• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.37-73
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• 2020

Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.57 no.4
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• pp.316-333
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• 2021

In order to understand basic data for improving the fishing system and fishing vessel structure in coastal improved stow net fishery, a questionnaire survey and on-site hearing were conducted from May 10 to June 11, 2019 to analyze opinions on the improvement of operation status and fishing vessel structure. The questionnaire survey consisted of ten questions on the operation status of coastal improved stow net fishery and six questions on the improvement of fishing vessel structure, and the results of each question were analyzed by the region, the captain's age, the captain's career and the age of fishing vessel. As a result of analyzing opinions on the operation status of the coastal improved stow net fishery, it was found that the average time required for casting net was 32.8 to 33.0 minutes and that the average time required for hauling net was 41.0 to 42.2 minutes which took 10 to 12 minutes more than for casting net. The most important work requiring improvement during fishing operation (the first priority) were 'hauling net operation,' 'readjustment and storage of fishing gear,' and 'fish handling' and the hardest factor in fishing management were in the order of 'reduction of catch,' 'labor shortage' and 'rising labor costs.' The most institutional improvement that is most needed in coastal improved stow net fishery was an 'using fine mesh nets.' Most of the respondent to the questions on the experience in hiring foreign crews was 'either hiring or willing to hire foreign crews,' and the average number of foreign crews employed was found to be 2.3 to 2.4 persons. The most important reason for hiring (or considering employment) foreign crews was 'high labor costs.' The degree of communication with foreign crews during fishing operation were 'moderate' or 'difficult to direct work.' The most important problem in hiring foreign crews (the first priority) was an 'illegal departure.' As the survey results on the opinion of structural improvement of coastal improved stow net fishing vessel, the degree of satisfaction with fishing vessel structure related to fishing operation was found to be somewhat unsatisfactory, with an average of 3.3 points on a five-point scale. The inconvenient structure of fishing vessel in possession (the first priority), the space needed most for the construction of new fishing vessel (the first priority) and the space considered important for the construction of new fishing vessel (the first prioprity) was a 'fish warehouse.' The most preferred equipment for the construction of new fishing vessel were 'engine operation monitoring' and 'navigation safety devices.' The average size (tonnage class), the average horse power and the average total length of fishing vessel for proper profit and safety fishing operation was between 13.8 and 14.0 tonnes, 808.3 to 819.5 H.P. and 23.4 to 23.5 meters, respectively. The results of the operation status of coastal improved stow net fishery and the requirement for improving the fishing vessel structure are expected to be provided as basic data for reference when we build or improve the fishing vessel.

• Journal of the Korea Organic Resources Recycling Association
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• v.31 no.1
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• pp.69-84
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• 2023

Despite the continuous installation and regular inspection of waste treatment facilities, complaints about excessive incineration and illegal dumping stench continue to occur at on-site treatment facilities. In addition, field surveys were conducted on the waste treatment facilities currently in operation (6 type) to understand the waste treatment process for each field, to grasp the main operating factors applied to the inspection. In addition, we calculated the material·energy balance for each main process and confirmed the proper operation of the waste disposal facility. As a result of the site survey, in the case of heat treatment facilities such as incineration, cement kilns, and incineration heat recovery facilities, the main factors are maintenance of the temperature of the incinerator required for incineration and treatment of the generated air pollutants, and in the case of landfill facilities Retaining wall stability, closed landfill leachate and emission control emerged as major factors. In the case of sterilization and crushing facilities, the most important factor is whether or not sterilization is possible (apobacterium inspection).In the case of food distribution waste treatment facilities, retention time and odor control during fermentation (digestion, decomposed) are major factors. Calculation results of material balance and energy resin for each waste treatment facility In the case of incineration facilities, it was confirmed that the amount of flooring materials generated is about 14 % and the amount of scattering materials is about 3 % of the amount of waste input, and that the facility is being operated properly. In addition, among foodwaste facilities, in the case of an anaerobic digestion facility, the amount of biogas generated relative to the amount of inflow is about 17 %, and the biogas conversion efficiency is about 81 %, in the case of composting facility, about 11 % composting of the inflow waste was produced, and it was comfirmend that all were properly operated. As a result, in order to improve the inspection method for waste treatment facilities, it is necessary not only to accumulate quantitative standards for detailed inspection methods, but also to collect operational data for one year at the time of regular inspections of each facility, Grasping the flow and judging whether or not the treatment facility is properly operated. It is then determined that the operation and management efficiency of the treatment facility will increase.

• Journal of Service Research and Studies
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• v.13 no.1
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• pp.186-200
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• 2023

This study aims to improve the usability of the white cane, which is walking equipment that most local visually impaired people use and carry when going out, and to contribute to the prevention of safety accidents and the walking rights of visually impaired people by providing improvement and resolution measures for the problems identified. Also, this study is a study on the visually impaired, primarily targeting the 1st to 2nd degree visually impaired people, who cannot go out on their own without walking equipment such as a white cane, corresponding to 20% among approximately 250,000 blind and low vision people in the Korean population. In the study process, the concept has been developed from the user's point of view in order that the white cane becomes a real help in the walking step of the visually impaired and the improvement of usability of the white cane, the main walking equipment for the visually impaired, are done by problem identification through the Double Diamond Model of Design Thinking (Empathize → Define → Ideate → Prototype → Test (verify)). As a result of the investigation in the process of Empathy, a total of five issues was synthesized, including an increase in the proportion of the visually impaired people, an insufficient workforce situation to help all the visually impaired, an improvement and advancement of assistive devices essential for the visually impaired, problems of damage, illegal occupation, demolition, maintenance about braille blocks, making braille block paradigms for the visually impaired and for everyone. In Ideate and Prototype steps, situations derived from brainstorming were grouped and the relationship were made through the KJ method, and specific situations and major causes were organized to establish the direction of the concept. The derived solutions and major functions are defined in four categories, and representative situations requiring solutions and major functions are organized into two user scenarios. Ideas were visualized by arranging the virtual Persona and Customer Journey Map according to the situation and producing a prototype through 3D modeling. Finally, in the evaluation, the final concept derived is a device such a smart cane for guidance for the visually impaired as ① a smart cane emphasizing portability + ② compatibility with other electronic devices + ③ a product with safety and convenience.

• Korean Journal of Heritage: History & Science
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• v.57 no.1
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• pp.162-178
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• 2024

Swans are representative migratory birds that spend winter in East Asia, and have long been considered rare birds. In particular, they were regarded as king of Japan. The process of designating a natural monument in Hapcheon Swan Sanctuary is an interesting story. In this study, the designation and release process of Hapcheon Swan Sancturay ((Bakgok-ji, Yongju-myeon 龍州面 朴谷池), (Jeongyang-ji, Daeyang-myeon 大陽面 正陽池), Gaho, Cheongdeok-myeon 淸德面 嘉湖)) Natural Monument, was examined. These places were designated as a natural monument on August 27, 1934, during the Japanese colonial period, and was lifted on August 14, 1973, after the Cultural Protection Act was enacted after liberation. From the beginning of the new year in 1929, the Japanese Government-General of Korea (朝鮮總督府) decided to capture swans alive to give to the king of Japan. An official of the Japanese Government-General of Korea (統監) decided to offer swans to the king during his New Year's greeting visit. The department in charge of capturing swans was the Gyeongsangnam-do Provincial Police Department, and the execution was the police station of each county (郡). The reason is believed to be that it is easy to forcibly mobilize, control, or urge people, and the capture activity had to be completed as soon as possible. A total of three swans were captured in Hapcheon-gun from January 12 to 14, 1929. At that time, various newspapers published related information. Based on these facts and experiences, it is estimated that the Hapcheon area was selected when designating a natural monument in 1934. Hapcheon Swan Sancturay, Natural Monument lost its function due to excessive human interference of various developments, illegal capture, and use of poison to catch swans. Their number has also significantly decreased. It was thus removed from the natural monument in 1973. One of the three swan sanctuaries (Gaho 嘉湖) has been completely reclaimed, one (Bakgok-ji 朴谷池) has almost no migratory birds due to the conversion of wetlands, and one (Jeongyang-ji 正陽池) has swans flying back. In the case of Jeongyangji (正陽池), It is an encouraging sign that many swans fly as the surrounding environment and growing conditions change. This phenomenon is interpreted to mean that nature and climate are recovering and healing.

• The Journal of the Convergence on Culture Technology
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• v.10 no.4
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• pp.175-181
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• 2024

The U.N. Security Council's North Korea Sanctions Committee estimated that the amount of North Korea's cyberattacks on virtual asset-related companies from 2017 to 2023 was about 4 trillion won. North Korea's cyberattacks have secured funds through cryptocurrency hacking as it has been restricted from securing foreign currency due to economic sanctions by the international community, and it also shows the form of technology theft against defense companies, and illegal assets are being used to maintain the Kim Jong-un regime and develop nuclear and missile development. When North Korea conducted its sixth nuclear test on September 3, 2017, and declared the completion of its national nuclear armament following the launch of an intercontinental ballistic missile on November 29 of the same year, the U.N. imposed sanctions on North Korea, which are considered the strongest economic sanctions in history. In these difficult economic situations, North Korea tried to overcome the crisis through cyberattacks, but as a result of analyzing the changes through the North's cyber attack cases, the strategic goal from the first period from 2009 to 2016 was to verify and show off North Korea's cyber capabilities through the neutralization of the national network and the takeover of information, and was seen as an intention to create social chaos in South Korea. When foreign currency earnings were limited due to sanctions against North Korea in 2016, the second stage seized virtual currency and secured funds to maintain the Kim Jong-un regime and advance nuclear and missile development. The third stage is a technology hacking of domestic and foreign defense companies, focusing on taking over key technologies to achieve the five strategic weapons tasks proposed by Chairman Kim Jong-un at the 8th Party Congress in 2021. At the national level, security measures for private companies as well as state agencies should be established against North Korea's cyberattacks, and measures for legal systems, technical problems, and budgets related to science are urgently needed. It is also necessary to establish a system and manpower to respond to the ever-developing cyberattacks by focusing on cultivating and securing professional manpower such as white hackers.

• 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 the Korean Institute of Traditional Landscape Architecture
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• v.32 no.1
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• pp.93-106
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• 2014

In this study, Analyze environment of location, investigation into vegetation resources, survey management status and establish to classify the management area for Natural monument No.374 Pyengdae-ri Torreya nucifera forest. The results were as follows: First, Torreya nucifera forest is concerned about influence of development caused by utilization of land changes to agricultural region. Thus, establish to preservation management plan for preservation of prototypical and should be excluded development activity to cause the change of terrain that Gotjawal in the Torreya nucifera forest is factor of base for generating species diversity. Secondly, Torreya nucifera forest summarized as 402 taxa composed 91 familly 263 genus, 353 species, 41 varieties and 8 forms. The distribution of plants for the first grade & second grade appear of endangered plant to Ministry of Environment specify. But, critically endangered in forest by changes in habitat, diseases and illegal overcatching. Therefore, when establishing forest management plan should be considered for put priority on protection. Thirdly, Torreya nucifera representing the upper layer of the vegetation structure. But, old tree oriented management and conservation strategy result in poor age structure. Furthermore, desiccation of forest on artificial management and decline in Torreya nucifera habitat on ecological succession can indicate a problem in forest. Therefore, establish plan such as regulation of population density and sapling tree proliferation for sustainable characteristics of the Torreya nucifera forest. Fourth, Appear to damaged of trails caused by use. Especially, Scoria way occurs a lot of damaged and higher than the share ratio of each section. Therefore, share ratio reduction Plan should be considered through the additional development of tourism routes rather than the replacement of Scoria. Fifth, Representing high preference of the Torreya nucifera forest tourist factor confirmed the plant elements. It is sensitive to usage pressure. And requires continuous monitoring by characteristic of Non-permanent. In addition, need an additional plan such as additional development of tourism elements and active utilizing an element of high preference. Sixth, Strength of protected should be differently accordance with importance. First grade area have to maintenance of plant population and natural habitats. Set the direction of the management. Second grade areas focus on annual regeneration of the forest. Third grade area should be utilized demonstration forest or set to the area for proliferate sapling. Fourth grade areas require the introduced of partial rest system that disturbance are often found in proper vegetation. Fifth grade area appropriate to the service area for promoting tourism by utilizing natural resources in Torreya nucifera forest. Furthermore, installation of a buffer zone in relatively low ratings area and periodic monitoring to the improvement of edge effect that adjacent areas of different class.

• Journal of Korean Society of Archives and Records Management
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• v.1 no.1
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• pp.19-35
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• 2001

After almost one century of discontinuity in the archival tradition of Chosun dynasty, Korea entered the new age of records and archival management by legislating and executing the basic laws (The Records and Archives Management of Public Agencies Ad of 1999). Annals of Chosun dynasty recorded major historical facts of the five hundred years of national affairs. The Annals are major accomplishment in human history and rare in the world. It was possible because the Annals were composed of collected, selected and complied records of primary sources written and compiled by generations of historians, As important public records are needed to be preserved in original forms in modern archives, we had to develop and establish a modern archival system to appraise and select important national records for archival preservation. However, the colonialization of Korea deprived us of the opportunity to do the task, and our fine archival tradition was not succeeded. A centralized archival system began to develop since the establishment of GARS under the Ministry of Government Administration in 1969. GARS built a modem repository in Pusan in 1984 succeeding to the tradition of History Archives of Chosun dynasty. In 1998, GARS moved its headquarter to Taejon Government Complex and acquired state-of-the-art audio visual archives preservation facilities. From 1996, GARS introduced an automated archival management system to remedy the manual registration and management system complementing the preservation microfilming. Digitization of the holdings was the key project to provided the digital images of archives to users. To do this, the GARS purchased new computer/server systems and developed application softwares. Parallel to this direction, GARS drastically renovated its manpower composition toward a high level of professionalization by recruiting more archivists with historical and library science backgrounds. Conservators and computer system operators were also recruited. The new archival laws has been in effect from January 1, 2000. The new laws made following new changes in the field of records and archival administration in Korea. First, the laws regulate the records and archives of all public agencies including the Legislature, the Judiciary, the Administration, the constitutional institutions, Army, Navy, Air Force, and National Intelligence Service. A nation-wide unified records and archives management system became available. Second, public archives and records centers are to be established according to the level of the agency; a central archives at national level, special archives for the National Assembly and the Judiciary, local government archives for metropolitan cities and provinces, records center or special records center for administrative agencies. A records manager will be responsible for the records management of each administrative divisions. Third, the records in the public agencies are registered in the computer system as they are produced. Therefore, the records are traceable and will be searched or retrieved easily through internet or computer network. Fourth, qualified records managers and archivists who are professionally trained in the field of records management and archival science will be assigned mandatorily to guarantee the professional management of records and archives. Fifth, the illegal treatment of public records and archives constitutes a punishable crime. In the future, the public records find archival management will develop along with Korean government's 'Electronic Government Project.' Following changes are in prospect. First, public agencies will digitize paper records, audio-visual records, and publications as well as electronic documents, thus promoting administrative efficiency and productivity. Second, the National Assembly already established its Special Archives. The judiciary and the National Intelligence Service will follow it. More archives will be established at city and provincial levels. Third, the more our society develop into a knowledge-based information society, the more the records management function will become one of the important national government functions. As more universities, academic associations, and civil societies participate in promoting archival awareness and in establishing archival science, and more people realize the importance of the records and archives management up to the level of national public campaign, the records and archival management in Korea will develop significantly distinguishable from present practice.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.67-92
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• 2008

The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.