• Cross-Cultural Studies
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• v.50
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• pp.131-172
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• 2018

It is noted that nowadays, the bride wealth custom takes an extremely distorted form in African society. Such a phenomenon is a result that the male-dominant culture, Western religions, and capitalist economic system have been negatively combined into dynamic factors seen as bride wealth. This means that the concept of bride wealth has been incessantly reconstructed in the middle of clash and conflict of tradition and modernity. There is also little doubt that the practice is inextricably tangled with the common and current ways of livelihood, early marriage, polygyny, kinship/family structure, poverty, and migration labor. Bride wealth has become an increasingly commercialized element under a capitalist economic system. Accordingly, its traditional symbolism is seen to be subsequently weakening, whereas a tendency towards the reification of women is strengthening more in modern society that embraces modern customs bent on the protection of women's human rights. Its commercialization has produced a result, which instigates the noted violations of women's basic human rights, gender inequality, and promotion of domestic violence. The ways that people perceive bride wealth vary according to their own sex, generation, stratification, and ethnic background. Those people who negatively recognize bride wealth will increase with the deepening of its commercialization due to the influence of capitalism. Its color and effect will deepen and depend on how its agents correspond to socioeconomic changes. They will constantly reinterpret and reconstruct it within their own environments, but the basic human rights efforts are constantly under review by concerned individuals seeking to promote equality for women as a global effort.

• Cartoon and Animation Studies
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• s.38
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• pp.1-28
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• 2015

The work appeared a featured female character in the Disney animation film begins with 'Snow White' released in 1937. After then, the 11 female characters appeared included 'Tangled' in 2010. Female characters reveal their identity due to obedient, family-oriented and marriage with prince and then gradually develop to heroine who leads to man, and is independent, pioneering, and sometimes saves the nation. Nevertheless, the ending of the Disney animation was still not escape the institutional, traditional discourse. Female characters are followed to meet the featured actor kissing and marriage, or was to show the virtues of sacrifice for the actor. However, Elsa in 'Frozen' is the character with an independent identity compared with the patriarchy, male chauvinism and heterosexual dichotomous discourse given so far in Disney. In this study, it is to explain the change of gender identity in the character of Elsa through Queer theory that deconstructs the distinction between sex and gender, and is constituted by the actions typed and performed the gender concept, and is dismantling the dichotomy itself such as male/female, heterosexual/homosexual. The performative of Queer make the boundaries between lesbian-gay, sexuality and heterosexual ambiguous. It can be said that the performative has political nature resisted to the dominant discourse through these parodiable strategy. The performative showed of Elsa is in the boundaries between the sisterhood and the heterosexual. When analyzed in a heterosexual perspective Elsa's identity is to be understood as simply just love the intimacy of a sister and a sister. On the other hand, if you focused on the relationship between women and the relationship between Elsa and Anna is recognized as the point of view of homosexuality. Because if you look at the concept of lesbian continuum, the homosexual love in the female characters of Disney seems like a bond between women, easier than heterosexual love can be hidden sexual desires. Elsa has developed into a performative identity through the expression of performative and the inhibitory of queer identity. And then the her sorcery that was initially contraindicated and the presence of a fear became to the 'lesbian phallus'. The sorcery that can be seen the signifying phallus against to the privileges of heterosexual patriarchy is recognized in the world of Arendal. Elsa is a new women featuring Disney characters. as this character is analysised by Queer theory, this study seeks to expand the area of the various character analysis methods.

• Journal of the korean academy of Pediatric Dentistry
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• v.34 no.4
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• pp.560-568
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• 2007

This study was performed to compare the shear bond strength of primary enamel & dentin treated by AQ Bond $Plus^{TM}$ and G $Bond^{TM}$, recently developed 6th generation dentin bonding system, to that of Single $Bond^{TM}$ being widely used. Also by observing the resin tag under scanning electron microscope, Resin tags of each material were also observed under scanning electron microscope and compared to one another. The possibility of clinical application of All-in-One system which has an advantage to reduce chair-time for children with difficult behavior pattern was evaluated. The results obtained are as follows: 1. No statistically significant difference between groups was found in shear bond strength of primary enamel. 2. In primary dentin, the shear bond strength of AQ Bond $Plus^{TM}$ was $1.15\;{\pm}\;0.37\;MPa$, G $Bond^{TM}$ was $1.69\;{\pm}\;0.74\;MPa$ and Single $Bond^{TM}$ was $0.56\;{\pm}\;0.11\;MPa$. There were no statistical difference between AQ Bond $Plus^{TM}$ and G $Bond^{TM}$ and between G $Bond^{TM}$ and Single $Bond^{TM}$, whereas statistically significant difference was found between AQ Bond $Plus^{TM}$ and Single $Bond^{TM}$. 3. Under scanning electron microscope, resin tags observed in AQ Bond $Plus^{TM}$ and G $Bond^{TM}$ were very weak and tangled while strong and thick tags were shown with many lateral branches in Single $Bond^{TM}$. The result of the present study coupled with the advantages of less working time over the previous generation suggests that All-in-One system might be effectively used in adhesive dental procedures for primary teeth.

• Journal of the korean academy of Pediatric Dentistry
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• v.33 no.4
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• pp.661-672
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• 2006

This study was performed to compare the shear bond strength of AQ Bond $Plus^{TM}$ with AQ $Bond^{TM}$ and Single $Bond^{TM}$. Also by observing the fractured interface under scanning electro-microscope, the fracture pattern and the quality of hybrid layer were analyzed. The possibility of clinical application of all-in-one system which has an advantage to reduce chair time for children with difficult behavior pattern was evaluated, The results obtained are as follows ; 1. There was no significant difference between AQ $Bond^{TM}$ and AQ Bond $Plus^{TM}$ in shear bond strength and Single Bond showed the highest bond strength with statistical significant difference (p<0.05). 2. Adhesive fracture pattern was mainly observed in both enamel/dentin in AQ $Bond^{TM}$ and AQ Bond $Plus^{TM}$ group while Single Bond group showed equal numbers for cohesive and adhesive pattern. 3. Under scanning electro-microscope, resin tags observed in AQ $Bond^{TM}$ and AQ Bond $Plus^{TM}$ were very weak and tangled while strong and thick tags were shown with many lateral branches in Single Bond. Careful case selection and accurate clinical application is recommended when using AQ $Bond^{TM}$ and AQ Bond $Plus^{TM}$considering the result showing its weaker strength than Single $Bond^{TM}$.

• Journal of the korean academy of Pediatric Dentistry
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• v.35 no.3
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• pp.456-468
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• 2008

This study was performed to evaluate the quality of newly offered dentin bonding system($AdheSE^{(R)}$ One) by comparing the degree of microleakage measured with those of several conventional adhesive materials(AQ Bond Plus and $Adper^{TM}$ Single Bond 2). The quality of hybrid layer and resin tags was analyzed by observing restoration/ tooth interface under SEM. All-in-one system is in the limelight for having advantage of reducing chair time of children with difficult behavior pattern. Therefore the possibility of clinical application of All-in-one system was evaluated. The results obtained are as follows; 1. At the enamel margin, group II(AQ Bond Plus) showed the highest value of microleakage, and the other groups showed decreased value in order of group III($AdheSE^{(R)}$ One) and I($Adper^{TM}$ Single Bond 2). There was statistically significant difference between group II and the others(p<0.05), and no statistical difference was found between group I and III. 2. At the dentin margin, microleakage value was increased in order of group II, I, III and significant difference between all groups(p<0.05). 3. In group I and III, microleakage value measured at the enamel margin was significantly lower than that seen at the dentin margin(p<0.05), and there was no statistical difference in group II. 4. Resin tags observed under SEM were very weak and tangled in group II and III while the strong and thick tags were observed in group I. In conclusion, careful case selection and accurate clinical application is recommended in using AQ Bond Plus and $AdheSE^{(R)}$ One, giving consideration of the results showing its higher microleakage and weaker strength than $Adper^{TM}$ Single Bond 2.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.31-66
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• 2008

Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.59-89
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• 2009

The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

• 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.