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The Current Status of the Warsaw Convention and Subsequent Protocols in Leading Asian Countries (아시아 주요국가(主要國家)들에 있어서의 바르샤바 체제(體制)의 적용실태(適用實態)와 전망(展望))

  • Lee, Tae-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.147-162
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    • 1989
  • The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

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Development of an anisotropic spatial interpolation method for velocity in meandering river channel (비등방성을 고려한 사행하천의 유속 공간보간기법 개발)

  • You, Hojun;Kim, Dongsu
    • Journal of Korea Water Resources Association
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    • v.50 no.7
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    • pp.455-465
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    • 2017
  • Understanding of the two-dimensional velocity field is crucial in terms of analyzing various hydrodynamic and fluvial processes in the riverine environments. Until recently, many numerical models have played major roles of providing such velocity field instead of in-situ flow measurements, because there were limitations in instruments and methodologies suitable for efficiently measuring in the broad range of river reaches. In the last decades, however, the advent of modernized instrumentations started to revolutionize the flow measurements. Among others, acoustic Doppler current profilers (ADCPs) became very promising especially for accurately assessing streamflow discharge, and they are also able to provide the detailed velocity field very efficiently. Thus it became possible to capture the velocity field only with field observations. Since most of ADCPs measurements have been mostly conducted in the cross-sectional lines despite their capabilities, it is still required to apply appropriate interpolation methods to obtain dense velocity field as likely as results from numerical simulations. However, anisotropic nature of the meandering river channel could have brought in the difficulties for applying simple spatial interpolation methods for handling dynamic flow velocity vector, since the flow direction continuously changes over the curvature of the channel shape. Without considering anisotropic characteristics in terms of the meandering, therefore, conventional interpolation methods such as IDW and Kriging possibly lead to erroneous results, when they dealt with velocity vectors in the meandering channel. Based on the consecutive ADCP cross-sectional measurements in the meandering river channel. For this purpose, the geographic coordinate with the measured ADCP velocity was converted from the conventional Cartesian coordinate (x, y) to a curvilinear coordinate (s, n). The results from application of A-VIM showed significant improvement in accuracy as much as 41.5% in RMSE.

Analysis of Adolescent Awareness of Radiation: Marking the First Anniversary of the Fukushima Nuclear Accident (청소년의 방사선 인식도 분석: 일본 후쿠시마 원전사고 1주년 계기)

  • Park, Bang-Ju
    • Journal of Radiation Protection and Research
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    • v.37 no.2
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    • pp.75-83
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    • 2012
  • Marking the first anniversary of the Fukushima nuclear accident, which took place on March 11th, 2011, the level of adolescent awareness and understanding of radiation was surveyed, and the results were then compared with those for adults with the same questionnaires conducted at similar times. A qualitative survey and frequency analysis were made for the design of the study methodology. Those surveyed were limited to 3rd grade middle school students, 15 years of age, who are the future generation. The questionnaire, which is a survey tool, was directly distributed to the students and 2,217 answers were analysed. The questionnaires were composed of 40 questions, and it was found that Cronbach's coefficient was high with 'self awareness of radiation' at 0.494, 'risk of radiation' at 0.843, 'benefit of radiation' at 0.748, 'radiological safety control' at 0.692, 'information sources of radiation' at 0.819, and 'impacts of Fukushima accident'. The results of the survey analysis showed that the students' knowledge of radiation was not very high with 67.4 points (69.5 points for adults) calculated on a maximum scale of 100 points (converted points). The impacts of the Fukushima nuclear accident were found to be less significant to adolescents than adults, and the rate of answer of "so" or " very so" in the following questions demonstrates this well. It was also shown that the impacts of the Fukushima accident to adolescents were comparatively low with 27.0% (38.9% for adults) on the question of "attitude changed against nuclear power due to the Fukushima accident," 65.7%(86.6% for adults) on the question of "the damages from the Fukushima accident was immeasurably huge," and 65.0% (86.3% for adults) on "the Fukushima accident contributed to raising awareness on the safety of nuclear power plants". The adolescents had a high rate of "average" answers on most of the questions compared with adults, and it can be construed that this resulted from adolescent awareness of radiation not being firmly rooted on themselves. This study was the first of its kind for surveying adolescents regarding the level of awareness of radiation after the Fukushima accident, and the results were compared with the survey results of adults, and they are expected to greatly contribute toward establishing a radiation policy by the government in the future.

Validation of Satellite Scatterometer Sea-Surface Wind Vectors (MetOp-A/B ASCAT) in the Korean Coastal Region (한반도 연안해역에서 인공위성 산란계(MetOp-A/B ASCAT) 해상풍 검증)

  • Kwak, Byeong-Dae;Park, Kyung-Ae;Woo, Hye-Jin;Kim, Hee-Young;Hong, Sung-Eun;Sohn, Eun-Ha
    • Journal of the Korean earth science society
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    • v.42 no.5
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    • pp.536-555
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    • 2021
  • Sea-surface wind is an important variable in ocean-atmosphere interactions, leading to the changes in ocean surface currents and circulation, mixed layers, and heat flux. With the development of satellite technology, sea-surface winds data retrieved from scatterometer observation data have been used for various purposes. In a complex marine environment such as the Korean Peninsula coast, scatterometer-observed sea-surface wind is an important factor for analyzing ocean and atmospheric phenomena. Therefore, the validation results of wind accuracy can be used for diverse applications. In this study, the sea-surface winds derived from ASCAT (Advanced SCATterometer) mounted on MetOp-A/B (METeorological Operational Satellite-A/B) were validated compared to in-situ wind measurements at 16 marine buoy stations around the Korean Peninsula from January to December 2020. The buoy winds measured at a height of 4-5 m from the sea surface were converted to 10-m neutral winds using the LKB (Liu-Katsaros-Businger) model. The matchup procedure produced 5,544 and 10,051 collocation points for MetOp-A and MetOp-B, respectively. The root mean square errors (RMSE) were 1.36 and 1.28 m s-1, and bias errors amounted to 0.44 and 0.65 m s-1 for MetOp-A and MetOp-B, respectively. The wind directions of both scatterometers exhibited negative biases of -8.03° and -6.97° and RMSE values of 32.46° and 36.06° for MetOp-A and MetOp-B, respectively. These errors were likely associated with the stratification and dynamics of the marine-atmospheric boundary layer. In the seas around the Korean Peninsula, the sea-surface winds of the ASCAT tended to be more overestimated than the in-situ wind speeds, particularly at weak wind speeds. In addition, the closer the distance from the coast, the more the amplification of error. The present results could contribute to the development of a prediction model as improved input data and the understanding of air-sea interaction and impact of typhoons in the coastal regions around the Korean Peninsula.

A Study on the Place-Cognition Characteristics of Historic Cultural Streets in Deoksugung Doldam-gil (덕수궁 돌담길의 역사문화가로 장소 인식 특성에 관한 연구)

  • Yang, Yoo-sun;Son, Yong-hoon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.47 no.3
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    • pp.60-70
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    • 2019
  • Today, Deoksugung Doldam-gil, which is a well-known area in Seoul, has become a mixed place as many places reaching a critical age have been converted into parks. However, the previous research on the Deoksugung Doldam-gil was deficient in that the user, an essential variable, was not considered when assessing the place. Based on that, this study aims to analyze and interpret the perception of the places in Deoksugung Doldam-gil and to analyze factors to further enrich the place to visitors. According to the research, the representative idea of Deoksugung Doldam-gil is "the distance you want to go" and that has influencing factors, such as vehicle restrictions and the improvement of the walking environment. The analysis of classifying the variables that make up the perception of the place, physical environments, activities and meanings showed high awareness in, "streets of green (3.95)" and "stone walls of curves (3.88)." In the category of activities, "walking activities in the inner city (4.01)" and "love and romance (3.57)" were high. These results seem to reflect the spatial characteristics of the streets and the familiar image of the place were important. Five factors were extracted from the factor analysis to provide a more detailed understanding of the place perception, the correlation between each factor, and the place atmosphere of Deoksugung Doldam-gil. These factors confirmed a high correlation between 'green landscape' and 'historicity.' This can be attributed to the fact that the analysis reflects vital space, visual experience, and free walking conditions to be important, and these variables are present in urban parks. It also indicates the long-accumulated image and behavior near the site of Deoksugung Palace, including the historical and cultural heritage. It was confirmed that the factors related to the cognitive perception of Deoksugung Doldam-gil and the formation of the atmosphere of the place were strongly recognized. It found that there was a need to reflect the value and importance of 'green' in the future as culture or in the use of preservation and management related to heritage. This study presented a direction to be noted from the perspective of a user's place awareness, but considered only a fraction of the variables that affect the multidimensional sense of place and location recognition, and thus must be supplemented in the future.

Analysis of shopping website visit types and shopping pattern (쇼핑 웹사이트 탐색 유형과 방문 패턴 분석)

  • Choi, Kyungbin;Nam, Kihwan
    • Journal of Intelligence and Information Systems
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    • v.25 no.1
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    • pp.85-107
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    • 2019
  • Online consumers browse products belonging to a particular product line or brand for purchase, or simply leave a wide range of navigation without making purchase. The research on the behavior and purchase of online consumers has been steadily progressed, and related services and applications based on behavior data of consumers have been developed in practice. In recent years, customization strategies and recommendation systems of consumers have been utilized due to the development of big data technology, and attempts are being made to optimize users' shopping experience. However, even in such an attempt, it is very unlikely that online consumers will actually be able to visit the website and switch to the purchase stage. This is because online consumers do not just visit the website to purchase products but use and browse the websites differently according to their shopping motives and purposes. Therefore, it is important to analyze various types of visits as well as visits to purchase, which is important for understanding the behaviors of online consumers. In this study, we explored the clustering analysis of session based on click stream data of e-commerce company in order to explain diversity and complexity of search behavior of online consumers and typified search behavior. For the analysis, we converted data points of more than 8 million pages units into visit units' sessions, resulting in a total of over 500,000 website visit sessions. For each visit session, 12 characteristics such as page view, duration, search diversity, and page type concentration were extracted for clustering analysis. Considering the size of the data set, we performed the analysis using the Mini-Batch K-means algorithm, which has advantages in terms of learning speed and efficiency while maintaining the clustering performance similar to that of the clustering algorithm K-means. The most optimized number of clusters was derived from four, and the differences in session unit characteristics and purchasing rates were identified for each cluster. The online consumer visits the website several times and learns about the product and decides the purchase. In order to analyze the purchasing process over several visits of the online consumer, we constructed the visiting sequence data of the consumer based on the navigation patterns in the web site derived clustering analysis. The visit sequence data includes a series of visiting sequences until one purchase is made, and the items constituting one sequence become cluster labels derived from the foregoing. We have separately established a sequence data for consumers who have made purchases and data on visits for consumers who have only explored products without making purchases during the same period of time. And then sequential pattern mining was applied to extract frequent patterns from each sequence data. The minimum support is set to 10%, and frequent patterns consist of a sequence of cluster labels. While there are common derived patterns in both sequence data, there are also frequent patterns derived only from one side of sequence data. We found that the consumers who made purchases through the comparative analysis of the extracted frequent patterns showed the visiting pattern to decide to purchase the product repeatedly while searching for the specific product. The implication of this study is that we analyze the search type of online consumers by using large - scale click stream data and analyze the patterns of them to explain the behavior of purchasing process with data-driven point. Most studies that typology of online consumers have focused on the characteristics of the type and what factors are key in distinguishing that type. In this study, we carried out an analysis to type the behavior of online consumers, and further analyzed what order the types could be organized into one another and become a series of search patterns. In addition, online retailers will be able to try to improve their purchasing conversion through marketing strategies and recommendations for various types of visit and will be able to evaluate the effect of the strategy through changes in consumers' visit patterns.