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Can Lufthansa Successfully Limit its Liability to the Families of the Victims of Germanwings flight 9525 Under the Montreal Convention?

  • Gipson, Ronnie R. Jr.
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.279-310
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    • 2015
  • The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

A Study on the Degree of Physical, Psychological and Social Adaptation of CVA Patients (뇌졸중(腦卒中) 환자(患者)의 신체적(身體的).심리적(心理的).사회적(社會的) 적응도(適應度)에 관(關)한 연구(硏究))

  • Hwang Hyun-Sook;Park Kyung-Sook
    • Journal of Korean Academy of Fundamentals of Nursing
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    • v.3 no.2
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    • pp.213-233
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    • 1996
  • This study was made on 274 apoplectics patients who received the rehabilitation therapy and tests on physical, psychological and social adaptations as outpatients in 23 general hospitals in the Seoul and Kyungi area. The basic data on degree of improvement of apoplectic patients studied from rehabilitation therapy. Data was collected over a period of 63 days, from February 21st till April, 23, 1996. The assigned physical therapist conducted direct interviews with patients after he answered the distributed questionnaires for each individual patient. The colleted data was processed by the $SPCC/C^+$ method. The results of the tests conducted to meascne the the degree of ADL dependency, depression and social activity corresponding to the physical, psychological, and social adaptation. The details are ; 1) The test to meascne the degree of ADL dependency, corresponding to the study of physical adaptation of CVA patients, indicated a mean score of 2.57(ideal score is 1.0) with a standard deviation of ${\pm}0.75$. The worst score was 3.95 while the best score was a perfect 1.0, representing a severe range of dependency. The distribution was centered with a median of 2.65 and a mode of 2.68. 2) The test to meascne the degree of depression which corresponds to the level of psychological adaptation yielded a mean of 2.99 which is higher than the normal limit of 2.45. The standard deviation was ${\pm}0.52$ and the worst score and the best score were 4.35 and Respectirdy. The distribution was centered with a median of 3.00 and a mode of 3.00. 3) The test to meascne the degree of social activities for the level of social adaptation indicated a very low mean score of 26.52 (perfect score is 144), with the standard deviation of ${\pm}16.23$. Some patients scored as high as 100, but others scored as low as 3. The distribution of social activities at a very low level was shifted to the left with a median of 24.00 and a mode of 20.00. 4) Factors influencing the level of physical, psychological and social adaptation are as follows : Factors significantly influencing the level of physical adaptation measured by ADL dependency are age, personal guardian, payer of medical expenses, and paralysis of the right arm, right leg and facial paralysis. Factors significantly influencing the level of psychological adaptation measured by the degree of depression, are age, marital status, education, medical history of individual and family, speech impediment, and facial paralysis. Factors significantly influencing the level of social adaptation measured by the degree of social activity are age, marital status, education, employment status, and the burden of medical expense. 5) The Corelationship is significant(9.00), between ADL dependeing as degree of physical adaptation and depreseion as degree of psychologial adaptation. ADL dependency is proportional to depression. But social activity is inversely protional to ADL dependeny and depression. In conclusion, the increased care for physical function of the patients is not the only necessary means to better facilitate the appropriate adaptation of CVA patients. The introduction of a solid rehabilitation program for psychological and social adaptation will also play the integral part of the treatment of CVA patients.

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Attention to the Internet: The Impact of Active Information Search on Investment Decisions (인터넷 주의효과: 능동적 정보 검색이 투자 결정에 미치는 영향에 관한 연구)

  • Chang, Young Bong;Kwon, YoungOk;Cho, Wooje
    • Journal of Intelligence and Information Systems
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    • v.21 no.3
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    • pp.117-129
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    • 2015
  • As the Internet becomes ubiquitous, a large volume of information is posted on the Internet with exponential growth every day. Accordingly, it is not unusual that investors in stock markets gather and compile firm-specific or market-wide information through online searches. Importantly, it becomes easier for investors to acquire value-relevant information for their investment decision with the help of powerful search tools on the Internet. Our study examines whether or not the Internet helps investors assess a firm's value better by using firm-level data over long periods spanning from January 2004 to December 2013. To this end, we construct weekly-based search volume for information technology (IT) services firms on the Internet. We limit our focus to IT firms since they are often equipped with intangible assets and relatively less recognized to the public which makes them hard-to measure. To obtain the information on those firms, investors are more likely to consult the Internet and use the information to appreciate the firms more accurately and eventually improve their investment decisions. Prior studies have shown that changes in search volumes can reflect the various aspects of the complex human behaviors and forecast near-term values of economic indicators, including automobile sales, unemployment claims, and etc. Moreover, search volume of firm names or stock ticker symbols has been used as a direct proxy of individual investors' attention in financial markets since, different from indirect measures such as turnover and extreme returns, they can reveal and quantify the interest of investors in an objective way. Following this line of research, this study aims to gauge whether the information retrieved from the Internet is value relevant in assessing a firm. We also use search volume for analysis but, distinguished from prior studies, explore its impact on return comovements with market returns. Given that a firm's returns tend to comove with market returns excessively when investors are less informed about the firm, we empirically test the value of information by examining the association between Internet searches and the extent to which a firm's returns comove. Our results show that Internet searches are negatively associated with return comovements as expected. When sample is split by the size of firms, the impact of Internet searches on return comovements is shown to be greater for large firms than small ones. Interestingly, we find a greater impact of Internet searches on return comovements for years from 2009 to 2013 than earlier years possibly due to more aggressive and informative exploit of Internet searches in obtaining financial information. We also complement our analyses by examining the association between return volatility and Internet search volumes. If Internet searches capture investors' attention associated with a change in firm-specific fundamentals such as new product releases, stock splits and so on, a firm's return volatility is likely to increase while search results can provide value-relevant information to investors. Our results suggest that in general, an increase in the volume of Internet searches is not positively associated with return volatility. However, we find a positive association between Internet searches and return volatility when the sample is limited to larger firms. A stronger result from larger firms implies that investors still pay less attention to the information obtained from Internet searches for small firms while the information is value relevant in assessing stock values. However, we do find any systematic differences in the magnitude of Internet searches impact on return volatility by time periods. Taken together, our results shed new light on the value of information searched from the Internet in assessing stock values. Given the informational role of the Internet in stock markets, we believe the results would guide investors to exploit Internet search tools to be better informed, as a result improving their investment decisions.

Antitrust Regulation on the Restriction of Business Activities by Healthcare Providers' Organization (의료공급자 단체에 대한 공정거래법상 사업활동제한 적용 -달빛어린이 병원 사건을 중심으로-)

  • Jeong, Jae Hun
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.75-98
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    • 2018
  • Recently, the antitrust tribunal of Seoul High Court revoked the disposition of Korea Fair Trade Commission(hereafter 'KFTC'). While KFTC determined that the restriction of Korea Pediatrician Association violated article 26 of the Monopoly Regulation and Fair Trade Act(Korean antitrust law), Seoul High court viewed that KFTC failed to prove the compulsory measures and the restraint of competition required in article 26. The 'restriction' of article 26 should be interpreted as 'excessive restriction'. Since entrepeneurs' organization is allowed to limit its member's activities, KFTC could regulate entrepeneurs' organization on a very exceptional basis. In addition, though entrepeneurs' organization did not use compulsory measures to enforce its resolution, its 'excessive restriction' could fit into the notion of 'restriction' of article 26. Under the current medical care system, the price of medical care is decided by Korean government. Therefore the restriction of Korea Pediatrician Association is not likely to have effect on the price. However, the resolution of Korea Pediatrician Association was aimed to decrease the supply of medical care. Therefore the resolution is capable of having effect on the competition. In this sense, though KFTC failed to submit direct evidence to support the decrease of quantity, there could be possibility of restraint of competition. The Seoul High Court's decision has important implications. The leading case on restraint of competition(Supreme Court 2002Du8628, Posco case) was delivered in 2007. However the remaining issue such as the standard and scope of restraint of competition is not clear. Through reappeal case of this decision, Supreme Court has to decide the line between competition and its restraint.

Fragment Analysis for Detection of the FLT3-Internal Tandem Duplication: Comparison with Conventional PCR and Sanger Sequencing (FLT3-ITD 검출을 위한 절편분석법: 일반 중합효소연쇄반응 및 직접염기서열분석법과의 비교)

  • Lee, GunDong;Kim, Jeongeun;Lee, SangYoon;Jang, Woori;Park, Joonhong;Chae, Hyojin;Kim, Myungshin;Kim, Yonggoo
    • Laboratory Medicine Online
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    • v.7 no.1
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    • pp.13-19
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    • 2017
  • Background: We evaluated a sensitive and quantitative method utilizing fragment analysis of the fms-like tyrosine kinase 3-internal tandem duplication (FLT3-ITD), simultaneously measuring mutant allele burden and length, and verified the analytical performance. Methods: The number and allelic burden of FLT3-ITD mutations was determined by fragment analysis. Serial mixtures of mutant and wild-type plasmid DNA were used to calculate the limit of detection of fragment analysis, conventional PCR, and Sanger sequencing. Specificity was evaluated using DNA samples derived from 50 normal donors. Results of fragment analysis were compared to those of conventional PCR, using 481 AML specimens. Results: Defined mixtures were consistently and accurately identified by fragment analysis at a 5% relative concentration of mutant to wild-type, and at 10% and 20% ratios by conventional PCR and direct sequencing, respectively. No false positivity was identified. Among 481 AML specimens, 40.1% (193/481) had FLT3-ITD mutations. The mutant allele burden (1.7-94.1%; median, 28.2%) and repeated length of the mutation (14-153 bp; median, 49 bp) were variable. The concordance rate between fragment analysis and conventional PCR was 97.7% (470/481). Fragment analysis was more sensitive than conventional PCR and detected 11 additional cases: seven had mutations below 10%, three cases represented conventional PCR failure, and one case showed false negativity because of short ITD length (14 bp). Conclusions: The new fragment analysis method proved to be sensitive and reliable for the detection and monitoring of FLT3-ITD in patients with AML. This could be used to simultaneously assess ITD mutant allele burden and length.

A study on the variant placement method of the traditional wooden architecture, rafter (전통 목조건축 서까래의 이형적(異形的) 배치 방식 연구)

  • Hong, Eun-ki;Chang, Hun-duck
    • Korean Journal of Heritage: History & Science
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    • v.48 no.4
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    • pp.110-125
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    • 2015
  • This study is objected to investigate the repairing method and the modification period of rafters via the transformation traces left in the superciliums, where repair process takes places frequently. This is the basic research of analyzing the architectural features of Deokkeori, one of the additional-rafter methods. Deokkeori method can be described as using Deokdori in the top section of Hayeon, and placement of Sangyeon above it. This method was started to be used since middle of the Joseon dynasty period(middle 18th Century) and mainly used at 19th Century to resist the transformation caused by repairing. It had been gradually developed from non-application stage to application stage including additional usage of complement. The architectural features of Deokkeori can be categorized into four. First, the usage of Deokdori to connect Sangyeon to the top section of Hayeon. It reduct the direct connection between Sangyoen and Hayeon, therefore give constructive benefits and prevent the downfall of the eaves by increasing the power which pressing the top section of Hayeon. Second, it gives the autonomy to the inside structure of ceiling by comprising it. By using Deokdori, the limit of top section's longitude was eliminated while also simplify the upper section by blocking the inside structures with ceiling. In addition, the complements occasionally seen in several buildings increase the power which pressing Hayeon. Third, the ceiling's slope has been changed to be concerned with Sangyeon, instead of Hayeon which was highly related with it before. The last factor is the thickness of rafters which used in Deokkeori. The diameter is thiner in Sangyeon than Hayeon.

Improvement of Teachers' Scientific Knowledge researched by Difficulty and Development of teachers experienced in process of Conducting Scientific Inquiry (과학적 탐구 수행에서 초등교사가 겪은 어려움과 성장으로 탐색한 교사의 과학적 지식 향상 방안)

  • Lee, Dongseung;Park, Jongseok
    • Journal of the Korean Chemical Society
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    • v.66 no.1
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    • pp.42-49
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    • 2022
  • Many elementary school teachers' lack of scientific knowledge reveal as several problems in teaching science. Thus, elementary school teachers need to improve their scientific knowledge, but there is the limit to improve the teachers' scientific knowledge through activities based on lecture that conducted in process of training and retraining them. Therefore, Improvement for training science teacher to improve scientific knowledge of elementary school teachers would be searched in this study. Depth interview was conducted toward three elementary school teachers, who had conducted action research, to improve content knowledge of material domain within teaching process and elementary school science. Based on result of the interview, difficulty and development that the three teachers were commonly experienced in process of conducting scientific inquiry in action research were analyzed. One of the difficulties of the inquiry were to figure out how the three teachers, who participated in the interview, understand specific concept, what they do not understand, and what they should study more to understand the concept. And there was a circumstance that the teachers did not know how to apply procedural knowledge, which learned explicitly in the process of setting plan for conducting research, into real context. Since there was difference between knowledge that they understand disjunctively and context that observed in real circumstance, they faced difficulty. However, the teachers conducted analysis of topic, planning research, conducting research, discussion of the result by themselves with those difficulties Thus, the teachers mentioned that not only content knowledge had been improved, but understanding of procedural knowledge, which is not intended to improve, had been also improved. Besides, they also mentioned that comprehensive understanding content knowledge, which they already understood, was also helpful. And the teachers suggest that if there were chance to discuss and examine the scientific practices by consisting of group with colleagues rather than conducting it individually it would more efficient studying. Considering their suggestion, direction of training elementary school teachers for improving their scientific knowledge should be improved in a way to understand science concepts based on direct research about context that is generated in circumstance of studying group of the teachers. Consequently, it would contribute to improvement of teaching science by combining teachers' practice and understanding.

Study on Causes and Countermeasures for the Mass Death of Fish in Reservoirs in Andong-si (안동시 저수지에서의 대량 어류 폐사에 대한 원인과 대책에 관한 연구)

  • Su Ho Bae;Sun Jin Hwang;Youn Jung Kim;Cheol Ho Jeong;Seong Yun Kim;Keon Sang Ryoo
    • Korean Journal of Environmental Agriculture
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    • v.42 no.1
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    • pp.52-62
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    • 2023
  • This study focused on determining the specific causes and prevention methods of mass fish deaths occurred in five reservoirs (Gagugi, Neupgokgi, Danggokgi, Sagokji, and Hangokji) in Andong-si. For this purpose, a survey of agricultural land and livestock in the upper part of the reservoirs and analysis of water quality in the reservoir irrespective of whether it rains or not were conducted. We attempted to examine the changes in dissolved oxygen (DO) in the surface and bottom layers of reservoirs and changes in DO depending on the amount of livestock compost and time. Based on the above investigations, treatment plans were established to efficiently control the inflow of contaminated water into reservoirs. The rainfall and farmland areas in the upper part of the reservoir were investigated using Google and aviation data provided by the Ministry of Land, Infrastructure, and Transport. The current status of livestock farms distributed around the reservoirs was also examined because compost from these farms can flow into the reservoir when it rains. Various water quality parameters, such as phosphate phosphorus (PO4-P) and ammonium nitrogen (NH3-N), were analyzed and compared for each reservoir during the rainy season. Changes in the DO concentration and electrical conductivity (EC) were also observed at the inlet of the reservoir during raining using an automated instrument. In addition, DO was measured until the concentration reached 0 ppm in 10 min by adding livestock compost at various concentrations (0.05%, 0.1%, 0.3%, and 0.5% by wt.), where the concentration of the livestock compost represents the relative weight of rainwater. The DO concentration in the surface layer of reservoirs was 3.7 to 5.3 ppm, which is sufficient for fish survival. However, the fish could not survive at the bottom layer with DO concentration of 0.0-2.1 ppm. When the livestock compost was 0.3%, DO required 10-19 h to reach 0 ppm. Considering these results, it was confirmed that the DO in the bottom layer of the reservoir could easily change to an anaerobic state within 24 h when the livestock compost in the rainwater exceeds 0.3%. The results show that the direct cause of fish mortality is the inflow of excessive livestock compost into reservoirs during the first rainfall in spring. All the surveyed reservoirs had relatively good topographical features for the inflow of compost generated from livestock farms. This keeps the bottom layer of the reservoir free of oxygen. Therefore, to prevent fish death due to insufficient DO in the reservoir, measures should be undertaken to limit the amount of livestock compost flowing into the reservoir within 0.3%, which has been experimentally determined. As a basic countermeasure, minerals such as limestone, dolomite, and magnesia containing calcium and magnesium should be added to the compost of livestock farms around the reservoir. These minerals have excellent pollutant removal capabilities when sprayed onto the compost. In addition, measures should be taken to prevent fish death according to the characteristics of each reservoir.

Actual Experience of the Oracle of the I Ching-Death, God and Love: In Front of My Father's Spirit (주역 점(占)의 실제 체험-죽음, 신 그리고 사랑: 아버지의 영전(靈前)에서)

  • Ju Hyun Lee;Bou-Yong Rhi
    • Sim-seong Yeon-gu
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    • v.37 no.2
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    • pp.149-183
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    • 2022
  • The oracle of the I Ching, divination can be understood as 'synchronicity phenomenon' in analytic psychology. In order to experience divination actually, it requires a religious attitude that asks questions with a serious mind when a person is in trouble that consciousness reaches its limit. It is not just a passive attitude, but a modest, active attitude to ask what I can do now. The experience of the oracle of the I Ching connected to supra-consciousness is similar to 'active imagination'-talking with the archetype of collective unconsciousness-and is 'the process of finding the rhythm of Self-archetype, the absolute wisdom of unconsciousness.' One month before my father's death, I took care of him who couldn't communicate verbally and I divination with a question 'What can I do for my father and me now?' The I Ching's answer was hexagram 19 Lin 臨, nine at the beginning. It's message was '咸臨貞吉 joint approach. perseverance brings good fortune.' 志行正也 we must adhere perseveringly to what is right.' Through this phrase, I learned the attitude of waiting for life after death as if 'joyful obedient' to the providence of nature that spring comes after winter. And I found that keeping the touching emotion of meeting infinity (in analytical psychological terms, 'Self') with perseveration is to do the true meaning of life beyond popular money-mindedness. And six months before my father's death, I had a dream about the afterlife. In the process of interpreting that dream, I learned not only from the shock of the direct message that 'it is a truth that there is something after death,' but also the regeneration of the mind through introversion from the similarity between the closed ward and '黃泉'-chinese underworld through amplification. And I learned the importance of an open attitude to accept new things through the 'window to eternity' symbolized by the white iron gate. In my father's catholic funeral ritual, I had hope that the catholic doctrine 'Communio Sanctorum'-A spiral cycle in which the living and the dead help each other may be real as well as a symbol of the individuation process in which consciousness and unconsciousness interact in our minds. Through the consolation received through the funeral visit of many people I met in my life, I found the answer that the path to contact with infinity begins with loving the beings in front of me. I tried to understand this continuous experience by the perspective of analytical psychology.