• Title/Summary/Keyword: certain

Search Result 16,083, Processing Time 0.045 seconds

Applicability evaluation of GIS-based erosion models for post-fire small watershed in the wildland-urban interface (WUI 산불 소유역에 대한 GIS 기반 침식모형의 적용성 평가)

  • Shin, Seung Sook;Ahn, Seunghyo;Song, Jinuk;Chae, Guk Seok;Park, Sang Deog
    • Journal of Korea Water Resources Association
    • /
    • v.57 no.6
    • /
    • pp.421-435
    • /
    • 2024
  • In April 2023, a wildfire broke out in Gangneung located in the east coast region due to the influence of the Yanggang-local wind. In this study, GIS-based RUSLE(Revised Universal Soil Loss Equation) and SEMMA (Soil Erosion Model for Mountain Areas) were used to evaluate the erosion rate due to vegetation recovery in a small watershed of the Gangneung WUI(Wildland-Urban Interface) fire. The small watershed of WUI fire has a low altitude range of 10-30 m and the average slope of 10.0±7.4° which corresponds to a gentle slope. The soil texture was loamy sand with a high organic content and the deep soil depth. As herbaceous layer regenerated profusely in the gully after the wildfire, the NDVI (Normalized Difference Vegetation Index) reached a maximum of 0.55. Simulation results of erosion rates showed that RUSLE ranged from 0.07-94.9 t/ha/storm and SEMMA ranged from 0.24-83.6 t/ha/storm. RUSLE overestimated the average erosion rate by 1.19-1.48 times compared to SEMMA. The erosion rates were estimated to be high in the middle slope where burned pine trees were widely distributed and the slope was steep and to be relatively low in the hollow below the gully where herbaceous layer recovers rapidly. SEMMA showed a rapid increase in erosion sensitivity under at certain vegetation covers with NDVI below 0.25 (Ic = 0.35) on post-fire hillslopes. Gentle slopes with high organic content and rapid recovery of natural vegetation had relatively low erosion rate compared to steep slopes. As subsequent infrastructure and human damages due to sediment disaster by heavy rain is anticipated in WUI fire areas, the research results may be used as basic data for targeted management and decision making on the implementation of emergency treatment after the wildfire.

How Entrepreneur Competency Impacted Startup Survival During the COVID-19 Pandemic: The Mediating Role of Business Performance (코로나19 팬데믹 기간 창업자 역량이 창업기업의 생존에 미치는 영향: 경영 성과의 매개 역할)

  • Kim, Bongkeun;Yoo, Bumjoon;Hwangbo, Yun;Kim, YoungJun
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
    • /
    • v.19 no.3
    • /
    • pp.155-172
    • /
    • 2024
  • The COVID-19 pandemic not only posed an enormous human crisis, but also had a profound impact on firms' survival. Social distancing and global lockdown measures designed to protect human lives have paradoxically impaired the business environment. As a result, firms that sought to gain competitive advantage by leveraging external resources were cut off from the external world and faced unexpected challenges. Under these circumstances, researches were conducted in the early stage of the pandemic to explore how certain firms survived while others fell, but they were limited to re-examining business performance using traditional financial factors. However, this study aims to investigate the role of entrepreneurs' competency in crisis situations from the Resource-Based View (RBV), as such competency plays an important role in improving business performance and subsequently the probability of startups' survival. Specifically, we evaluated the performance as of end of 2019 of 1,127 startups evaluated by the Korea Technology Finance Corporation (KOTEC), which provides policy financing based on technology assessment, in 2016. We then conducted an empirical study to determine the mediating role of business performance in the relationship between entrepreneurial competencies and firm survival by verifying how many of the sample firms were still in operation at the end of June 2023, when the Korean government declared COVID-19 as an endemic. For this purpose, we defined technological, financial, and marketing competencies as the sub-factors of entrepreneurial competency, and sales growth rate and employment growth rate as the sub-factors of business performance. The results of the empirical analysis showed that technological and financial competencies of the entrepreneur had a positive impact on both business performance and firm survival, and that sales growth rate and employment growth rate mediated the relationship between technological competence and firm survival. However, the positive influence of entrepreneurs' financial competence of the survival of startups was only evident through the growth of employment. This study is the first study in South Korea to define the survival factors of startups in the context of the COVID-19 pandemic, and is expected to contribute to the theoretical and practical discussions on the importance of entrepreneurs' competency as a firms' survival factor based on RVB.

  • PDF

Identifying Distribution Areas and Population Sizes for the Conservation of the Endangered Species Odontobutis obscura (멸종위기종 남방동사리의 보전을 위한 상세 분포 지역 및 개체군 크기 파악)

  • Jeong-Hui Kim;Sang-Hyeon Park;Seung-Ho Baek;Chung-Yeol Baek
    • Korean Journal of Ecology and Environment
    • /
    • v.57 no.2
    • /
    • pp.102-110
    • /
    • 2024
  • This study presents a fine scale distribution of the endangered species, Odontobutis obscura, through field surveys and literature reviews. Using the mark-recapture method, the population size in major habitats was determined. Field surveys conducted on 18 streams in Geoje Island revealed that the O. obscura was only found in the main streams and tributaries of the Sanyang, Gucheon, and Buchun Streams, which are part of the Sanyang Stream watershed. The O. obscura exhibited relative abundances ranging from 0.5% to 35.3% at different locations, with certain spots showing higher relative abundances (18.8% to 35.3%), indicating major habitat areas. A review of six literature studies confirmed the presence of the O. obscura, although there were differences in occurrence status depending on the purpose, scope, and duration of the studies. Combining the results of field and literature surveys, it was found that the O. obscura inhabits the main and tributary streams of the Sanyang, Gucheon, and Buchun Streams, from the upper to lower reaches. Currently, the O. obscura population in the Sanyang Stream watershed maintains a stable habitat, but its limited distribution range suggests potential issues such as genetic diversity deficiency in the long term. The population size of the O. obscura was confirmed at two specific locations, with densities of 0.5 to 1.5 individuals per m2. The average movement distance from the release point was 13.1 m, indicating the limited mobility characteristic of ambush predators. Understanding the distribution and population size of endangered species is the first step towards their conservation and protection. Based on this information, further research could significantly contribute to the conservation of the O. obscura.

Exploring Pre-Service Earth Science Teachers' Understandings of Computational Thinking (지구과학 예비교사들의 컴퓨팅 사고에 대한 인식 탐색)

  • Young Shin Park;Ki Rak Park
    • Journal of the Korean earth science society
    • /
    • v.45 no.3
    • /
    • pp.260-276
    • /
    • 2024
  • The purpose of this study is to explore whether pre-service teachers majoring in earth science improve their perception of computational thinking through STEAM classes focused on engineering-based wave power plants. The STEAM class involved designing the most efficient wave power plant model. The survey on computational thinking practices, developed from previous research, was administered to 15 Earth science pre-service teachers to gauge their understanding of computational thinking. Each group developed an efficient wave power plant model based on the scientific principal of turbine operation using waves. The activities included problem recognition (problem solving), coding (coding and programming), creating a wave power plant model using a 3D printer (design and create model), and evaluating the output to correct errors (debugging). The pre-service teachers showed a high level of recognition of computational thinking practices, particularly in "logical thinking," with the top five practices out of 14 averaging five points each. However, participants lacked a clear understanding of certain computational thinking practices such as abstraction, problem decomposition, and using bid data, with their comprehension of these decreasing after the STEAM lesson. Although there was a significant reduction in the misconception that computational thinking is "playing online games" (from 4.06 to 0.86), some participants still equated it with "thinking like a computer" and "using a computer to do calculations". The study found slight improvements in "problem solving" (3.73 to 4.33), "pattern recognition" (3.53 to 3.66), and "best tool selection" (4.26 to 4.66). To enhance computational thinking skills, a practice-oriented curriculum should be offered. Additional STEAM classes on diverse topics could lead to a significant improvement in computational thinking practices. Therefore, establishing an educational curriculum for multisituational learning is essential.

A Study on How to Improve Local Government Ordinances to Promote Korean Heritage Information Management : Focusing on the relation aspect of Korean Heritage laws and ordinances (국가유산 정보 관리 활성화를 위한 광역자치단체 조례의 개선 방향 연구 : 국가유산 관련 법과 조례의 관계적 성격을 중심으로)

  • GANG Bobae;JOO Sanghun
    • Korean Journal of Heritage: History & Science
    • /
    • v.57 no.3
    • /
    • pp.140-160
    • /
    • 2024
  • The implementation of the "Basic Law on Korean Heritage" on May 17, 2024, brought about significant changes in the operation of Korean heritage-related ordinances in 17 local governments. This study specifically analyzes the production, collection, and information transfer of Korean heritage information between the Korean Heritage Service and local governments, focusing on the provisions of the law. Finally, in order to achieve the goal of revitalizing the management of Korean heritage information, the study suggests five directions for improvement of the local government ordinance from three perspectives. Firstly, in order to systematize the production of Korean heritage information, it is necessary to specify the entities that produce and manage information in Korean heritage, and to select important Korean heritage information from the information produced and manage it strategically. In today's complex Korean heritage management environment, it is impossible to manage all the Korean heritage information produced by various stakeholders. Secondly, in order to systematize the delivery of Korean heritage information, detailed procedures related to the information to be delivered to the Korean Heritage Service should be specified, and a clear plan for information delivery and management between local and basic local governments should be defined. In the Korean heritage information delivery system, local governments play various roles as direct information providers, managers, consumers, and transmitters. Therefore, it is necessary to specify the provisions of the ordinance so that local governments can systematically fulfill their various roles in the Korean heritage information delivery system. Thirdly, in order to activate the production of Korean heritage information, local governments should review the provisions of the Act to ensure that important Korean heritage information generated from directory provisions and non-mandatory provisions, in addition to the mandatory provisions of the Korean Heritage Act, is not omitted. In particular, Korean heritage information is not just administrative information, but also includes specialized information for the maintenance of the current state of Korean heritage. Therefore, if certain Korean heritage information is partially missing, there may be a gap in intergovernmental communication for Korean heritage management.

A Discovery of the Creative Healing Properties in the Unconscious of Alcoholics: From the Perspective of Analytical Psychology (알코올 중독에서 발견되는 무의식의 창조적 치유 활동: 분석심리학의 관점에서)

  • Kihong Baek
    • Sim-seong Yeon-gu
    • /
    • v.39 no.1
    • /
    • pp.129-183
    • /
    • 2024
  • This study is an attempt to get closer to the psychological truth of alcohol addiction. After reviewing previous related studies, the experiences of Korean alcoholics were examined, encompassing both the conscious and unconscious aspects. In order to approach the unconscious, the researcher paid attention to the series of dreams that the patients reported, from the perspective of Jungian dream analysis. Working with dreams brought considerable benefits in increasing patient's involvement in the therapeutic process and fostering therapist-patient alliance. It also helped to understand patients' conscious and unconscious aspects further. The results were as follows. On the conscious level, patients showed a long-standing alienation from their true emotional needs, a lack of sufficient experience in genuinely expressing and being accepted with one's own emotion, resulting in the need for emotional re-experience, along with the intense longing for maternal affection. This also meant that they were in need for maternal re-experience, and at the same time, for the associated paternal re-experience. Furthermore, the researcher identified that certain powerful archetypal complexes had been activated in the patient's unconscious in response to their conscious situations, triggering the destructive shadows to emerge and exert a strong influence on their conscious lives. The series of reported dreams shows how the unconscious always properly and diligently compensates, modifying the perspective and attitude of the conscious and gradually opening the doors to healing, even for alcoholic patients. This indicates that the unconscious carries out a specific and consistent guidance role so the conscious can realize and adequately respond to it, and that it also provides the creative force for transforming the conscious life. These findings suggest that alcohol addiction is a psychological condition that can jeopardize one's life by allowing the powerful energy of the unconscious to penetrate the conscious, but at the same time, have the purpose and direction to urge the creative transformation of one's conscious life. From these results, it can be concluded that the first step towards true recovery is for the individual to turn their attention towards the psychological truth occurring within themselves. In this regard, the therapist's role is crucial. This also suggests that various attempts in the field of addiction treatment will blossom their real values when they contribute, directly or indirectly, to the development of one's self-awareness since as long as one continues to turn away from the psychological truth and persist in craving for false objects, their creative healing properties in the unconscious could rather have negative and destructive impacts on their life.

The Impacts of Exclusion from Natural Park Districts by Park Re-planning on Prices and Construction Activities of Private Lands (자연공원 재계획에 따른 공원구역 해제가 사유지 지가와 건축행위에 미치는 영향)

  • Sung-Woon Hong;Woo Cho;Chan-Yong Sung
    • Korean Journal of Environment and Ecology
    • /
    • v.38 no.4
    • /
    • pp.416-425
    • /
    • 2024
  • This study aims to analyze the changes in land prices and building construction activities before and after exclusion from park district as results of natural park re-planning. Seoraksan National Park, Namhansanseong Provincial Park, and Cheonmasan County Park were selected as study areas, and prices and construction activities were compared between areas remaining in and areas excluded from park districts for ten years after park re-planning. Land prices increased in all three study parks. The largest difference in land prices between remaining and excluded areas occurred in Cheonmasan City Park. Land price increased more in excluded than remaining areas in Seoraksan National Park. Unlike these two parks, the changes in land prices were not much different between remaining and excluded areas in Namhansanseong Provincial Park, which can be attributed to the facts that 1) provincial parks were already developed to certain level even before the exclusion due to its less stringent land use regulation than national parks, and 2) that Namhansanseong Provincial Park was also designated as Restricted Development Zone that has similar land use regulation level to natural parks. Comparison between building density measures before and after exclusion shows that development density generally increased after the exclusion. Building heights mostly increased during 10 years after the exclusion. Building to land ratios and floor area ratios also increased. However, building to land ratios and floor area ratios increased only slightly in Namhansanseong Provincial Park and Cheonmasan City Park, suggesting that in provincial and city parks, land development already occurred as a result of less stringent land use regulation. In conclusion, a national park system significantly restricts property right in natural parks, especially in national parks, which make it difficult to expand existing natural parks and/or establish new natural parks. A remedy for resolving problems related to private lands, such as increasing budget for purchasing private lands and introducing park facilities for local community is urgently required.

A Comprehensive Analysis of HLA-A and HLA-DR Allele Frequencies and Haplotype Associations in a Korean Population of 790 Individuals (한국인 790명을 대상으로 한 HLA-A 및 HLA-DR 대립유전자 빈도 및 일배체형 연관성에 대한 종합적 분석)

  • Hee-Kyung HAN;Mi Hyun KIM;Seong Su JEONG;Dong Kwon KIM;Youngtaek KIM;Joon Yeon HWANG;Seong-san KANG;Seung Min YANG;Seul LEE;Sujeong BAEK;Kwangmin NA;Chai Young LEE;Yu Jin HAN;So Young PARK;Min Hee HONG;Jii Bum LEE;Sun Min LIM;Jae-Hwan KIM;Kyoung-Ho PYO;Byoung Chul CHO
    • Korean Journal of Clinical Laboratory Science
    • /
    • v.56 no.3
    • /
    • pp.236-247
    • /
    • 2024
  • The human leukocyte antigen (HLA) system, which is part of the major histocompatibility complex (MHC) plays a vital role in immune responses by differentiating between itself and foreign cells and antigens. The significant diversity of alleles affects disease susceptibility and immune responses within different populations. Specifically, the HLA-A and HLA-DRB1 alleles are associated with various immune-related diseases, and understanding the frequency and haplotype associations of these alleles is vital for genetic and immunological research. To investigate the distribution of these characteristics in Koreans, we isolated peripheral blood mononuclear cells (PBMCs) from blood samples donated by volunteers at the Seoul Central Blood Bank and performed HLA typing on 790 samples. Our study found that the HLA-A and HLA-DRB1 alleles are widely distributed within the Korean population, with HLA-A*24:02 (21.7%) and HLA-DRB1*09:01 (9.9%) being the most frequent. Significant haplotype associations between specific HLA-A and HLA-DRB1 alleles were identified using the Chi-square test, suggesting that certain genetic combinations may influence disease onset. This insight could contribute to the development of predictive and preventative strategies for various diseases. The unique genetic characteristics of the Korean population highlight the importance of studying the HLA allele and the haplotype distributions in this group as key indicators for understanding disease susceptibility.

The Effect of Mutual Trust on Relational Performance in Supplier-Buyer Relationships for Business Services Transactions (재상업복무교역중적매매관계중상호신임대관계적효적영향(在商业服务交易中的买卖关系中相互信任对关系绩效的影响))

  • Noh, Jeon-Pyo
    • Journal of Global Scholars of Marketing Science
    • /
    • v.19 no.4
    • /
    • pp.32-43
    • /
    • 2009
  • Trust has been studied extensively in psychology, economics, and sociology, and its importance has been emphasized not only in marketing, but also in business disciplines in general. Unlike past relationships between suppliers and buyers, which take considerable advantage of private networks and may involve unethical business practices, partnerships between suppliers and buyers are at the core of success for industrial marketing amid intense global competition in the 21st century. A high level of mutual cooperation occurs through an exchange relationship based on trust, which brings long-term benefits, competitive enhancements, and transaction cost reductions, among other benefits, for both buyers and suppliers. In spite of the important role of trust, existing studies in buy-supply situations overlook the role of trust and do not systematically analyze the effect of trust on relational performance. Consequently, an in-depth study that determines the relation of trust to the relational performance between buyers and suppliers of business services is absolutely needed. Business services in this study, which include those supporting the manufacturing industry, are drawing attention as the economic growth engine for the next generation. The Korean government has selected business services as a strategic area for the development of manufacturing sectors. Since the demands for opening business services markets are becoming fiercer, the competitiveness of the business service industry must be promoted now more than ever. The purpose of this study is to investigate the effect of the mutual trust between buyers and suppliers on relational performance. Specifically, this study proposed a theoretical model of trust-relational performance in the transactions of business services and empirically tested the hypotheses delineated from the framework. The study suggests strategic implications based on research findings. Empirical data were collected via multiple methods, including via telephone, mail, and in-person interviews. Sample companies were knowledge-based companies supplying and purchasing business services in Korea. The present study collected data on a dyadic basis. Each pair of sample companies includes a buying company and its corresponding supplying company. Mutual trust was traced for each pair of companies. This study proposes a model of trust-relational performance of buying-supplying for business services. The model consists of trust and its antecedents and consequences. The trust of buyers is classified into trust toward the supplying company and trust toward salespersons. Viewing trust both at the individual level and the organizational level is based on the research of Doney and Cannon (1997). Normally, buyers are the subject of trust, but this study supposes that suppliers are the subjects. Hence, it uniquely focused on the bilateral perspective of perceived risk. In other words, suppliers, like buyers, are the subject of trust since transactions are normally bilateral. From this point of view, suppliers' trust in buyers is as important as buyers' trust in suppliers. The suppliers' trust is influenced by the extent to which it trusts the buying companies and the buyers. This classification of trust using an individual level and an organization level is based on the suggestion of Doney and Cannon (1997). Trust affects the process of supplier selection, which works in a bilateral manner. Suppliers are actively involved in the supplier selection process, working very closely with buyers. In addition, the process is affected by the extent to which each party trusts its partners. The selection process consists of certain steps: recognition, information search, supplier selection, and performance evaluation. As a result of the process, both buyers and suppliers evaluate the performance and take corrective actions on the basis of such outcomes as tangible, intangible, and/or side effects. The measurement of trust used for the present study was developed on the basis of the studies of Mayer, Davis and Schoorman (1995) and Mayer and Davis (1999). Based on their recommendations, the three dimensions of trust used for the study include ability, benevolence, and integrity. The original questions were adjusted to the context of the transactions of business services. For example, a question such as "He/she has professional capabilities" has been changed to "The salesperson showed professional capabilities while we talked about our products." The measurement used for this study differs from those used in previous studies (Rotter 1967; Sullivan and Peterson 1982; Dwyer and Oh 1987). The measurements of the antecedents and consequences of trust used for this study were developed on the basis of Doney and Cannon (1997). The original questions were adjusted to the context of transactions in business services. In particular, questions were developed for both buyers and suppliers to address the following factors: reputation (integrity, customer care, good-will), market standing (company size, market share, positioning in the industry), willingness to customize (product, process, delivery), information sharing (proprietary information, private information), willingness to maintain relationships, perceived professionalism, authority empowerment, buyer-seller similarity, and contact frequency. As a consequential variable of trust, relational performance was measured. Relational performance is classified into tangible effects, intangible effects, and side effects. Tangible effects include financial performance; intangible effects include improvements in relations, network developing, and internal employee satisfaction; side effects include those not included either in the tangible or intangible effects. Three hundred fifty pairs of companies were contacted, and one hundred five pairs of companies responded. After deleting five company pairs because of incomplete responses, one hundred five pairs of companies were used for data analysis. The response ratio of the companies used for data analysis is 30% (105/350), which is above the average response ratio in industrial marketing research. As for the characteristics of the respondent companies, the majority of the companies operate service businesses for both buyers (85.4%) and suppliers (81.8%). The majority of buyers (76%) deal with consumer goods, while the majority of suppliers (70%) deal with industrial goods. This may imply that buyers process the incoming material, parts, and components to produce the finished consumer goods. As indicated by their report of the length of acquaintance with their partners, suppliers appear to have longer business relationships than do buyers. Hypothesis 1 tested the effects of buyer-supplier characteristics on trust. The salesperson's professionalism (t=2.070, p<0.05) and authority empowerment (t=2.328, p<0.05) positively affected buyers' trust toward suppliers. On the other hand, authority empowerment (t=2.192, p<0.05) positively affected supplier trust toward buyers. For both buyers and suppliers, the degree of authority empowerment plays a crucial role in the maintenance of their trust in each other. Hypothesis 2 tested the effects of buyerseller relational characteristics on trust. Buyers tend to trust suppliers, as suppliers make every effort to contact buyers (t=2.212, p<0.05). This tendency has also been shown to be much stronger for suppliers (t=2.591, p<0.01). On the other hand suppliers trust buyers because suppliers perceive buyers as being similar to themselves (t=2.702, p<0.01). This finding confirmed the results of Crosby, Evans, and Cowles (1990), which reported that suppliers and buyers build relationships through regular meetings, either for business or personal matters. Hypothesis 3 tested the effects of trust on perceived risk. It has been found that for both suppliers and buyers the lower is the trust, the higher is the perceived risk (t=-6.621, p<0.01 for buyers; t=-2.437, p<0.05). Interestingly, this tendency has been shown to be much stronger for buyers than for suppliers. One possible explanation for this higher level of perceived risk is that buyers normally perceive higher risks than do suppliers in transactions involving business services. For this reason, it is necessary for suppliers to implement risk reduction strategies for buyers. Hypothesis 4 tested the effects of trust on information searching. It has been found that for both suppliers and buyers, contrary to expectation, trust depends on their partner's reputation (t=2.929, p<0.01 for buyers; t=2.711, p<0.05 for suppliers). This finding shows that suppliers with good reputations tend to be trusted. Prior experience did not show any significant relationship with trust for either buyers or suppliers. Hypothesis 5 tested the effects of trust on supplier/buyer selection. Unlike buyers, suppliers tend to trust buyers when they think that previous transactions with buyers were important (t=2.913 p<0.01). However, this study did not show any significant relationship between source loyalty and the trust of buyers in suppliers. Hypothesis 6 tested the effects of trust on relational performances. For buyers and suppliers, financial performance reportedly improved when they trusted their partners (t=2.301, p<0.05 for buyers; t=3.692, p<0.01 for suppliers). It is interesting that this tendency was much stronger for suppliers than it was for buyers. Similarly, competitiveness was reported to improve when buyers and suppliers trusted their partners (t=3.563, p<0.01 for buyers; t=3.042, p<0.01 for suppliers). For suppliers, efficiency and productivity were reportedly improved when they trusted buyers (t=2.673, p<0.01). Other performance indices showed insignificant relationships with trust. The findings of this study have some strategic implications. First and most importantly, trust-based transactions are beneficial for both suppliers and buyers. As verified in the study, financial performance can be improved through efforts to build and maintain mutual trust. Similarly, competitiveness can be increased through the same kinds of effort. Second, trust-based transactions can facilitate the reduction of perceived risks inherent in the purchasing situation. This finding has implications for both suppliers and buyers. It is generally believed that buyers perceive higher risks in a highly involved purchasing situation. To reduce risks, previous studies have recommended that suppliers devise risk-reducing tactics. Moving beyond these recommendations, the present study uniquely focused on the bilateral perspective of perceived risk. In other words, suppliers are also susceptible to perceived risks, especially when they supply services that require very technical and sophisticated manipulations and maintenance. Consequently, buyers and suppliers must solve problems together in close collaboration. Hence, mutual trust plays a crucial role in the problem-solving process. Third, as found in this study, the more authority a salesperson has, the more he or she can be trusted. This finding is very important with regard to tactics. Building trust is a long-term assignment; however, when mutual trust has not been developed, suppliers can overcome the problems they encounter by empowering a salesperson with the authority to make certain decisions. This finding applies to suppliers as well.

  • PDF

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
    • /
    • v.18
    • /
    • pp.9-39
    • /
    • 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.

  • PDF