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A Study on the Revised Draft of Rome Convention on Compensation for Damage Caused by Aircraft to Third Parties - With Respect to the Draft Unlawful Interference Compensation Convention and the Draft General Risks Convention - (항공기에 의하여 발생된 제3자 손해배상에 관한 로마협약 개정안에 대한 고찰 - 불법방해배상협약안과 일반위험협약안을 중심으로 -)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.27-51
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    • 2007
  • The cumulative result of the work by the ICAO Secretariat, the Secretariat Study Group and the Council Special Group on the Modernization of the Rome Convention of 1952 are two draft Conventions, namely: "Draft Convention on Compensation for Damage Caused by Aircraft to Third Parties, in case of Unlawful Interference", and "Draft Convention on Compensation for Damage Caused by Aircraft to Third Parties" The core provisions of the former draft Convention are as follows: The liability of the operator is strict, that is, without the necessity of proof of fault. It would be liable for damage sustained by third parties on condition only that the damage was caused by an aircraft in flight(Article 3). However, such liability is caped based on the weight of the aircraft(Article 4). It is envisaged to create an independent organization called the Supplementary Compensation Mechanism, with the principle purpose to pay compensation to persons suffering damage in the territory of a State Party, and to provide financial support(Article 8). Compensation shall be paid by the SCM to the extent that the total amount of damages exceeds the Article 4 limits(Article 19). The main issues on the farmer draft Convention are relating to breaking away from Montreal Convention 1999, no limits on individual claims but a global limitation on air carrier liability, insurance coverage, cap of operators' strict liability, and Supplementary Compensation Mechanism. The core provisions of the latter draft Convention are as follows: the liability of the operator is strict, up to a certain threshold tentatively set at 250,000 to 500,000 SDRs. Beyond that, the operator is liable for all damages unless it proves that such damage were not due to its negligence or that the damages were solely due to the negligence of another person(Article 3). The provisions relating to the SCM and compensation thereunder do not operate under this Convention, as the operator is potentially for the full amount of damages caused. The main issues on the latter draft Convention are relating to liability limit of operator, and definition of general risks. In conclusion, we urge ICAO to move forward expeditiously on the draft Convention to establish a third party liability and compensation system that can stand ready to protect both third party victims and the aviation industry before another 9/11-scale event occurs.

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Future Development of Republic of Korea NCAGS (한국형 선박통제의 발전방향에 관한 연구)

  • Kim, Sung Hae;Jung, Hyo Sup
    • Strategy21
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    • s.44
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    • pp.352-376
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    • 2018
  • Through this research, the current state of naval coordination and guidance of shipping is reviewed whereupon which a suggestion is made for a novel role which satisfies the needs of the people and the country asked of the Navy. Taking into consideration the dynamic security environment, the developing relationship between the two nations on the Korean peninsula, and the influence that the Republic of Korea has on maritime security, it is made more urgent that the Navy takes a proactive course of action in terms of naval coordination and guidance of shipping. The current form of Korean naval coordination and guidance of shipping is adapted from the logical and flexible concepts of NCAPS and NCAGS and is one of many tasks that the Republic of Korea Navy must perform. However, when the Republic of Korea Navy develops blue-water capabilities with the ambitions of protecting its people and their way of life, naval coordination and guidance of shipping could potentially become one of the primary functions of the Republic of Korea Navy that the it must champion. Already, there are indications that foreign navies are, through many developments and commitment towards naval coordination and guidance of shipping, protecting its people and states' interests wherever is necessary. In the case of Chile, its Navy has taken the helm of naval coordination and guidance of shipping and has integrated various maritime organizations including the coast guard and the National Customs Service for the sake of maintaining regional maritime security, showing immediate force if necessary. Presently, as the Republic of Korea Navy looks to be a global naval power, it is important that a reprioritization of the Navy's mission is undertaken, all the while sustaining military readiness posture on the Northern Limit Line. It cannot be any more emphasized how crucial thorough military readiness posture is as a natural stance against the enemy. That being said, contributing towards international maritime security is consistent with the nation's standing. It is a fact that maritime security has been conceptualized and developed merely as a study within the Ministry of Maritime Affairs and Fisheries, the Republic of Korea Navy, and other governmental organizations, forces, and academia. Naval cooperation and guidance of shipping suggested by this research as a practical operational field is a concrete solution to what once was an abstract concept. To stand firm on its status as a maritime nation, the Republic of Korea must establish a Maritime Security Organization within its Navy and develop the appropriate doctrines. Attaining experts, developing doctrines, and cultivating the capability to deploy maritime forces will allow for the Republic of Korea to execute a primary role in keeping international maritime security and naval coordination and guidance of shipping. To fully achieve its latent potential necessitates the Republic of Korea Navy to expedite the introduction of naval coordination and guidance of shipping concepts and to establish the appropriate doctrines, operation plans, and organizations.

The Changes of Timespace and Locality in the Yoseba, Kotobuki (요세바 고도부키에서의 시공간과 로컬리티의 변화)

  • Jo, Hyun-Mi
    • Journal of the Korean association of regional geographers
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    • v.22 no.2
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    • pp.383-396
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    • 2016
  • The most direct influence on the development of Yoseba Kotobuki was the end of World War II. As city rebuilding projects began vibrantly overlapping, the vitalization in Kotobuki was adopted by the laborers coming in from various parts throughout of the country. Just as the period of economic revival from the special demand created by the Korean War got underway, the aftermath of the worldwide economic recession due to the oil crisis had a direct effect on even the labor market. Moreover, as the vitality of the labor market gradually fizzled out from the long-term economic recession caused by the burst of the economic bubble, the labor base that had once been the pillar of the Japanese economy began to age and could no longer perform this role. As these aging laborers came to receive public assistance, the doya managers began repairing the doya and Kotobuki began to change again. The historical times which affected the changes in Yoseba Kotobuki's locality are in the lives of its members--the laborers--and the times themselves, which operate on the micro level; however, in those times, the national and the global time of the nation-state interact and are linked in multiple layers.

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Improving Assessment of External Environment for Green Standard for Energy & Environmental Design Certification according to Climate Change (기후변화에 따른 녹색건축인증제도의 외부환경 평가항목 개선방향 연구)

  • Kim, Ji-Hyeon;Kwon, Hyuck-Sam;Kim, Jung-Gon;Song, Ok-Hee
    • Land and Housing Review
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    • v.8 no.3
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    • pp.171-180
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    • 2017
  • In 1990s, as the extreme weather events according to the global warming climate change are occurred frequently all around the world and the scale of the damage increases, the developed countries are promoting various policies for reducing greenhouse gas emissions setting the goal of greenhouse gas reduction with the level of State and local government. Especially for the greenhouse gas reduction of buildings and the inducement of eco-friendly design, the green certification system is strengthened with the assessment of energy and greenhouse management, and recently, according to the policy change of climate and energy, the certification system expanded from the buildings to the level of city and district is piloted. So this research is to understand the main contents and the assessment system of domestic green building certification system implemented in March 2013 in response to the policy change of climate and energy and to suggest the basic data for the improvement of present domestic greenhouse certification standard through the analysis of actual certification and the main case analysis of international green certification system. Recently in developed countries, in 1990s, for the reduction of building's greenhouse gas emission and the inducement of eco-friendly design, from the building of LEED, BREEAM, DGNB to the level of city and district such as LEED Neighborhood Development, BREEAM Communities, DGNB Stadtquartiere, the system is expanded and piloted. On the contrary, as for the domestic standard of green building certification system, the distribution ratio according to the assessment items in each category consists of the assessment system based on the buildings, and just the simple adjustment of some items and the improvement of weighted value are performed. Actually, as a result of selecting the 30 districts of apartment housing with the most certification performance by use among the 49 buildings certified by Institute of Land & Housing from December 2014 to July 2016 and analyzing the assessment score, the certification level is determined by the sectors of high distribution like indoor environment and energy not by the ineffective sector of external environment with low distribution so this system has a limitation to perform the practical means for the policy change of climate and energy. Thus for the national green building certification standards, the assessment system in the sector of external environment is to complemented and furthermore, reflecting domestic reality, through the introduction of certification system and the assessment system with the level of city and district, this system should be improved to meet the international certification standard.

Expected Role of ICT for Creative Economy (ICT와 미래창조경제의 나아갈 방향)

  • Kim, Kook-Jin
    • Journal of Legislation Research
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    • no.44
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    • pp.7-31
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    • 2013
  • Paradigm of Global economy is changing to creative economy. This study focuses on the role of creative economy to clarify (understand clearly) the impact (influence) which transition of economy system will bring about. The creative economy is basically came from New economy theory. According to the New economy theory, a state can achieve sustainable growth without an inflation, or higher growth rate under given inflation rate, through an investment on ICT. However, different from America, Korea had limited effect of New Economy. This is because Korean economy had factor-input driven growth model rather than New Economy mechanism. However, ICT is essential requirement to move toward New Economy(Digital Economy), it does not sufficiently explain the increase of productivity and economic growth. A crucial point to realize New economy is how to diffuse and spill over the technology development on ICT sector to other industry. ICT is not creative industry or creative economy per se, and it should play as an enabler to improve other industry's productivity. The creative economy can be understood as an extension of New Economy theory. It means the economy that creates values by cultural assets and human resource, as well as capital and labor factors. However, if we understand the meaning of creative economy as change of input factors, it is hard to bring real shape of creative economy.

A Study of Skin Biophysical Parameters and Biomarkers related to the Anatomical Site and Age in Korean Women (한국 여성의 피부 부위 및 연령에 따른 피부 측정 인자와 생물 인자 연구)

  • Cho, Seok-Cheol;Nam, Gaewon
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.41 no.4
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    • pp.413-420
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    • 2015
  • The skin is one of the largest organs in our body and participates in many of the human organism's physiological and pathological events. Skin function were known for self-maintenance and self-repair, mechanical and chemical stress protection, protection against UV and environmental pathogenic micro-organisms, production of vitamin D, and social and psychological function through the physical aspect. The aim of this study was to evaluate the variation of biophysical parameters and to find relation with skin biomarkers in different anatomical site and age in Korean women. About 70 healthy volunteers in age range 20 to 49 were participated in this test. Test areas were the forearms and the cheek. Investigation to determine biophysical parameters on human skin, was carried out using various non-invasive methods. For analysis to skin biomarkers, we studied to examine various biomarkers for the quantitative determination of cortisol, fibronectin, keratin-1, 10, and 11, involucrin, and keratin-6 in human face and forearm. And we measured to skin biophysical parameters for skin anatomical site and age difference with non-invasive methods. As results of measuring site, some parameters were have following significant difference, stratum corneum hydration, trans epidermal water loss and skin color (L and a value). As results of age difference, skin colors were had only significant difference with age. For cortisol, keratin-6, fibronectin, keratin-1, 10, 11 contents, there were no significant difference in age and site. However, involucrin level in the cheeks were the highest for age group 30 ~ 39 compared to other age groups. These results suggest that in individual skin condition may explain detailed skin state variation.

Association of Hemoglobin Levels and Cognitive Function in Alzheimer's Disease and Mild Cognitive Impairment (알츠하이머병과 경도인지장애에서 헤모글로빈 농도와 인지기능과의 연관성)

  • Park, Joon Kyung;Lee, Kang Joon;Kim, Hyun
    • Korean Journal of Psychosomatic Medicine
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    • v.24 no.1
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    • pp.94-101
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    • 2016
  • Objectives : Anemia is a common problem in the management of elderly patients. Recent studies reported that anemia was associated with cognitive impairment and Alzheimer's disease. This study was aimed to analyze the differences of hemoglobin levels in Korean patients with Alzheimer's disease(AD) dementia, mild cognitive impairment(MCI), and healthy controls. Furthermore, the study also examined if any association between hemoglobin levels and cognitive functions existed. Methods : A total of 116 Korean elderly adults were participated in this study(mean age 74.67 years ; 60.3% female). The Korean version of the Mini-Mental State Examination(MMSE-K), Clinical Dementia Rating(CDR) and Global Deterioration Scale(GDS) were applied to all subjects. Hematological and related blood chemistry values were investigated. Results : We found that patients with AD dementia had significantly lower hemoglobin and hematocrit levels than MCI subjects and healthy control group. The hemoglobin levels showed a positive correlation with MMSE-K and negative correlation with CDR, GDS. Conclusions : Among Korean elderly, low hemoglobin level is associated with a cognitive impairment. This study indicates that AD is associated with anemia, and low hemoglobin levels may contribute to potentially useful clinical markers of AD. The risk factor for dementia needs to be confirmed by prospective longitudinal studies in a larger group of patients.

A Meta-analysis of Effectiveness of Kigong Programs for the Physical Health of the Elderly (노인 신체건강을 위한 기공(氣功)프로그램 효과성 메타분석)

  • Kim, Ilsik;Kim, Gyeryung;Lee, Su-kyung;Seo, Hochan
    • 한국노년학
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    • v.38 no.1
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    • pp.65-82
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    • 2018
  • The purpose of this study is to statistically summarize the effect sizes using meta-analysis of various Kigong programs implemented on the subject of physical health of the elderly. Including 23 academic journal studies and 11 thesis studies reported domestically until 2016, a total of 34 studies were selected and analyzed to verify the effect sizes of programs, program types, measuring variables, and activity elements. The findings are as follows. First, it was found that the programs were midium effective with overall average effect size showing .748(p<.001). A program of Tai-Chi indicated the largest effect size of .836(p<.001). In terms of measuring variables, physical strength showed the largest effect size of .806(p<.001). In terms of gender by group, it was found that groups consisting only of men indicated the largest effect size of 2.388(p<.001). As for effect size by group of disease state, normal group with showed the highest effect size of .804(p<.001). Second, in activity elements, 31~60 by the group size has the largest effect size of .873(p<.001), total number of sessions for 31~40 sessions indicated the largest effect value of .829(p<.001). As for number of sessions per week, 5 sessions showed largest effect value of .918(p<.001), in terms of activity time, 50 minutes showed large effect value of 1.391(p<.001). As summarized above, Kigong programs are midium effective for physical health of the elderly, as an activity elements to consider when configuring the program, for group size 31~60, 31~40 sessions in total, 5 sessions per week and 50 minutes per sessions were recommended.

The Protection System of Cultural Property and the Discourse of Tradition (문화재보호제도와 전통 담론)

  • Jung, Soo-jin
    • Korean Journal of Heritage: History & Science
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    • v.47 no.3
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    • pp.172-187
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    • 2014
  • The purpose of this paper is to examine how the 'tradition' has been identified and used concretely on the protection system of cultural property. Firstly, this paper investigated the historical process and aspects that the 'cultural property' and the 'tradition' combined, each had different meaning at the beginning. And it investigated the linkage of them which effect to the protection system and to each other on the system operated. Then, it pointed out a rift within the discourse of tradition to which the system have held on, and the problems as its result. This paper applied the viewpoint of anti-essentialism that the tradition is presented with hegemonic act to raise the inevitable continuity with the past, instead of the common notion that the tradition is 'everything that is handed down from the past.' Because the cultural property is the product of the state system, to pursne the linkage of it and the tradition is identical to examine how the tradition have been officially defined in the national hegemony. Since the 1920s the tradition has defined as a fixed, essential, pure reality in the changing process of the protection system of cultural property. This essentialist viewpoint about the tradition have been continued as the institutional premise regardless of many critics, raised by studies focusing on the culture and cultural property. But we see now a rift on the discourse of tradition as the intellectual discourse has been supported to the system, that is caused by the fast-changing global economic environment and a rat race around the registration of intangible cultural heritage of UNESCO.

Problems of Applying Information Technologies in Public Governance

  • Goshovska, Valentyna;Danylenko, Lydiia;Hachkov, Andrii;Paladiiichuk, Sergii;Dzeha, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.21 no.8
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    • pp.71-78
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    • 2021
  • The relevance of research provides the necessity to identify the basic problems in the public governance sphere and information technology relations, forasmuch as understanding such interconnections can indicate the consequences of the development and spreading information technologies. The purpose of the research is to outline the issues of applying information technologies in public governance sphere. 500 civil servants took part in the survey (Ukraine). A two-stage study was conducted in order to obtain practical results of the research. The first stage involved collecting and analyzing the responses of civil servants on the Mentimeter online platform. In the second stage, the administrator used the SWOT-analysis system. The tendencies in using information technologies have been determined as follows: the institutional support development; creation of analytical portals for ensuring public control; level of accountability, transparency, activity of civil servants; implementation of e-government projects; changing the philosophy of electronic services development. Considering the threats and risks to the public governance system in the context of applying information technologies, the following aspects generated by societal requirements have been identified, namely: creation of the digital bureaucracy system; preservation of information and digital inequality; insufficient level of knowledge and skills in the field of digital technologies, reducing the publicity of the state and municipal governance system. Weaknesses of modern public governance in the context of IT implementation have been highlighted, namely: "digitization for digitalization"; lack of necessary legal regulation; inefficiency of electronic document management (issues caused by the imperfection of the interface of reporting interactive forms, frequent changes in the composition of indicators in reporting forms, the desire of higher authorities to solve the problem of their introduction); lack of data analysis infrastructure (due to imperfections in the organization of interaction between departments and poor capacity of information resources; lack of analytical databases), lack of necessary digital competencies for civil servants. Based on the results of SWOT-analysis, the strengths have been identified as follows: (possibility of continuous communication; constant self-learning); weaknesses (age restrictions for civil servants; insufficient acquisition of knowledge); threats (system errors in the provision of services through automation); opportunities for the introduction of IT in the public governance system (broad global trends; facilitation of the document management system). The practical significance of the research lies in providing recommendations for eliminating the problems of IT implementation in the public governance sphere outlined by civil servants..