• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.3-54
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• 2014

The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.

• Korean Journal of Agricultural and Forest Meteorology
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• v.10 no.1
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• pp.17-24
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• 2008

This study was performed to estimate non-$CO_2$ greenhouse gases (i.e., GHGs) emission from biomass burning at a local scale. Estimation of non-$CO_2$ GHGs emission was conducted using Landsat TM satellite imagery in order to assess the damage degree in burnt area and its effect on non-$CO_2$ GHGs emission. This approach of estimation was based on the protocol of the 2003 IPCC Guidelines. In this study, we used one of the most severe fire cases occurred Samcheock in April, 2004. Landsat TM satellite imageries of pre- and post-fire were used 1) to calculate delta normalized burn ratio (dNBR) for analyzing burnt area and burn severity of the Samcheok large-fire and 2) to quantify non-$CO_2$ GHGs emission from different size of the burnt area and the damage degree. The analysis of dNBR of the Samcheok large-fire indicated that the total burnt area was 16,200ha and the size of the burnt area differed with the burn severity: out of the total burnt area, the burn severities of Low (dNBR < 152), Moderate (dNBR = 153-190), and High (dNBR = 191-255) were 35%, 33%, and 32%, respectively. It was estimated that the burnt areas of coniferous forest, deciduous forest, and mixed forest were about 11,506ha (77%), 453ha (3%), and 2,978ha (20%), respectively. The magnitude of non-$CO_2$ GHGs emissions from the Samcheok large-fire differed significantly, showing 93% of CO (44.100Gg), 6.4% of CH4 (3.053Gg), 0.5% of $NO_x$ (0.238Gg), and 0.1% of $N_2O$ (0.038Gg). Although there were little changes in the total burnt area by the burn severity, there were differences in the emission of non-$CO_2$ GHGs with the degree of the burn severity. The maximum emission of non-$CO_2$ GHGs occurred in moderate burn severity, indicating 47% of the total emission.

• 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.

• Horticultural Science & Technology
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• v.33 no.4
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• pp.591-597
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• 2015

We determined the total C and N stocks in trees and soils after 1 year of fertilization in an experimental orchard with 16-year-old 'Niitaka' pear (Pyrus pyrifolia Nakai cv. Niitaka) trees planted at $5.0m{\times}3.0m$ spacing on a Tatura trellis system. Pear trees were fertilized at the rate of 200 kg N, 130 kg P and $180kg\;K\;ha^{-1}$. At the sampling time (August 2013), trees were uprooted, separated into six fractions [trunk, main branches, lateral branches (including shoots), leaves, fruit, and roots] and analyzed for their total C and N concentrations and dry masses. Soil samples were collected from 0 to 0.6 m in 0.1 m intervals at 0.5 m from the trunk, air-dried, passed through a 2-mm sieve, and analyzed for total C and N concentrations. Undisturbed soil core samples were also taken to determine the bulk density. Dry mass per tree was 5.6 kg for trunk, 12.0 kg f or m ain branches, 15.7 kg for lateral branches, 5.7 kg for leaves, 9.8 kg for fruits, and 10.5 kg for roots. Total amounts of C and N per tree were respectively 2.6 and 0.02 kg for trunk, 5.5 and 0.04 kg for main branches, 7.2 and 0.07 kg for lateral branches, 2.6 and 0.11 kg for leaves, 4.0 and 0.03 kg for fruit, and 4.8 and 0.05 kg for roots. Carbon and N stocks stored in the soil per hectare were 155.7 and 14.0 Mg, respectively, while those contained in pear trees were 17.8 and $0.2Mg{\cdot}ha^{-1}$ based on a tree density of 667 trees/ha. Overall, C and N stocks per hectare stored in the pear orchard were 173.6 and 14.2 Mg, respectively. Compared with results obtained in 2012, the amounts of C stocks have increased by $17.7Mg{\cdot}ha^{-1}$, while those of N stocks remained virtually unchanged ($0.66Mg{\cdot}ha^{-1}$).

• Journal of Preventive Medicine and Public Health
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• v.27 no.1 s.45
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• pp.11-24
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• 1994

The studies reported here were undertaken to investigate the effects of mercury chloride on immune system of Balb/c mouse employing a flexible tier of in vitro and in vivo assays. Mercury chloride inhibited the proliferative responses of spleen cells to lipopolysaccharide, pokeweed mitogen, and phytohemagglutinin as a dose-dependent manner. This inhibitory effect was observed not only when $HgCl_2$ was added 2nd or 3rd day of 3 days culture period but also when spleen cells was pretreated with $HgCl_2$ for 2 hours. Mercury chloride, however, potentiated the production of IgM and IgG from spleen cells. During the $HgCl_2$ administration by drinking for 3 weeks, the weight gain of mice was significantly blunted than that o control group mice, while no overt signs related to mercury toxicity were noted in any mice of experimental group. There was no change in thymus and spleen weights, and in histological findings of kidney, bone marrow of femur, thymus, spleen, and popliteal lymph node after 3 weeks of mercury exposure. However, $HgCl_2$ induced a significant increase of total serum IgM, IgG including $IgG_1,\;IgG_{2a}\;and\;IgG_{2b}$, and IgE in Balb/c mice. Treatment in vivo with anti-IL-4 monoclonal antibody significantly abrogated the $HgCl_2$-induced increase in total serum IgG1 and IgE. Whereas $HgCl_2$ potentiated total serum IgM and IgG, there was no difference in total serum hemagglutinin to SRBC (Sheep Red Blood Cell) between experimental and control group mice when these mice were immunized with SRBC. All these findings observed in Balb/c mice suggest that mercury perturbates well-orchestrated regulation of immune responses before developing histopathological changes in lymphoid tissues.

• Journal of KIISE:Information Networking
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• v.29 no.6
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• pp.595-612
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• 2002

One of the most important issues in guaranteeing the high degree of QoS on mobile computing is how to reduce hand-off drops caused by lack of available bandwidth in a new cell. Each cell can request bandwidth reservation to its adjacent cells for hand-off calls. This reserved bandwidth can be used only for hand-offs, not for new calls. It is also important to determine how much of bandwidth should be reserved for hand-off calls because reserving too much would increase the probability of a new call being blocked. Therefore, it is essential to develop a new mechanism to provide QoS guarantee on a mobile computing environment by reserving an appropriate amount of bandwidth and call admission control. In this paper. bandwidth reservation and call admission control mechanisms are proposed to guarantee a consistent QoS for multimedia traffics on a mobile computing environment. For an appropriate bandwidth reservation, we propose an adaptive bandwidth reservation mechanism based on an MPP and a 2-tier cell structure. The former is used to predict a next move of the client while the latter to apply our mechanism only to the client with a high hand-off probability. We also propose a call admission control that performs call admission test only on PNC(Predicted Next Cell) of a client and its current cell. In order to minimize a waste of bandwidth caused by an erroneous prediction of client's location, we utilize a common pool and QoS adaptation scheme. In order evaluate the performance of our call admission control mechanism, we measure the metrics such as the blocking probability of new calls, dropping probability of hand-off calls, and bandwidth utilization. The simulation results show that the performance of our mechanism is superior to that of the existing mechanisms such as NR-CAT2, FR-CAT2, and AR-CAT2.

• Journal of Korean Society for Atmospheric Environment
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• v.28 no.3
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• pp.233-248
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• 2012

The national emission from energy sector accounted for 84.7% of all domestic emissions in 2007. Of the energy-use emissions, the emission from mobile source as one of key categories accounted for 19.4% and further the road transport emission occupied the most dominant portion in the category. The road transport emissions can be estimated on the basis of either the fuel consumed (Tier 1) or the distance travelled by the vehicle types and road types (higher Tiers). The latter approach must be suitable for simultaneously estimating $CO_2$, $CH_4$, and $N_2O$ emissions in local administrative districts. The objective of this study was to estimate 31 municipal GHG emissions from road transportation in Gyeonggi Province, Korea. In 2008, the municipalities were consisted of 2,014 towns expressed as Dong and Ri, the smallest administrative district unit. Since mobile sources are moving across other city and province borders, the emission estimated by fuel sold is in fact impossible to ensure consistency between neighbouring cities and provinces. On the other hand, the emission estimated by distance travelled is also impossible to acquire key activity data such as traffic volume, vehicle type and model, and road type in small towns. To solve the problem, we applied a hierarchical cluster analysis to separate town-by-town road patterns (clusters) based on a priori activity information including traffic volume, population, area, and branch road length obtained from small 151 towns. After identifying 10 road patterns, a rule building expert system was developed by visual basic application (VBA) to assort various unknown road patterns into one of 10 known patterns. The expert system was self-verified with original reference information and then objects in each homogeneous pattern were used to regress traffic volume based on the variables of population, area, and branch road length. The program was then applied to assign all the unknown towns into a known pattern and to automatically estimate traffic volumes by regression equations for each town. Further VKT (vehicle kilometer travelled) for each vehicle type in each town was calculated to be mapped by GIS (geological information system) and road transport emission on the corresponding road section was estimated by multiplying emission factors for each vehicle type. Finally all emissions from local branch roads in Gyeonggi Province could be estimated by summing up emissions from 1,902 towns where road information was registered. As a result of the study, the GHG average emission rate by the branch road transport was 6,101 kilotons of $CO_2$ equivalent per year (kt-$CO_2$ Eq/yr) and the total emissions from both main and branch roads was 24,152 kt-$CO_2$ Eq/yr in Gyeonggi Province. The ratio of branch roads emission to the total was 0.28 in 2008.

• Korean Journal of Soil Science and Fertilizer
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• v.45 no.5
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• pp.842-847
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• 2012

This study was conducted to estimate the greenhouse gas emissions on local government levels from 1990 to 2010 using 2006 IPCC guideline methodology. To calculate greenhouse gas emissions based on the 16 local governments, emission factor and scaling factor were used with default value and activity data came from the food, agricultural, forestry and fisheries statistical yearbook of MIFAFF (Ministry for Food, Agriculture, Forestry, and Fisheries). The total emissions in crop sector gradually decreased from 1990 to 2010 due to a decline in agricultural land and nitrogen fertilizer usage. The annual average emission of greenhouse gas was the highest in Jeonnam (JN) with 1,698 Gg $CO_2$-eq and following Chungnam (CN), Gyungbuk (GB), Jeonbuk (JB) and Gyunggi (GG). The sum of top-six locals emission had occupied 83.4% of the total emission in cropland sector. The annual average emissions in 1990 by applying 2006 IPCC guideline were approximately 43% less than the national greenhouse gas inventory by 1996 IPCC guideline. Jeonnam (JN) province occupied also the highest results of greenhouse gas emission estimated by gas types (methane, nitrous oxide and carbon dioxide) and emission sources such as rice cultivation, agricultural soil, field burning of crop residue and urea fertilizer.

• Korean Journal of Organic Agriculture
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• v.19 no.1
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• pp.55-64
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• 2011

To investigate a comparison of rice yield and quality by a utilization of green crops using barley and hairyvetch, this study was carried out in rice (Oryza sativa L.) organic cultivation field. Convention barley harvest (CBH), Green barley crop (GBC), Green barley+Green Hairyvetch crop (GB+HVC), and Non-Green crop (NGC) were treated in rice cultivation field. The results obtained as following: 1) Culm length and pancile length in Convention barley harvest (CBH) cultivation were longer than organic cultivation but were not significant difference in all treatments. Yields of milled rice in Green barley crop (GBC) and Green barley+Green Hairyvetch crop (GB+HVC) were by 90.3% and 95.9%, respectively. 2) Protein contents in Green barley crop (GBC) and Green barley+Green Hairyvetch crop (GB+HVC) were by 5.7% lower than 6.6% in Convention barley harvest (CBH) cultivation. Amylose contents in all treatment were similar as range 18.8% to 19.1%. Whiteness contents in Green barley crop (GBC) and Green barley+Green Hairyvetch crop (GB+HVC) were slightly higher by 38.9% and 39.1%, respectively, than 37.7% in Convention barley harvest (CBH) cultivation. 3) Palatability values in Barley harvest (BH) and Non-Green crop (NGC) were slightly higher by 82.0 and 83.8, respectively, than 77.6 in Convention barley harvest (CBH) cultivation. 4) Head rice in Non-Green crop (NGC) was 95.5%, while that of Convention barley harvest (CBH), Green barley crop (GBC), and Green barley+Green Hairy-vetch crop (GB+HVC) were slightly low as range 93.8% to 94.2%. White core and belly rice in Convention barley harvest (CBH) cultivation was the highest level by 1.7%. 5) Leaf blast, neck blast, sheath blight, rice stem maggot, rice leaf roller, rice leaf-tier, and green rice leafhopper were occurred lightly in rice field.

• Korean Journal of Materials Research
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• v.8 no.12
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• pp.1165-1169
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• 1998

A single crystal cast blade was manufactured by CMSX 6, one of the first generarion nickel based single crystal superalloys by the selector method in a vacuum furnace. The single crystal has been grown with cooling rate of 2.5 mm/min, after pouring the molten alloy of 163$0^{\circ}C$ to the mold heated to 150$0^{\circ}C$. The cast structure could be classified into matrix (dendrite) and eutectic regions in ${\gamma}$'shape and size. The eutectic region showed higher Ti content. As the additional results of ${\gamma}$'precipitates by EPMA and CBED analysis the ${\gamma}$'size was less than 0.5~0.7$\mu\textrm{m}$, showing the chemical composition close to Ni$_3$Al of Ll$_2$ lattice structure. But ${\gamma}$'size has increased to bigger than 1.0$\mu\textrm{m}$, being near to eutectic region, changing its shape to bar or huge block types. These showed the chemical structure near to Ni$_3$Ti of D $O_{24}$ lattice structure. Therefore, ${\gamma}$'morphology of dendrite and eutectic regions depends absolutely on its chemical composition and lattice structure.