• Title/Summary/Keyword: fault current

Search Result 2,109, Processing Time 0.029 seconds

Modeling and Implementation of Safety Test Device for Grounding System Based on IEC 60364 (IEC 60364의 접지방식에 기반한 안전성 평가 시험장치의 모델링 및 구현에 관한 연구)

  • Kim, Soon-Sik;Han, Byeong-Gill;Lee, Hu-Dong;Ferreira, Marito;Rho, Dae-Seok
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.22 no.6
    • /
    • pp.599-609
    • /
    • 2021
  • A novel grounding system, which is presented in IEC 60364, has been adopted since 2021. A safety evaluation for the human body on the grounding system is required due to the various characteristics of the touch voltage and current passing when the human body experiences an electric shock. The Korea Electrical Safety Corporation (KESCO) and Korea Electric Association (KEA) have been conducting a safety technical education on the grounding system. On the other hand, it is difficult to instruct the electrical safety manager because of a lack of safety evaluations for the test equipment on the grounding system. Therefore, this paper modeled and implemented a test device for a safety evaluation depending on the grounding system of IEC 60364. Namely, this paper presents the modeling of the test device for a safety evaluation using PSCAD/EMTDC S/W, which is composed of an AC grid section, s test device section on the grounding system, and a sub-device section. This paper implemented a test device for safety evaluation, which consisted of an AC grid section, TT grounding system section, TN-S grounding system section, and monitoring section. From the simulation and test results with the safety characteristics of the human body in the TT and TN-S grounding system, when the fault impedances are 0[Ω], 10[Ω], and 100[Ω], the currents passing through the human body in the TT grounding system are 104[mA], 87.4[mA], and 35.5[mA], respectively. The corresponding currents in the TN-S grounding system are 54.9[mA], 4.1[mA], and 0.4[mA], respectively. Based on the results, the protection performance for an electric shock to the human body in the TN-S system is better than the TT system. This can be improved when the existing grounding system is changed from the TT system to the TN-S system.

A Study on the Problems and Resolutions of Provisions in Korean Commercial Law related to the Aircraft Operator's Liability of Compensation for Damages to the Third Party (항공기운항자의 지상 제3자 손해배상책임에 관한 상법 항공운송편 규정의 문제점 및 개선방안)

  • Kim, Ji-Hoon
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.29 no.2
    • /
    • pp.3-54
    • /
    • 2014
  • The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.

Switching and Leakage-Power Suppressed SRAM for Leakage-Dominant Deep-Submicron CMOS Technologies (초미세 CMOS 공정에서의 스위칭 및 누설전력 억제 SRAM 설계)

  • Choi Hoon-Dae;Min Kyeong-Sik
    • Journal of the Institute of Electronics Engineers of Korea SD
    • /
    • v.43 no.3 s.345
    • /
    • pp.21-32
    • /
    • 2006
  • A new SRAM circuit with row-by-row activation and low-swing write schemes is proposed to reduce switching power of active cells as well as leakage one of sleep cells in this paper. By driving source line of sleep cells by $V_{SSH}$ which is higher than $V_{SS}$, the leakage current can be reduced to 1/100 due to the cooperation of the reverse body-bias. Drain Induced Barrier Lowering (DIBL), and negative $V_{GS}$ effects. Moreover, the bit line leakage which may introduce a fault during the read operation can be eliminated in this new SRAM. Swing voltage on highly capacitive bit lines is reduced to $V_{DD}-to-V_{SSH}$ from the conventional $V_{DD}-to-V_{SS}$ during the write operation, greatly saving the bit line switching power. Combining the row-by-row activation scheme with the low-swing write does not require the additional area penalty. By the SPICE simulation with the Berkeley Predictive Technology Modes, 93% of leakage power and 43% of switching one are estimated to be saved in future leakage-dominant 70-un process. A test chip has been fabricated using $0.35-{\mu}m$ CMOS process to verify the effectiveness and feasibility of the new SRAM, where the switching power is measured to be 30% less than the conventional SRAM when the I/O bit width is only 8. The stored data is confirmed to be retained without loss until the retention voltage is reduced to 1.1V which is mainly due to the metal shield. The switching power will be expected to be more significant with increasing the I/O bit width.

Development of an Solid Separation System for Pig Slurry (돈 슬러리용 고형물 분리시스템 개발)

  • 김민균;김태일;최동윤;백광수;박진기;양창범;탁태영
    • Journal of Animal Environmental Science
    • /
    • v.8 no.1
    • /
    • pp.9-16
    • /
    • 2002
  • This study was conducted to develope the new solid separating system which can be efficiently and economically removed the solid parts in high pollutants concentration of pig slurry. The pollutants concentration, BOD$_{5}$ , COD and SS of the slurry used in this study was 15,990($\pm$2,389)mg/l, 20,004($\pm$5,512)mg/l and 26,486($\pm$5,935)mg/l, respectively. After removal of solid part in slurry, the pollutants concentration, BOD$_{5}$, COD and SS was change into 5,617($\pm$690)mg/l, 5,553($\pm$633)mg/land 1,456($\pm$341)mg/l, respectively in the Fixed biological membrane tank. The reduction of the pollutants concentration of suspend liquid through membrane will be allowed to greatly improve the water purification by an Activated sludge method. This separating system consisted of a temporary storage, a circulating tank and a Fixed Biological membrane tank. A temporary storage which has a draining system of screw type and an aeration device played a tremendous role in draining the solid by filled an aeration of 0.3 l/min. A Fixed Biological membrane tank of which a styrofoam filled in a 2/3 volume as a Biological media was fixed by a stainless steel net (pore size : 0.5mm) to separate the liquid layer of influx in them. The separating system efficiency factors were the speed of screw motor, cycle number of slurries in a circulating tank and moisture contents of solid effluent through the screw path. Although the pollutants concentration was very variable in temporary storage, the final concentration of $BOD_5$ and SS, except COD of the suspended liquid in a Fixed biological membrane were not different regardless of cycle number of a circulating tank. Moisture contents of effluent from temporary storage was 73% under the speed 1 ppm of screw motor and 62% under the 1/4rpm of it.

  • PDF

International Liability for Damage Caused by Space Debris (우주잔해 손해에 대한 국제책임)

  • Kim, Dong-Uk
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.23 no.2
    • /
    • pp.173-205
    • /
    • 2008
  • Space debris have frequently caused damage to space objects like satellites in orbits and sometimes have fallen on the earth. Such increase in space debris will lead to the high possibility of threatening space activities of mankind. However, it is not so easy for the damage caused both by identified and by unidentified space debris to be recovered since in the regime of the current international law, there is no legislation of prescribing the damage done by space debris. For overcoming the limitation it seems desirable that either the Liability Convention should partly be amended or new international law regime should be established. For instance, 'space debris' should be included in the new definition of 'space object' and the range of launching should also be defined clearly by making the concept of 'launching' somewhat more specified. Moreover, the subject of international liability for damage caused by space debris should be divided into two classes: the subject before and after registration. While in case of before-registration launch states should be held liable for any damage jointly or individually, in case of after-registration 'the state of registry' or 'owner' of the space debris should be. In the event of damage being caused elsewhere than on the surface of the earth to a space object of other State, 'fault-based liability' is currently applied. But it needs to be changed into 'absolutely liability'. In this paper, 'Liability Pool', 'Insurance', 'Market-Share Liability' are presented as aid devices of the damages resulting from unidentified space debris. They should be defined through the amendment of the Liability Convention or another international treaty. Some day there comes a time when our country shall possess many of the astronomical price of satellites. It means that we can't be free from the damage by the increasing number of space debris. Provided that our satellites are damaged by such space debris, it will do the satellites damage and cause impaired functioning or troubles in operation. As a result, if we are not paid for the damage by space debris, we will be confronted with tremendous economic loss because it is necessarily connected with the excess burden of taxation. Thus, an international agreement regarding the measures of the compensation for space debris damage must be made very soon.

  • PDF

Recent Progress in Air-Conditioning and Refrigeration Research: A Review of Papers Published in the Korean Journal of Air-Conditioning and Refrigeration Engineering in 2014 (설비공학 분야의 최근 연구 동향: 2014년 학회지 논문에 대한 종합적 고찰)

  • Lee, Dae-Young;Kim, Sa Ryang;Kim, Hyun-Jung;Kim, Dong-Seon;Park, Jun-Seok;Ihm, Pyeong Chan
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
    • /
    • v.27 no.7
    • /
    • pp.380-394
    • /
    • 2015
  • This article reviews the papers published in the Korean Journal of Air-Conditioning and Refrigeration Engineering during 2014. It is intended to understand the status of current research in the areas of heating, cooling, ventilation, sanitation, and indoor environments of buildings and plant facilities. Conclusions are as follows. (1) The research works on the thermal and fluid engineering have been reviewed as groups of heat and mass transfer, cooling and heating, and air-conditioning, the flow inside building rooms, and smoke control on fire. Research issues dealing with duct and pipe were reduced, but flows inside building rooms, and smoke controls were newly added in thermal and fluid engineering research area. (2) Research works on heat transfer area have been reviewed in the categories of heat transfer characteristics, pool boiling and condensing heat transfer and industrial heat exchangers. Researches on heat transfer characteristics included the results for thermal contact resistance measurement of metal interface, a fan coil with an oval-type heat exchanger, fouling characteristics of plate heat exchangers, effect of rib pitch in a two wall divergent channel, semi-empirical analysis in vertical mesoscale tubes, an integrated drying machine, microscale surface wrinkles, brazed plate heat exchangers, numerical analysis in printed circuit heat exchanger. In the area of pool boiling and condensing, non-uniform air flow, PCM applied thermal storage wall system, a new wavy cylindrical shape capsule, and HFC32/HFC152a mixtures on enhanced tubes, were actively studied. In the area of industrial heat exchangers, researches on solar water storage tank, effective design on the inserting part of refrigerator door gasket, impact of different boundary conditions in generating g-function, various construction of SCW type ground heat exchanger and a heat pump for closed cooling water heat recovery were performed. (3) In the field of refrigeration, various studies were carried out in the categories of refrigeration cycle, alternative refrigeration and modelling and controls including energy recoveries from industrial boilers and vehicles, improvement of dehumidification systems, novel defrost systems, fault diagnosis and optimum controls for heat pump systems. It is particularly notable that a substantial number of studies were dedicated for the development of air-conditioning and power recovery systems for electric vehicles in this year. (4) In building mechanical system research fields, seventeen studies were reported for achieving effective design of the mechanical systems, and also for maximizing the energy efficiency of buildings. The topics of the studies included energy performance, HVAC system, ventilation, and renewable energies, piping in the buildings. Proposed designs, performance performance tests using numerical methods and experiments provide useful information and key data which can improve the energy efficiency of the buildings. (5) The field of architectural environment was mostly focused on indoor environment and building energy. The main researches of indoor environment were related to the evaluation of work noise in tunnel construction and the simulation and development of a light-shelf system. The subjects of building energy were worked on the energy saving of office building applied with window blind and phase change material(PCM), a method of existing building energy simulation using energy audit data, the estimation of thermal consumption unit of apartment building and its case studies, dynamic window performance, a writing method of energy consumption report and energy estimation of apartment building using district heating system. The remained studies were related to the improvement of architectural engineering education system for plant engineering industry, estimating cooling and heating degree days for variable base temperature, a prediction method of underground temperature, the comfort control algorithm of car air conditioner, the smoke control performance evaluation of high-rise building, evaluation of thermal energy systems of bio safety laboratory and a development of measuring device of solar heat gain coefficient of fenestration system.

Recent Progress in Air-Conditioning and Refrigeration Research : A Review of Papers Published in the Korean Journal of Air-Conditioning and Refrigeration Engineering in 2015 (설비공학회 분야의 최근 연구 동향 : 2015년 학회지 논문에 대한 종합적 고찰)

  • Lee, Dae-Young;Kim, Sa Ryang;Kim, Hyun-Jung;Kim, Dong-Seon;Park, Jun-Seok;Ihm, Pyeong Chan
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
    • /
    • v.28 no.6
    • /
    • pp.256-268
    • /
    • 2016
  • This article reviews the papers published in the Korean Journal of Air-Conditioning and Refrigeration Engineering during 2015. It is intended to understand the status of current research in the areas of heating, cooling, ventilation, sanitation, and indoor environments of buildings and plant facilities. Conclusions are as follows. (1) The research works on the thermal and fluid engineering were carried out in the areas of flow, heat and mass transfer, cooling and heating, and air-conditioning, the renewable energy system and the flow inside building rooms. Research issues dealing with air-conditioning machines and fire and exhausting smoke were reduced. CFD seems to be spreading to more research areas. (2) Research works on heat transfer area were carried out in the categories of heat transfer characteristics, pool boiling and condensing heat transfer and industrial heat exchangers. Researches on heat transfer characteristics included the economic analysis of GHG emission, micro channel heat exchanger, effect of rib angle on thermal performance, the airside performance of fin-and-tube heat exchangers, theoretical analysis of a rotary heat exchanger, heat exchanger in a cryogenic environment, the performance of a cross-flow-type, indirect evaporative cooler made of paper/plastic film. In the area of pool boiling and condensing, the bubble jet loop heat pipe was studied. In the area of industrial heat exchangers, researches were performed on fin-tube heat exchanger, KSTAR PFC and vacuum vessel at baking phase, the performance of small-sized dehumidification rotor, design of gas-injection port of an asymmetric scroll compressor, effect of slot discharge-angle change on exhaust efficiency of range hood system with air curtain. (3) In the field of refrigeration, various studies were carried in the categories of refrigeration cycle, alternative refrigeration/energy system, system control. In the refrigeration cycle category, a cold-climate heat pump system, $CO_2$ cascade systems, ejector cycles and a PCM-based continuous heating system were investigated. In the alternative refrigeration/energy system category, a polymer adsorption heat pump, an alcohol absorption heat pump and a desiccant-based hybrid refrigeration system were investigated. In the system control category, turbo-refrigerator capacity controls and an absorption chiller fault diagnostics were investigated. (4) In building mechanical system research fields, eighteen studies were reported for achieving effective design of the mechanical systems, and also for maximizing the energy efficiency of buildings. The topics of the studies included energy performance, HVAC system, ventilation, and renewable energies, piping in the buildings. Proposed designs, performance tests using numerical methods and experiments provide useful information and key data which can improve the energy efficiency of the buildings. (5) The field of architectural environment was mostly focused on indoor environment and building energy. The main researches of indoor environment were related to the user and location awareness technology applied dimming lighting control system, the lighting performance evaluation for light-shelves, the improvement evaluation of air quality through analysis of ventilation efficiency and the evaluation of airtightness of sliding and LS window systems. The subjects of building energy were worked on the energy saving estimation of existing buildings, the developing model to predict heating energy usage in domestic city area and the performance evaluation of cooling applied with economizer control. The studies were also performed related to the experimental measurement of weight variation and thermal conductivity in polyurethane foam, the development of flame spread prevention system for sandwich panels, the utilization of heat from waste-incineration facility in large-scale horticultural facilities.

An Understanding the Opening Style of the West Philippine Basin Through Multibeam High-Resolution Bathymetry (고해상도 다중빔음향측심 지형자료 분석을 통한 서필리핀분지의 진화 연구)

  • Hanjin Choe;Hyeonuk Shin
    • Journal of the Korean earth science society
    • /
    • v.44 no.6
    • /
    • pp.643-654
    • /
    • 2023
  • The West Philippine Basin, an oceanic basin half the size of the Philippine Sea Plate, lies in the western part of the plate and south of the Korean Peninsula on the Eurasian Plate. It subducts beneath the Eurasian Plate and the Philippine Islands bordering the Ryukyu Trench and the Philippine Trench with 25-50% of this basin already consumed. However, the history of the opening of the basin's southern region has been a topic of debate. The non-transform discontinuity formed during the seafloor spreading is similar to the transform fault boundaries normally perpendicular to mid-ocean ridge axes; however, it was created irregularly due to ridge propagations caused by variations of mantle convection attributable to magma supply changes. By analyzing high-resolution multi-beam echo-sounding data, we confirmed that the non-transform discontinuity due to the propagating rift evolved in the entire basin and that the abyssal hill strike direction changed from E-W to NNW-SSE from the fossil spreading center. In the early stage of basin extension, the Amami-Sankaku Basin was rotated 90 degrees clockwise from its current orientation, and it bordered the Palau Basin along the Mindanao Fracture Zone. The Amami-Sankaku Basin separated from the Palau Basin while the spreading of the West Philippine Basin began with a counter-clockwise rotation. This indicates that the non-transform discontinuities formed by a sudden change in magma supply due to the drift of the Philippine Sea Plate and simultaneously with the rapid changes in the spreading direction from ENE-WSW to N-S. The Palau Basin was considered to be the sub-south of the West Philippine Basin, but recent studies have shown that it extends into an independent system. Evidence from sediment layers and crustal thickness hints at the possibility of its existence before the West Philippine Basin opened, although its evolution continues to be debated. We performed a combined analysis using high-resolution multi-beam bathymetry and satellite gravity data to uncover new insights into the evolution of the West Philippine Basin. This information illuminates the complex plate interactions and provides a crucial contribution toward understanding the opening history of the basin and the Philippine Sea Plate.

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