법 체제에서 대체항공편의 운항지연과 특별한 사정의 범위 - 2020년 EU사법재판소 A and Others v. Finnair Oyj, Case C-832/18 판결을 중심으로 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.35 no.2
    • /
    • pp.197-224
    • /
    • 2020
  • This paper reviews and criticizes some issues as to the case of A and Others v. Finnair Oyj [2020] Case C-832/18 by examining EU Regulations and practical point of views. Under this case, the travellers brought an action against Finnair in light of the Air Passenger Regulation12, seeking compensation for both the first cancelled flight, and the delayed re-routed flight. Finnair had paid the first compensation, but refused to grant the second claim, arguing that the regulation did not set out that passengers were eligible for a second claim in those situations, and that the delay of the second flight was a consequence of 'extraordinary circumstances' under the regulation. The Court of Appeal in Helsinki has asked the CJEU whether an air passenger is entitled to a further compensation where a re-routed flight they have agreed to take is delayed, where both the original and rerouted flight are operated by the same air carrier. The CJEU held that the regulation does not in any way limit the rights of passengers where they find their flights being re-routed. As such, under earlier CJEU case law, the relevant travellers here were entitled to compensation for cancellation of the first flight and delay of the second flight. It also disagreed with Finnair's assessment that the technical failure in the re-routing flight was a matter of extraordinary circumstances.

A Study on the Concept of Forgiveness in Paul Ricoeur's Eschatology (폴 리쾨르의 종말론적 지평 속에 나타난 '용서'(par-don) 개념 연구)

  • Kim, Hye-ryung
    • Cross-Cultural Studies
    • /
    • v.52
    • /
    • pp.79-110
    • /
    • 2018
  • This purpose of this study was to address the issue of forgiving unforgivable crimes, inevitably raised in Paul Ricoeur's thoughts. He explores the possibility of righteous historical representation of tragic events in Western history. Being aware of injustices of amnesty indiscriminately extended by the government, he studied the process through in which a genuine pardon should unfold before granting amnesty. He believes that this process called the "odyssey of forgiveness" presupposes the process of "imputability," in which the perpetrator should acknowledge his/her wrongdoing as his/her act and take reasonable responsibilities for it in a modest position. However, such acknowledgement of wrongdoing cannot be any reason for the victim to necessarily grant forgiveness to the perpetrator. According to him, forgiveness is a gift and the power of love enabled by a complete forgiver only. The initiative of forgiveness is attributable to the forgiver only. To never relinquish tension between love and justice in the forgiving process, he devises a way of planning an equation of forgiveness in a vertical scheme. Finally, he explains the process of requesting and granting forgiveness in a form of a righteous historical representation against the oblivion of past tragic events. He contends that this event of forgiveness promises a new life and a new era to all seeking and granting forgiveness, and that write a righteous history in eschatological hope.

A Study on the Development of Designated Model of Places of Refuge location from IMO Recommendations (IMO 권고에 따른 선박 피난처 입지 지정 모델 개발에 관한 연구)

  • Lee, Chang-Hyun;Park, Seong-Hyun
    • Journal of Navigation and Port Research
    • /
    • v.38 no.4
    • /
    • pp.357-366
    • /
    • 2014
  • On December of 2003, IMO's $23^{rd}$ Assembly discussed 'Guidelines on places of refuge for ships in need of assistance' At the discussion, Res. A.949(23) has been selected to appoint recommended place of refuge for countries signatory to the IMO Convention. IMO defines "Places of Refuge" as a places where a ship in need of assistance can take action to enable it to stabilize its condition and reduce the hazards to navigation, and to protect human life and the environment. Appointing and managing a Place of refuge can be a delicate problem because of its close connection to each country's coastal and environmental protection policies. However, in case of marine accident, the appointment or management of the place of refuge has a potential to avoid further damage and reduce to the minimum any environmental and estate losses. Currently a number of foreign countries, designated and operated a place of refuge. But, place of refuge selected method criteria were different by country and also does not have any standardized designating place of refuge model. Therefor, this study suggested the model of assigned places of refuge according to objective indication in order to assign reasonable and efficient places of refuge in domestic waters in the future by investigating and analyzing imported facts in considering the assignment of places of refuge in foreign countries and describing these imported data into quantitative value. In designating the model place of refuge, the final place of refuge location was presented by evaluating the probability of marine accidents, analyzing the location, and evaluating the supporting establishment.

A Study on Compensation of Land according to the Spatial Properties -In case Compensation of Public Housing District- (공간정보 속성에 따른 토지보상액 결정에 관한 연구 -공공주택지구 보상사례를 중심으로-)

  • Moon, Jae-Hyeok;Lee, Myeong-Hun
    • The Journal of the Korea Contents Association
    • /
    • v.16 no.11
    • /
    • pp.188-198
    • /
    • 2016
  • In order to supply the residential land for the promotion of public welfare, it must take a land of city suburb. That land have the difference in thinking is large for the determination of land prices to a variety of development pressure and land use regulations. In the process of executing a public project, the difference of these ideas has become a cause of conflict. Therefore, through objective study for the determination of land prices, to reduce the difference of ideas is going to be a clue of conflict resolution. This study selected the case area that is typical public district of many conflict, and then fix a compensation unit price like fair price as dependent variable. The selected variables through previous studies and expert consultation was an independent variable. To analyze the impact factors of land prices in the hedonic price model. The results were analyzed by distinguishing the group on the basis of the zoning and using, whether or not the site of the building in part that there is influence variable, the aspects of accessibility and regulation in part degree of influence variable came out different results for each group. It is analyzed that it reasonable results. Add selected site assimilation of the building that have not been presented in previous studies as a variable and which was applied at a rate to a variable of road have improved in more expliction of the influence of variables.

A study of the psychosomatic self-reported symptoms of the dental technology students (치기공과 재학생의 건강관련 심신 자각증상에 관한 연구)

  • Kwon, Soon-Suk
    • Journal of Technologic Dentistry
    • /
    • v.35 no.2
    • /
    • pp.157-171
    • /
    • 2013
  • Purpose: This study aims to present a database for the development of a healthcare management program based on the survey and analysis of self reported psychosomatic symptoms among the current dental technology students. Methods: Subjects of our study are 480 dental technology major students enrolled in a third year college located Gyeonggi, Chungcheong, and Gangwon province. Using a random sampling, we conducted a self-report survey from August 30, 2011 to October 28, 2011 and 418 reports were collected as feedback and we put an analysis on them. Results: 1. The average physical self symptom was 20.49, which is higher than the average mental self symptom(18.54). Of the subcategories of psychosomatic self symptom, we observed multiple subjective symptoms as the highest one(37.77), and aggression as the lowest(13.77). 2. As to gender, both physical and mental self symptom were statistically significant with the scale score of(p<.001). The scale score of subcategories is as follows; multiple subjective symptoms(I, p<.001), eye and skin(B, p<.001), digestive(C, p<.001), impulsiveness(H, p<.001), lie scale(L, p<.001), mental instability(J, p<.001), depression(K, p<.001), aggression(F, p<.001), irregularity of life(G, p<.001), mouth and anal(D, p<.05), nervousness(E, p<.05). 3. As for obesity, statistical significance was shown with the scale scores of physical self symptom(p<.001), multiple subjective symptoms(I, p<.001), digestive(C, p<.001), aggression(F, p<.001), depression(K, p<.01), irregularity of life(G, p<.01), respiratory(A, p<.05), eye and skin(B, p<.05), impulsiveness(H, p<.05), mental instability(J, p<.05). The scale scores in the environmental quality and life satisfaction were shown as follows; depression(K, p<.001), lie scale(L, p<.01), and irregularity of life(G, p<.05). 4. We employed multiple regression analysis to take account of general factors affecting psychosomatic self symptoms, and drew that the explanatory power of the model was proved with the scales of physical self symptom(4.1%) and mental self-symptom(3.6%). Obesity was a factor that affects physical self symptom with the scale score of(p<.01), and environmental quality and life satisfaction(p<.01) and obesity(p<.05) affect mental self symptom. Conclusion: In this analysis we observed obesity of dental technology students can influence their psychosomatic self symptoms. In this sense, it would be reasonable to develop a healthcare management and education programs that help the students maintain a healthy weight and promote their health.

An Examination on International Lawfullness of P. R. China's Territorial Sea Regime (중국 영해제도의 국제법상 합법성 검토)

  • 최종화
    • The Journal of Fisheries Business Administration
    • /
    • v.24 no.1
    • /
    • pp.45-64
    • /
    • 1993
  • The law of territorial sea is a fundamental law by which the width of sovereign domain of a coastal state is determined. The P.R.China'a regime on the territorial sea was established through the Declaration on China's Ttrritorial Sea of 1958 and the P.R.China's Territorial Sea and Contiguous Zone Law of 1992. And the P.R.China's consistent policy on the territorial sea can be summarized as follows ; \circled1 The adoption of the straight baseline and 12 nautical miles of the territorial sea width, \circled2 The foreign merchant vessels can enjoy the right of innocent passage, while requesting for prior permission for the foreign military vessels on the entry into territorial sea. \circled3 The Chiungchow Strait and the Bohai Bay are claimed as the internal waters. \circled4 Enlistment of the whole coastal islands including the Taiwan. 12 nautical miles of the territorial sea width can be recognized as lawfull with respect to the 1982 UNLOS Convention. But the P.R.China's Territorial Sea and Contiguous Zone Law of 1992 contains some problems on the legality viewed in the light of customary international law. Firstly, it can be said that the adoption of simple straight baseline is not reasonable, and it must be investigated closely on the hidden intention of China. Secondly, there involved some possibility of international dispute on making Tung Tao which is 69 nautical miles apart from the mainland of a basepoint and on making the Bohai Bay of a historic bay. And also public notification of all basepoints for the straight baselines is necessary to meet the requirement of customary international law, Thirdly, two military zones established unilaterally in 1950 are illegal with respect to the customary international law, and they must be repealed deservedly. Fourthly, there have a lot of restrictions on the innocent passage even for foreign merchant vessels by the municipal law such as the Maritime Traffic Safety Law. As a conclusion, the P.R.China's territorial sea regime contains some illegal elements such as unilateral expansion of the maritime sovereignty or jurisdiction. In order to meet the general principle of the international law, the P.R.China's territorial sea policy must be modified on the basis of multilateral agreement with the states concerned. And Korea, as a state with opposite, has a definite right to take countermeasure agaist the P.R.China's contiguous zone.

  • PDF

Establishment of Rebar Quantity Estimation in BIM-based Initial Design Phase (BIM기반 초기 설계 단계 철근 물량 산출 프로세스 구축)

  • Song, Chi-Ho;Kim, Chee-Kyeong;Lee, Si Eun;Choi, Hyunchul
    • Journal of the Computational Structural Engineering Institute of Korea
    • /
    • v.29 no.5
    • /
    • pp.447-454
    • /
    • 2016
  • In the meantime, looking at the present status of how to estimationte the quantity of rebar based on 3D BIM getting the limelight in these days, commercial BIM tools provide rebar modeling functions however it takes a vast amount of modeling time for modeling of rebar in use of that function hence there is no BIM software at present for practical use. Therefore, in this study, we organized and presented a practical rebar quantity estimationtion process in BIM-based design work-site and intended to develop a program named Rebar Automatic Arrangement Program - hereinafter called RAAP - which enables automatic rebar arrangement based on much more precise cross-sectional information of bars in column, beam, slab and wall than the one from existing 2D method under the conditions without any cross-sectional information in the initial design phase. In addition, we intended to establish rebar quantity estimationtion process in the initial design phase through interworking of modeling & quantity estimationtion functions in consideration of joint, anchoring length of BuilderHUB as a BIM software with RAAP. The results from this study are practical in developing a technology that is able to estimationte quantity with more improved reliability than the one from existing 2D-based methods with less effort when the quantity of framework is estimationted in the uncompleted state of cross-sectional design for structural members in the initial design phase of a construction project. And it is expected that it could be utilized as a basic study from which a reasonable quantity estimationtion program can be established in the initial design phase.

Directions in Promoting Independence in Operational Control (전시작전통제권 단독 행사 추진의 방향)

  • Park, Seung-Sik
    • Journal of National Security and Military Science
    • /
    • s.4
    • /
    • pp.351-379
    • /
    • 2006
  • Former ministers of national defense and foreign affairs, intellectuals such as former and incumbent professors, and various NGO groups are demanding the South Korean government to stop promoting independence in operational control which is currently held by the United States Armed Forces in Korea commander. Although the Korea should exercise operational control independently in the future, orientation on the direction which should be taken under consideration in promoting this transfer should be assumed. First of all, South Korea must sufficiently examine the criticisms and dissenting opinions, and reflect them in promoting independence in operational control. From now on, the South Korean government should reflect the opinions of experts in operational control, and must promote the transfer with national consensus. Unilateral enforcement of the transfer may cause serious errors and aggravate conflicts Second, ROKA's exercise of independence in operational control should take place only after gaining restraint on North Korea's attack against the South, and the issues on nuclear weapons and weapons of mass destruction(WMD) has been resolved, and a peace regime has been reached. Furthermore, exercise of independence in wartime operational control should be promoted only if there is a guarantee that international trust and the military collaboration will be restored to a level beyond the present state. Third, the USFK and the Korean-US alliance is providing South Korea with national security, not to mention tremendous diplomatical, and economical benefits However, if the alliance between the two countries become weakened due to the exercise of the independence in operational control, we might suffer a great deal of loss. Even though reasonable justification and external independence may be gained through promoting independence in operational control, it should be promoted in a longitudinal manner because national security problems and conflicts may be intensified, and there is no actual profit in doing so. Fourth, if the Korean-US alliance becomes weakened and therefore the United States decides to discuss eastern-asia strategies, North Korea deterrence strategies, and Japanese rearmament issues with other neighboring countries, South Korea may become diplomatically isolated and a subordinate to surrounding countries, destroying the independence we have now instead of restoring it Therefore searching for means to reinforce international trust and collaboration between South Korea and the United States, and leaving ROKA’s independence in operational control as a long term objective would be a more realistic method.

  • PDF

Development and Application of Traffic Accident Forecasting Model for Signalized Intersections (Four-Legged Signalized Intersections In Kwang-Ju) (신호교차로 교통사고 예측모형의 개발 및 적용 (광주광역시 4-지 신호교차로를 중심으로))

  • 하태준;강정규;박제진
    • Journal of Korean Society of Transportation
    • /
    • v.19 no.6
    • /
    • pp.207-218
    • /
    • 2001
  • As a city and industries are developed rapidly, a traffic accident and congestion take places on the road link become serious and it can be a large problem of the society in the future. Especially, most of the traffic accidents on the signalized intersection are caused by the human factor, vehicle and environmental factor mutually. The relation of the traffic accident and volume is acting on the outbreak of the traffic accident and the mistake of driver altogether as a major cause. The purpose of this paper is to develop a model for the forecasting of the traffic accident and to use research data gained to predict many traffic accidents. The data of this study were used with real one of the 73 areas of the four-legged signalized intersection in Kwang-ju city from 1996 to 1998 for three years to develop a model for the forecasting of the traffic accident. The statistical methods used in this paper are the principal component, regression and correlation analysis. We studied accident models to find out useful data from the statistics method and applied the data to the different area of the Choun-La province for the verification of the model. So, the result of this paper showed a reasonable model for the forecasting or the traffic accident and possibility of the model for simulating on real case. Finally, This study would be made of a study continually for the safe design and plan for the four-legged signalized intersection.

  • PDF

Calibration of cultivar parameters for cv. Shindongjin for a rice growth model using the observation data in a low quality (저품질 관측자료를 사용한 벼 생육 모델의 신동진 품종모수 추정)

  • Hyun, Shinwoo;Kim, Kwang Soo
    • Korean Journal of Agricultural and Forest Meteorology
    • /
    • v.21 no.1
    • /
    • pp.42-54
    • /
    • 2019
  • Crop models depend on a large number of input parameters including the cultivar parameters that represent the genetic characteristics of a given cultivar. The cultivar parameters have been estimated using high quality data for crop growth, which require considerable costs and efforts. The objective of this study was to examine the feasibility of using low quality data for the parameter estimation. In the present study, the cultivar parameters for cv. Shindongjin were estimated using the data obtained from the report of new cultivars development and research from 2005 to 2016. The root mean square errors (RMSE) of the heading dates were less than 3 days when the parameters associated with phenology were estimated. In contrast, the coefficient of determination for yield tended to be less than 0.1. The large errors incurred by the fact that no growth data collected over a season was used for parameter estimation. This suggests that detailed observation data needs to be prepared for parameter calibration, which would be aided by remote sensing approaches. The occurrence of natural disasters during a growing season has to be considered because crop models cannot take into account the effects of those events. Still, our results provide a reasonable range for the parameters, which could be used to set the boundary of a given parameter for cultivars similar to cv. Shindongjin in further studies.