• Korean Journal of Heritage: History & Science
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• v.55 no.2
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• pp.66-79
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• 2022

In the mid-Kofun period, the technology employed in the southern part of the Korean Peninsula had reached the Japanese archipelago, and a Japanese-style unglazed earthenware called Sueki was produced. During the early period of the spread of technology, regional elements from all over the Korean Peninsula remained strong, with production on the Japanese archipelago carried out only in very limited regions. After that, production in all parts of the archipelago began gradually. The Sueki culture was introduced to the Japanese archipelago with the technology of the Korean Peninsula; however, many excavations have been reported in the Korean Peninsula(these excavations are even called Suekitype). Many of these excavations were conducted in Jeolla-do, Yeongnam, and the Yeongsan River basin. As revealed in previous studies, however, many imitations were excavated around Jeolla-do, while Sueki of the Japanese archipelago were excavated from tombs in the Yeongnam area. The excavation period was generally from the late 5^th century to the early 6^th century(especially from the TK23 to MT15 stage), which is fundamentally different from that of Jeolla-do. Regarding the locations where Sueki were excavated, the majority were found in the tombs of local authorities. They were rarely excavated from the tombs of the royal people. Furthermore, there is no evidence of special meaning given to funeral ceremonies or Sueki in the Japanese archipelago form; therefore, most of them are thought to have been treated the same as unglazed earthenware. Considering the tombs as a whole, influential people(groups, families, and forces) were not only connected to certain areas of the Gaya region but also had complex and larger relationships. In other words, the Sueki excavated from the Yeongnam area may reflect the rise and fall of the forces in each Gaya region and the changes of the Yeongnam period. The role of negotiation and exchange can be seen not only from the fact that influential people in the central government of the Gaya region were involved but also from the existence of areas(groups, families, forces) discovered in the Gaya region indicating mutual relationships.

• Korean Journal of Heritage: History & Science
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• v.55 no.4
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• pp.56-70
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• 2022

Tombs No. 39 and No. 63 in Gyo-dong, Changnyeong, are unique in the Changnyeong area in that they do not have additional burials because they are hoenggu-style tombs with an entrance on the north side. This study tried to understand the nature and meaning of the two separate stone walls at the entrance of the tomb along with the burial process of the tomb. These two stone walls mark small tombs built independently within a large tomb, with stone wall No. 39 stone wall No. 3 (No.39-3) and No. 63 stone wall No. 3 (No. 63-3). Both units are located in the middle of the northern wall of the burial body part and share one wall with the burial body part wall stone. All animal fluids inside the stone wall were identified. In particular, it was estimated that at least three dogs were buried as a result of identification of animal fluids No. 63-3. Above all, these animals have their heads facing outward with their backs to the main occupants, and do not overlap in a limited space and are placed side by side. Changnyeong Gyo-dong No. 39-3 and 63-3 were created in the process of building the burial body, and although they are independent relics, they form a subordinate relationship in that they were built along the main burial within one tomb. In addition, it is coercive in that it is placed in an orderly manner according to a certain direction in a state that has not been dismantled after killing an animal. Therefore, It is understood to be the SHUNJANG of dogs. Studies on animal fluids excavated from tombs in the Three Kingdoms period are interpreted as animal stewardship, sacrificial collection, and animal sacrifice depending on their location, and this is known as a series of animal sacrifice rites, namely, animal stewardship and sacrifice. This recognition is based on material objectification of animals, such as food or sacrifices. However, Changnyeong Gyo-dong No. 39-3 and 63-3 are different in that they recognize animals as spiritual beings in the process of funeral rites and are closely related to the ideology that there is life after death. In addition, analysis of the location and directionality of the remains is also required from multiple angles. These two SHUNJANG correspond to the entrance to the tomb, and the location is the most open space at the entrance. The appearance of a dog looking outward, etc., can also be interpreted as the meaning of protecting the tombs and byeoksa. This appearance can be compared with the dog depicted in a mural in a Goguryeo tomb that reflects the ancient world's thought and stone figures excavated from the tomb of King Muryeong of Baekje, and it is also consistent with the meaning of the JINMYOSU protecting the ancient tombs. This suggests that a multifaceted study on animal fluid burial remains is needed in the future.

• Sim-seong Yeon-gu
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• v.31 no.2
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• pp.113-150
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• 2016

Chobun refers to a temporary grave covered with straw thatch that contains a corpse until its flesh is gone. When all the flesh has rotted away, the straw grave is disassembled and only the bones are retrieved. Therefore, Chobun is an example of a secondary burial custom (German : Doppel Bestattung) that is composed of a first temporary funeral for processing the corpse's flesh, and a second permanent burial of the final remains (bones or ashes). The duration of the temporary burial is determined by the time needed for decomposing the flesh of the deceased. Building a Chobun progresses putrefaction and reduction to bone. In the literature of alchemy, putrefaction and new life occur simultaneously. The purpose of rotting is to make the flesh disappear, leaving only its essence. It is making the physical body enter a spiritual state, so that the dead can enter into a different world. One must endure the unstable rotting process until the smell of flesh has faded. The rotting process is the attitude of accepting the terrible, polluted aspect of the corpse, while maintaining a helpless, passive posture, in order to allow new possibilities. When we try to approach an archetypal aspect of the unconscious, it is often experienced in threatening, aggressive ways. In the individuation process, the unconscious offers us the blessing of a new spiritual awakening and renewed sense of life, only when we have the courage to see this terrifying and contaminated side of our psyche. This is exactly what putrefaction means. Bone and skeleton symbolize the indestructible, imperishable, and essential elements of life. Bone is the minimum unit and foundation for regeneration, where new life can grow. Reduction to bone is moving back to the origin of life, to the womb. Psychologically, it means discarding one's ego-centeredness and allowing the Self to lead the entire process of individuation. Going through the painful process of reduction to a skeleton for the purpose of further development is a declaration of the death of the ego, aiming at the liberation from perishable flesh and acquisition of the spiritual, regenerative, and immortal elements of life. Chobun also denotes the yearly decay and revival of life, especially of vegetal life. In Chobun, this symbolic meaning of the vegetal cycle of life is emphasized to represent the part of life that survives even after death. Vegetation related to Chobun deals with the continuity of life and psychologically with the Self. Images of vegetation are closely related to the existence of life beyond death, which is the existence of the Self, the source of energy that constantly renews and rejuvenates the consciousness.

• The Journal of the Acoustical Society of Korea
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• v.28 no.4
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• pp.343-355
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• 2009

In order to restore the identity of sound environment and expand the sound culture of a region, the purpose of this study are to excavate the resources of soundscape and find out the plans for the preservation and promotion of soundscape resources peculiar to the region. For this purpose, this research is conducted through an interview survey of residents and an observation survey using listening walk in Hongdo, one of the southwesten island of Korea. The results of survey confirm that there are so many sounds to hear around Hongdo island, those are, natural sounds such as the song of the birds, the roar of the waves, the whistling sounds, the shriek of the seagulls, and the pebbles sounds washed away by the waves, and artificial sounds such as the steam-whistle signals, the ship's broadcasts, the voice of tourists, the sounds of church bells, lighthouse sirens etc. The results suggest that it is necessary to consider several ways for restoration of an unique soundscape in Hongdo island, those are, improvement for efficient management of a ship's broadcasts in public areas, removal of a ferry in Hongdo swimming beach, management of Dangsanje (a religious service), preservation of a lighthouse siren and a foghorn, restoration and improvement of underground stream, management and control of public fish market, restoration of brooklet, management of cooperative system for a fish market, restoration of PoongO-Gut (a ritual for a large harvest) and a skate festival, management of a Hongdo sports meeting, sound quality modification of a boat whistle, restoration of orientalia such as a funeral bier, ecosystem preservation activity of the shore and ocean, and promotion of amenity for fascination and vitality in a rural community. Also, a sound map is drawn up for many tourists so as to realize the importance of sound environment and identity of soundscape and to gain their experience at first hand in Hongdo island.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.137-168
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• 2020

Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

• Journal of Korean Academy of Nursing Administration
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• v.6 no.3
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• pp.389-404
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• 2000

This study was designed to determine the cost and measurement of nursing care hours for hospice patients hostpitalized in one university hospital. 314 inpatients in the hospice unit 11 nursing manpower were enrolled. Study was taken place in C University Hospital from 8th to 28th, Nov, 1999. Researcher and investigator did pilot study for selecting compatible hospice patient classification indicators. After modifying patient classification indicators and nursing care details for general ward, approved of content validity by specialist. Using hospice patient classification indicators and per 5 min continuing observation method, researcher and investigator recorded direct nursing care hours, indirect nursing care hours, and personnel time on hospice nursing care hours, and personnel time on hospice nursing care activities sheet. All of the patients were classified into Class I(mildly ill), Class II (moderately ill), Class III (acutely ill), and Class IV (critically ill) by patient classification system (PCS) which had been carefully developed to be suitable for the Korean hospice ward. And then the elements of the nursing care cost was investigated. Based on the data from an accounting section (Riccolo, 1988), nursing care hours per patient per day in each class and nursing care cost per patient per hour were multiplied. And then the mean of the nursing care cost per patient per day in each class was calculated. Using SAS, The number of patients in class and nursing activities in duty for nursing care hours were calculated the percent, the mean, the standard deviation respectively. According to the ANOVA and the $Scheff{\'{e}$ test, direct nursing care hours per patient per day for the each class were analyzed. The results of this study were summarized as follows : 1. Distribution of patient class : class IN(33.5%) was the largest class the rest were class II(26.1%) class III(22.6%), class I(17.8%). Nursing care requirements of the inpatients in hospice ward were greater than that of the inpatients in general ward. 2. Direct nursing care activities : Measurement ${\cdot}$ observation 41.7%, medication 16.6%, exercise ${\cdot}$ safety 12.5%, education ${\cdot}$ communication 7.2% etc. The mean hours of direct nursing care per patient per day per duty were needed ; 69.3 min for day duty, 64.7 min for evening duty, 88.2 min for night duty, 38.7 min for shift duty. The mean hours of direct nursing care of night duty was longer than that of the other duty. Direct nursing care hours per patient per day in each class were needed ; 3.1 hrs for class I, 3.9 hrs for class II, 4.7 hrs for class III, and 5.2 hrs for class IV. The mean hours of direct nursing care per patient per day without the PCS was 4.1 hours. The mean hours of direct nursing care per patient per day in class was increased significantly according to increasing nursing care requirements of the inpatients(F=49.04, p=.0001). The each class was significantly different(p<0.05). The mean hours of direct nursing care of several direct nursing care activities in each class were increased according to increasing nursing care requirements of the inpatients(p<0.05) ; class III and class IV for medication and education ${\cdot}$ communication, class I, class III and class IV for measurement ${\cdot}$ observation, class I, class II and class IV for elimination ${\cdot}$ irrigation, all of class for exercise ${\cdot}$ safety. 3. Indirect nursing care activities and personnel time : Recognization 24.2%, house keeping activity 22.7%, charting 17.2%, personnel time 11.8% etc. The mean hours of indirect nursing care and personnel time per nursing manpower was 4.7 hrs. The mean hours of indirect nursing care and personnel time per duty were 294.8 min for day duty, 212.3 min for evening duty, 387.9 min for night duty, 143.3 min for shift duty. The mean of indirect nursing care hours and personnel time of night duty was longer than that of the other duty. 4. The mean hours of indirect nursing care and personnel time per patient per day was 2.5 hrs. 5. The mean hours of nursing care per patient per day in each class were class I 5.6 hrs, class II 6.4 hrs, class III 7.2 hrs, class IV 7.7 hrs. 6. The elements of the nursing care cost were composed of 2,212 won for direct nursing care cost, 267 won for direct material cost and 307 won for indirect cost. Sum of the elements of the nursing care cost was 2,786 won. 7. The mean cost of the nursing care per patient per day in each class were 15,601.6 won for class I, 17,830.4 won for class II, 20,259.2 won for class III, 21,452.2 won for class IV. As above, using modified hospice patient classification indicators and nursing care activity details, many critical ill patients were hospitalized in the hospice unit and it reflected that the more nursing care requirements of the patients, the more direct nursing care hours. Emotional ${\cdot}$ spiritual care, pain ${\cdot}$ symptom control, terminal care, education ${\cdot}$ communication, narcotics management and delivery, attending funeral ceremony, the major nursing care activities, were also the independent hospice service. But it is not compensated by the present medical insurance system. Exercise ${\cdot}$ safety, elimination ${\cdot}$ irrigation needed more nursing care hours as equal to that of intensive care units. The present nursing management fee in the medical insurance system compensated only a part of nursing car service in hospice unit, which rewarded lower cost that that of nursing care.

• Journal of the Korean Society of Costume
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• v.1
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• pp.119-129
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• 1977

It is significant for developing the future for us to know our present age. In order to preserve our Korean costume as a fola clothes retaining our distinguished independent characterisitics and to help design the tomorrow of our Korean costume playing a role as a racial to develop the world clothing culture, a survey was conducted to investigate modern people's conscious-ness and wearing practumes of Korean costume by questionaire and interviewing methods. The results of the survey were analyzed as follows: (1) At present, Korean costumes were purchased as customtailored(64.0%) and as ready-made(17.8%) and most of them were not made at individual homes. The laundry and ironing of them were carried out at laundry shops(68.8%). Considering our present economic, social and cultural aspects, sowing, laundryand ironing will not be carried out at homes again in the future and ready made costumes seen to be produced in a large scale in the future. Garment makers and laundry shop operators should be trained how to make our Korean costumes retain our traditional beauty in the course of their production and laundry and the makers of ready-made costumes must make research how to efficiently produce ideal ready-made costumes by adopting the synchro system in their wrk odisivion. (2) The age group wearing Korean costumes most frequently was the aged people over 60 (their wearing rate; 45%-50%) and the group wearing them most frequently next io the aged people over 60, was housewives(their wearing rate; 15%-20%). Excludign aged people and housewives, other respondentsdid not wear Korean costumes very frequently. Men's wearing rate was lower their wearing rate was the younger their ages were and the less their monthly incomes were. Korean costumes were used for holiday and festival(60%), wedding and funeral ceremonies (52%), visiting and working(22%), casual wear(12.8%) and home wear(9.2%). The use of Korean costumes as casual and home wears, was lower than the use for holday, festival, visiting and working, Under our present circumstances in which our Korean people use both Western style clothes and Korean costumer, our Korean costume has lostits position as a basic and necessary requiement in Korean people's daily life and become a ceremonical and fancy costume. It is natural that the times and life change everything in our daily life. Our costume has to be made as good ceremonial and fancy clothes satisfying modern sensibility according to its new role. In order for us to get close with our clothes, a keen study must be carried out to cleat the color, material, style, function and harmony of the Korean costume matching the of the times. (3) The 47.8% of the respondents answered that they were proud of our Korean costume as our folk clothes, 47.6% replied that thought them just common and 1.1% responded that they were ashamed of it. Most of them were affirmative in feeling pride with our Korean costume. (4) Considering the functional aspect of Korean costumes, their strong points were symetric beauty, rhythmical beauty, unity feeling, harmonical beauty and detailed decorations. Their common shortcomings were lack of individuality and inadequateness for active life. The shortcomings of woman costumes were suppressing breast, making resperation difficult and in adequnteness in summer time. The main reason not to wear our Korean costumes, was due to the fact that they are incomvenient for active life. As a measure to eliminate such shortcomings, 1) the suspension system of skirt to remove the suppression of breast should be generally adopted. 2) they should be simplified in their structure to make them convenient for active life and adepuate in wearing them in hot weather in an extent to which the traditional beauty of the costume may not be lostand 3) a new technique must be explored for showing individuality by wearing method and new arrangment of colors and decorations. (5) The reasons desiring to wear Korean costumes were classifide as follows: A. Korean costumes are our traditional clothes(43.4%). B. Korean costumes are noble and beautiful(26.8%). C. They are accustomed to wear Korean costumes by habit(19.5%). D. Korean costumes are necessary for attending ceremoneis(9.5%). E. Miscellaneous reasons(0.8%). Classifying these reasons into age groups, the high age group over 40 wore them because they were easy to wear by habit and the low age group of 10-30 never thought that they were east to wear by habit. Considering that even those who were accustomed to wear Korean costumes showed a low wearing rate and that the young generation were accustomed to wear Western style clothes rather than Korean costumes, the wearing rate of Korean costumes will be reduced in the future if such trend continues. It is urgent for us to make our best efforts in order to enhance the interest of young generation in Korean costumes and not to make them lose the strong points of Korean costume in the future. (6) Conicering the plan of the respondents on what kind of clothes they were going to wear in the future, among the age group over 50, those who wanted to wear only Korean costumes were 24.8%(men) and 35.1%(women), those who wanted to wear 49.7%(men) and 47.4(women), those who wanted to wear chiefly Western style clothes were 20.7% (men) and 14.4%(women) and those who wanted to wear only Western style clothes, were 2.4% (men) and 2.1%(women). This shows that the general tendency to wear only or chiefly Korean costumes is more prevalent than that to wear only Western style. Among the age group under 50, the tendency to wear Western style clothes was conspicuous and most of the respondent answered that they would wear chiefly Western style clothes and Korean costumes occasionally. Only 5.4% of the respondent answered that they would wear only Western style clothes and this shows that meny respondents still wonted to wear Korean costumes. Those who wanted their descendants to wear what they desire, were 50.1%(men) and 68.8% (women) and those who wanted their descendants to wear Koran costumes occasionally, were 85.8%(men) and 86.3%(women). This shows that most of respondents wanted their descendants to wear Korean costumes. In order to realize, it is necessory for us to make ourdescendants recognize the preciousness of our traditional culture and modify our Korean costumes according to their taste so that they may like wearing them.

• Korean Journal of Heritage: History & Science
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• v.42 no.4
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• pp.20-49
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• 2009

This paper explores the Korean royal tombs steles such as monumental steles and tombstone marks (神道碑, 表石) that are broadly fallen into the following three periods ; the 15~16th centuries, 17th~18th centuries, and 19th century. As a result, the royal tombs steles were built, unlike the private custom, on the heirs to the King's intentions. During the 15~17th centuries the construction and reconstruction of the monumental steles took place. In the late Joseon period, monumental steles had been replaced with a number of tombstone marks were built to appeal to the king's calligraphy carved on stone for the first time. During the Great Empire Han(大韓帝國) when the Joseon state was upgraded the empire, Emperors Gojong and Sunjong devoted to honor ancestors by rebuilding royal tombstone mark. Based on these periodical trends, it would not be exaggerated that the history of establishing the royal tombs steles formed in late Joseon. The type of royal tombs monuments originated from those of the Three Kingdoms era, a shapeless form, the new stele type of the Tang Dynasty (唐碑) has influenced on the building of monuments of the Unified Silla and Buddhist honorable monuments (塔碑) of the Goryeo Dynasty. From the 15th century, successive kings have wished to express the predecessors's achievements, nevertheless, the officials opposed it because the affairs of the King legacy (國史) were all recorded, so there is no need to establish the tombs steles. Although its lack of quantity, each Heonneung and Jereung monumental steles rebuilt in 1695 and 1744 respectively, is valuable to show the royal sculpture of the late Joseon period. Since the 15th century, the construction of the royal tombs monumental steles has been interrupted, the tombstone marks (boulders) with simpler format began to be erected within the tomb precincts. The Yeoneung tombstone mark(寧陵表石), built in 1682, shows the first magnificent scale and delicate sculpture technique. Many tombstone marks were erected since the 1740s on a large scale, largely caused by King Yeongjo's announce to the honorific business for the predecessors. Thanks to King Yeongjo's such appealing effort, over 20 pieces of tombstone marks were established during his reign. The fact that his handwritten calligraphic works first carved on tombstones was a remarkable phenomenon had never been appeared before. Since the 18th century, a double-slab high above the roof(加?石) and rectangular basement of the stele have been accepted as a typical format of the tombstone marks. In front of the stele, generally seal script calligraphic works after a Tang dynasty calligrapher Li Yangbing(李陽氷)'s brushwork were engraved. In 1897 when King Gojong declared the Empire, these tombstone marks were once again produced in large amounts. Because he tried to find the legitimacy of the Empire in the history of the Joseon dynasty and its four founding fathers in creating the monuments both of the front and back sides by carving his in-person-calligraphy as a ruler representing his symbolic authority. The tombstone marks made during this period, show an abstract sculpture features with the awkward techniques, and long and slim strokes. As mentioned above, the construction of monumental steles and tombstone marks is a historical and remarkable phenonenon to reveal the royal funeral custom, sculpture techniques, and successive kings' efforts to honor the royal predecessors.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.9-39
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• 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.