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Denied Boarding and Compensation for Passengers in the EU Air Transport Legal Framework and Cases (항공여객운송에서의 탑승거부와 여객보상기준)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.203-234
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    • 2019
  • The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

History and Archives : Colleagues or Strangers? (역사학과 기록학 학문의 인연, 학제의 괴리)

  • OH, Hang-Nyeong
    • The Korean Journal of Archival Studies
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    • no.54
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    • pp.179-210
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    • 2017
  • By redefining the concept of history, my colleagues and I have reformed our department in terms of curriculum and faculty members. This paper is a report of some of the conclusions that we have obtained from this procedure. Despite a long relationship, two disciplines do not seem to match or complement each other in the Korean education system. We believe that this is due to the fact that the Department of Korean History has focused on "national history (NH)." By conferring a privilege on NH, persons, families, societies, regions, and others were removed from NH. To make matters worse, a biased view that history is just an interpretation has prevailed, and the empiricism of history was weakened, which brought about an indifference in keeping records and archives. In East Asia, "history" means both modern history and archives. The concern about the authenticity of records did not come from H. Jenkinson or L. Duranti, and not even from the electronic environment or the Public Records Act of 1998. Key concepts such as records, documents-archives, manuscripts, authenticity, compilation-appraisal, arrangement, and description are different from their signifiant but are same or similar to their $signifi{\acute{e}}$. In case of "provenance" and "original order," they are used in education and practice in the traditional archives. History includes the recording, archiving, and the story or historiography of an event. In this context, the Department of Korean History should contain a more archives-oriented curriculum and select an archival-trained faculty. On the other hand, the department has accumulated long-term experience with appraisal and description of records; thus, archival science should absorb the criticism of the material. History will be shaken without the help of archives, while archives will lose their root without history. We are at the point in which we need to be reminded why we want to be a historian or an archivist, and for this, the more colleagues, the better.

Design of a Dual Band-pass Filter Using Fork-type Open Stubs and SIR Structure (포크 형태의 개방형 스터브 및 SIR 구조를 이용한 이중대역 대역통과 여파기의 설계)

  • Tae-Hyeon Lee
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.22 no.1
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    • pp.252-264
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    • 2023
  • This paper proposes a design of a dual-band band-pass filter that integrates a λg/2 open SIR structure, a transmission line, and a fork-type structure with symmetric and asymmetric open stubs. To obtain the dual-band effect, the proposed filter uses the SIR structure and adjusts the impedance ratio of the SIR structure. Therefore, the position of the harmonics of the filter is shifted through the adjustment of the impedance ratio, and this can obtain a double-band effect. In order to obtain the dual-band characteristics, the dual-band effect is obtained by inserting a open stub between the SIR structures with the SIR structure divided in half. In addition, the second frequency response is obtained by adjusting the length of the open symmetrical stub in the fork-shaped structure. The asymmetrical open stub in the fork form achieves optimum bandwidth by adjusting the length. Therefore, the first center frequency of the proposed band-pass filter is 5.896 GHz and the bandwidth is 13.6 %. At this time, the measurement results are 0.13 dB and 33.6 dB. The second center frequency is 5.906 GHz and the bandwidth is 13.6 %. At this time, the measurement results are 0.15 dB and 19.8 dB. The reason is that when the impedance ratio (Δ) is higher than 1, the position of the harmonic is shifted to a lower frequency band. However, if the impedance ratio (Δ) is lowered by one step, the position of harmonics will move to a higher frequency band. The function of the filter designed using these characteristics can be obtained from the measurement result. The proposed band-pass filter has no coupling loss and no via energy concentration loss because there is no coupling structure of input/output and no via hole. Therefore, system integration is possible due to its excellent performance, and it is expected that dedicated short-range communication (DSRC) system applications used in traffic communication systems will be possible.

Effectiveness Analysis of HOT Lane and Application Scheme for Korean Environment (HOT차로 운영에 대한 효과분석 및 국내활용방안)

  • Choi, Kee Choo;Kim, Jin Howan;Oh, Seung Hwoon
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.29 no.1D
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    • pp.25-32
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    • 2009
  • Currently, various types of TDM (Transportation Demand Management) policies are being studied and implemented in an attempt to overcome the limitations of supply oriented policies. In this context, this paper addressed issues of effectiveness and possible domestic implementation of the HOT lane. The possible site of implementation selected for this simulation study is part of the Kyung-bu freeway, where a dedicated bus lane is currently being operated. Minimum length of distance required in between interchanges and access points of the HOT lane for vehicles to safely enter and exit the lane, and traffic management policies for effectively managing the weaving traffic trying to enter and exit the HOT lane were presented. A 5.2km section of freeway from Ki-heuing IC to Suwon IC and a 8.3km section from Hak-uei JC to Pan-gyo JC have been selected as possible sites of implementation for the HOT lane, in which congestion occurs regularly due to the high level of travel demand. VISSIM simulation program has been used to analyze the effects of the HOT lane under the assumption that one-lane HOT lane has been put into operation in these sections and that the lane change rate were in between 5% to 30%. The results of each possible scenario have proven that overall travel speed on the general lanes have increased as well by 1.57~2.62km/h after the implementation of the HOT lane. It is meaningful that this study could serve as a basic reference data for possible follow-up studies on the HOT lane as one effective method of TDM policies. Considering that the bus travel rate would continue increase and assuming the improvement in travel speed on general lanes, similar case study can be implemented where gaps between buses on bus lane are available, as a possible alternative of efficient bus lane management policies.

Development of deep learning network based low-quality image enhancement techniques for improving foreign object detection performance (이물 객체 탐지 성능 개선을 위한 딥러닝 네트워크 기반 저품질 영상 개선 기법 개발)

  • Ki-Yeol Eom;Byeong-Seok Min
    • Journal of Internet Computing and Services
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    • v.25 no.1
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    • pp.99-107
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    • 2024
  • Along with economic growth and industrial development, there is an increasing demand for various electronic components and device production of semiconductor, SMT component, and electrical battery products. However, these products may contain foreign substances coming from manufacturing process such as iron, aluminum, plastic and so on, which could lead to serious problems or malfunctioning of the product, and fire on the electric vehicle. To solve these problems, it is necessary to determine whether there are foreign materials inside the product, and may tests have been done by means of non-destructive testing methodology such as ultrasound ot X-ray. Nevertheless, there are technical challenges and limitation in acquiring X-ray images and determining the presence of foreign materials. In particular Small-sized or low-density foreign materials may not be visible even when X-ray equipment is used, and noise can also make it difficult to detect foreign objects. Moreover, in order to meet the manufacturing speed requirement, the x-ray acquisition time should be reduced, which can result in the very low signal- to-noise ratio(SNR) lowering the foreign material detection accuracy. Therefore, in this paper, we propose a five-step approach to overcome the limitations of low resolution, which make it challenging to detect foreign substances. Firstly, global contrast of X-ray images are increased through histogram stretching methodology. Second, to strengthen the high frequency signal and local contrast, we applied local contrast enhancement technique. Third, to improve the edge clearness, Unsharp masking is applied to enhance edges, making objects more visible. Forth, the super-resolution method of the Residual Dense Block (RDB) is used for noise reduction and image enhancement. Last, the Yolov5 algorithm is employed to train and detect foreign objects after learning. Using the proposed method in this study, experimental results show an improvement of more than 10% in performance metrics such as precision compared to low-density images.

The Photography as Technological Aesthetics (데크놀로지 미학으로서의 사진)

  • Jin, Dong-Sun
    • Journal of Science of Art and Design
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    • v.11
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    • pp.221-249
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    • 2007
  • Today, photography is facing to the crisis of identity and dilemma of ontology from the digital imaging process in the new technology form. It is very important points to say rethinking of the traditional photographic medium, that has changed the way we view the world and ourselves is perhaps an understatement and that photography has transformed our essential understanding of reality. Now, no longer are photographic images regarded as the true automatic recording, innocent evidence and the mirror to the reality. Rather, photography constructs the world for our entertainment, helping to create the comforting illusions by which we live. The recognition that photographs are not constructions and reflections of reality, is the basis for the actual presence within the contemporary photographic world. It is shock. This thesis's aim is to look for the problems of photographic identity and ontological crisis that is controlling and regulating digital photographic imagery, allowing the reproduction of the electronic simulations era. Photography loses its special aesthetic status and becomes no more true information and, exclusively evidence by traditional film and paper that appeared both as a technological accuracy and as a medium-specific aesthetic. The result, photography is facing two crises, one is the photographic ontology(the introduction of computerized digital images) and the other is photographic epistemology(having to do broader changes in ethics, knowledge and culture). Taken together, these crises apparently threaten us with the death of photography, with the 'end' of photography and the culture it sustains. The thesis's meaning is to look into the dilemma of photography's ontology and epistemology, especially, automatical index and digital codes from its origin, meaning, and identity as the technological medium. Thus, in particular, thesis focuses on the analog imagery presence, from the nature in the material world, and the digital imagery presence from the cultural situations in our society. And also thesis's aim is to examine the main issues of the history of photography has been concentrated on the ontological arguments since the discovery of photography in 1839. Photography has never been only one static technology form. Rather, its nearly two centuries of technological development have been marked by numerous, competing of technological innovation and self revolution from the dual aspects. This thesis examines recent account of photography by the analysis of the medium's concept, meaning, identity between film base image and digital base image from the aspects of photographic ontology and epistemology. Thus, the structure of thesis is fairy straightforward to examine what appear to be two opposing view of photographic conditions and ontological situations. Thesis' view contrasts that figure out the value of photography according to its fundamental characteristic as a medium. Also, it seeks a possible solution to the dilemma of photographic ontology through the medium's origin from the early years of the nineteenth century to the raising questions about the different meaning(analog/digital) of photography, now. Finally, this thesis emphasizes and concludes that the photographic ontological crisis reflects to the paradoxical dynamic structure, that unsolved the origins of the medium, itself. Moreover, even photography is not single identity of the photographic ontology, and also can not be understood as having a static identity or singular status from the dynamic field of technologies, practices, and images.

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The Requirement and Effect of the Document of Carriage in Respect of the International Carriage of Cargo by Air (국제항공화물운송에 관한 운송증서의 요건 및 효력)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.67-92
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    • 2008
  • The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

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A Study on the Archives and Records Management in Korea - Overview and Future Direction - (한국의 기록관리 현황 및 발전방향에 관한 연구)

  • Han, Sang-Wan;Kim, Sung-Soo
    • Journal of Korean Society of Archives and Records Management
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    • v.2 no.2
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    • pp.1-38
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    • 2002
  • This study examines the status quo of Korean archives and records management from the Governmental as well as professional activities for the development of the field in relation to the new legislation on records management. Among many concerns, this study primarily explores the following four perspectives: 1) the Government Archives and Records Services; 2) the Korean Association of Archives; 3) the Korean Society of Archives and Records Management; 4) the Journal of Korean Society of Archives and Records Management. One of the primary tasks of the is to build the special depository within which the Presidential Library should be located. As a result, the position of the GARS can be elevated and directed by an official at the level of vice-minister right under a president as a governmental representative of managing the public records. In this manner, GARS can sustain its independency and take custody of public records across government agencies. made efforts in regard to the preservation of paper records, the preservation of digital resources in new media formats, facilities and equipments, education of archivists and continuing, training of practitioners, and policy-making of records preservation. For further development, academia and corporate should cooperate continuously to face with the current problems. has held three international conferences to date. The topics of conferences include respectively: 1) records management and archival education of Korea, Japan, and China; 2) knowledge management and metadata for the fulfillment of archives and information science; and 3) electronic records management and preservation with the understanding of ongoing archival research in the States, Europe, and Asia. The Society continues to play a leading role in both of theory and practice for the development of archival science in Korea. It should also suggest an educational model of archival curricula that fits into the Korean context. The Journals of Records Management & Archives Society of Korea have been published on the six major topics to date. Findings suggest that "Special Archives" on regional or topical collections are desirable because it can house subject holdings on specialty or particular figures in that region. In addition, archival education at the undergraduate level is more desirable for Korean situations where practitioners are strongly needed and professionals with master degrees go to manager positions. Departments of Library and Information Science in universities, therefore, are needed to open archival science major or track at the undergraduate level in order to meet current market demands. The qualification of professional archivists should be moderate as well.

Factors Affecting International Transfer Pricing of Multinational Enterprises in Korea (외국인투자기업의 국제이전가격 결정에 영향을 미치는 환경 및 기업요인)

  • Jun, Tae-Young;Byun, Yong-Hwan
    • Korean small business review
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    • v.31 no.2
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    • pp.85-102
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    • 2009
  • With the continued globalization of world markets, transfer pricing has become one of the dominant sources of controversy in international taxation. Transfer pricing is the process by which a multinational corporation calculates a price for goods and services that are transferred to affiliated entities. Consider a Korean electronic enterprise that buys supplies from its own subsidiary located in China. How much the Korean parent company pays its subsidiary will determine how much profit the Chinese unit reports in local taxes. If the parent company pays above normal market prices, it may appear to have a poor profit, even if the group as a whole shows a respectable profit margin. In this way, transfer prices impact the taxable income reported in each country in which the multinational enterprise operates. It's importance lies in that around 60% of international trade involves transactions between two related parts of multinationals, according to the OECD. Multinational enterprises (hereafter MEs) exert much effort into utilizing organizational advantages to make global investments. MEs wish to minimize their tax burden. So MEs spend a fortune on economists and accountants to justify transfer prices that suit their tax needs. On the contrary, local governments are not prepared to cope with MEs' powerful financial instruments. Tax authorities in each country wish to ensure that the tax base of any ME is divided fairly. Thus, both tax authorities and MEs have a vested interest in the way in which a transfer price is determined, and this is why MEs' international transfer prices are at the center of disputes concerned with taxation. Transfer pricing issues and practices are sometimes difficult to control for regulators because the tax administration does not have enough staffs with the knowledge and resources necessary to understand them. The authors examine transfer pricing practices to provide relevant resources useful in designing tax incentives and regulation schemes for policy makers. This study focuses on identifying the relevant business and environmental factors that could influence the international transfer pricing of MEs. In this perspective, we empirically investigate how the management perception of related variables influences their choice of international transfer pricing methods. We believe that this research is particularly useful in the design of tax policy. Because it can concentrate on a few selected factors in consideration of the limited budget of the tax administration with assistance of this research. Data is composed of questionnaire responses from foreign firms in Korea with investment balances exceeding one million dollars in the end of 2004. We mailed questionnaires to 861 managers in charge of the accounting departments of each company, resulting in 121 valid responses. Seventy six percent of the sample firms are classified as small and medium sized enterprises with assets below 100 billion Korean won. Reviewing transfer pricing methods, cost-based transfer pricing is most popular showing that 60 firms have adopted it. The market-based method is used by 31 firms, and 13 firms have reported the resale-pricing method. Regarding the nationalities of foreign investors, the Japanese and the Americans constitute most of the sample. Logistic regressions have been performed for statistical analysis. The dependent variable is binary in that whether the method of international transfer pricing is a market-based method or a cost-based method. This type of binary classification is founded on the belief that the market-based method is evaluated as the relatively objective way of pricing compared with the cost-based methods. Cost-based pricing is assumed to give mangers flexibility in transfer pricing decisions. Therefore, local regulatory agencies are thought to prefer market-based pricing over cost-based pricing. Independent variables are composed of eight factors such as corporate tax rate, tariffs, relations with local tax authorities, tax audit, equity ratios of local investors, volume of internal trade, sales volume, and product life cycle. The first four variables are included in the model because taxation lies in the center of transfer pricing disputes. So identifying the impact of these variables in Korean business environments is much needed. Equity ratio is included to represent the interest of local partners. Volume of internal trade was sometimes employed in previous research to check the pricing behavior of managers, so we have followed these footsteps in this paper. Product life cycle is used as a surrogate of competition in local markets. Control variables are firm size and nationality of foreign investors. Firm size is controlled using dummy variables in that whether or not the specific firm is small and medium sized. This is because some researchers report that big firms show different behaviors compared with small and medium sized firms in transfer pricing. The other control variable is also expressed in dummy variable showing if the entrepreneur is the American or not. That's because some prior studies conclude that the American management style is different in that they limit branch manger's freedom of decision. Reviewing the statistical results, we have found that managers prefer the cost-based method over the market-based method as the importance of corporate taxes and tariffs increase. This result means that managers need flexibility to lessen the tax burden when they feel taxes are important. They also prefer the cost-based method as the product life cycle matures, which means that they support subsidiaries in local market competition using cost-based transfer pricing. On the contrary, as the relationship with local tax authorities becomes more important, managers prefer the market-based method. That is because market-based pricing is a better way to maintain good relations with the tax officials. Other variables like tax audit, volume of internal transactions, sales volume, and local equity ratio have shown only insignificant influence. Additionally, we have replaced two tax variables(corporate taxes and tariffs) with the data showing top marginal tax rate and mean tariff rates of each country, and have performed another regression to find if we could get different results compared with the former one. As a consequence, we have found something different on the part of mean tariffs, that shows only an insignificant influence on the dependent variable. We guess that each company in the sample pays tariffs with a specific rate applied only for one's own company, which could be located far from mean tariff rates. Therefore we have concluded we need a more detailed data that shows the tariffs of each company if we want to check the role of this variable. Considering that the present paper has heavily relied on questionnaires, an effort to build a reliable data base is needed for enhancing the research reliability.