• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.31-66
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• 2008

Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

• Journal of the Korean Society of Food Science and Nutrition
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• v.34 no.2
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• pp.202-208
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• 2005

This study was conducted to examine the food habits, knowledge of nutrition and actual conditions of food ingestion of adolescent middle school students according to questionnaire answers. Questionnaires were completed by 524 students, divided into a healthy group (n=289) and an unhealthy group (n=235) according to clinical signs. Further questions were asked of the two groups in the areas of food habits, knowledge of nutrition and nutritional attitude. The results were as follows: Mean age of all subjects was 14, heights for male and female students were 162.0 em, and 157.2 cm, weights were 53.4 kg, and 49.4, respectively. Heights and weights of male students were greater than those of female students. The body mass index (BMI) for male and female students was 20.3 kg/$m^2$ and 20.0 kg/$m^2$, respectively, and all data were within normal ranges. There were no significant differences in mean age, height, weight, and BMI between the healthy and unhealthy groups. There was no significant difference in body image recognition between the two groups, although the ratio of dissatisfaction with their own body shape was significantly higher in the female unhealthy group (46.1%), than in the female healthy group (33.0%) (p<0.05). In the area of the struggle to control body weight during the previous year, the female unhealthy group (59.4%) was higher than the female healthy group (38.4%) (p<0.01). There was no significant difference in the scores between the two groups in the areas of knowledge of nutrition and the nutritional attitude. Meal frequency and meal patterns were showed that having breakfast less than 4x/week was significantly higher in the female unhealthy group (44.0%), than in the female healthy group (30.7%) (p<0.01). Meal frequency for suppers<4x/week showed that the female unhealthy group (18.8%) was also higher than the female healthy group (10.7%). Therefore, the unhealthy group exhibited a higher pattern of missing both breakfast and supper. The male unhealthy group (16.7%) dined out more frequently than the male healthy group (12.3%) (p<0.01), and female unhealthy group also indulged in snacking significantly more frequently than the female healthy group. The unhealthy group also ate only 1 item for meals more frequently than the healthy group and no significant difference. The conclusion of this study is that adolescent Korean middle school students, who showed a higher incidence of clinical symptoms, representing an unhealthy status, missed breakfast and supper, and dined out and indulged in snacking more frequently. Their quality of breakfast and satisfaction of body image were also lower than the healthy group. These results indicated that there is a high correlation between a Korean adolescent's health status, food habits and body image satisfaction. It is recommended that a more intense program of nutritional education and monitoring be introduce into the current Korean middle-school system in order to optimally support and maximize the health potential of the current population of Korean student.

• Korean Journal of Agricultural and Forest Meteorology
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• v.8 no.1
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• pp.1-9
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• 2006

Regardless of the recent observed warmer winters in Korea, more freeze injuries and associated economic losses are reported in fruit industry than ever before. Existing freeze-frost forecasting systems employ only daily minimum temperature for judging the potential damage on dormant flowering buds but cannot accommodate potential biological responses such as short-term acclimation of plants to severe weather episodes as well as annual variation in climate. We introduce 'dormancy depth', in addition to daily minimum temperature, as a complementary criterion for judging the potential damage of freezing temperatures on dormant flowering buds of grape vines. Dormancy depth can be estimated by a phonology model driven by daily maximum and minimum temperature and is expected to make a reasonable proxy for physiological tolerance of buds to low temperature. Dormancy depth at a selected site was estimated for a climatological normal year by this model, and we found a close similarity in time course change pattern between the estimated dormancy depth and the known cold tolerance of fruit trees. Inter-annual and spatial variation in dormancy depth were identified by this method, showing the feasibility of using dormancy depth as a proxy indicator for tolerance to low temperature during the winter season. The model was applied to 10 vineyards which were recently damaged by a cold spell, and a temperature-dormancy depth-freeze injury relationship was formulated into an exponential-saturation model which can be used for judging freeze risk under a given set of temperature and dormancy depth. Based on this model and the expected lowest temperature with a 10-year recurrence interval, a freeze risk probability map was produced for Hwaseong County, Korea. The results seemed to explain why the vineyards in the warmer part of Hwaseong County have been hit by more freeBe damage than those in the cooler part of the county. A dormancy depth-minimum temperature dual engine freeze warning system was designed for vineyards in major production counties in Korea by combining the site-specific dormancy depth and minimum temperature forecasts with the freeze risk model. In this system, daily accumulation of thermal time since last fall leads to the dormancy state (depth) for today. The regional minimum temperature forecast for tomorrow by the Korea Meteorological Administration is converted to the site specific forecast at a 30m resolution. These data are input to the freeze risk model and the percent damage probability is calculated for each grid cell and mapped for the entire county. Similar approaches may be used to develop freeze warning systems for other deciduous fruit trees.

• Journal of Intelligence and Information Systems
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• v.27 no.3
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• pp.231-252
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• 2021

Artificial intelligence (AI) is a key technology that will change the future the most. It affects the industry as a whole and daily life in various ways. As data availability increases, artificial intelligence finds an optimal solution and infers/predicts through self-learning. Research and investment related to automation that discovers and solves problems on its own are ongoing continuously. Automation of artificial intelligence has benefits such as cost reduction, minimization of human intervention and the difference of human capability. However, there are side effects, such as limiting the artificial intelligence's autonomy and erroneous results due to algorithmic bias. In the labor market, it raises the fear of job replacement. Prior studies on the utilization of artificial intelligence have shown that individuals do not necessarily use the information (or advice) it provides. Algorithm error is more sensitive than human error; so, people avoid algorithms after seeing errors, which is called "algorithm aversion." Recently, artificial intelligence has begun to be understood from the perspective of the augmentation of human intelligence. We have started to be interested in Human-AI collaboration rather than AI alone without human. A study of 1500 companies in various industries found that human-AI collaboration outperformed AI alone. In the medicine area, pathologist-deep learning collaboration dropped the pathologist cancer diagnosis error rate by 85%. Leading AI companies, such as IBM and Microsoft, are starting to adopt the direction of AI as augmented intelligence. Human-AI collaboration is emphasized in the decision-making process, because artificial intelligence is superior in analysis ability based on information. Intuition is a unique human capability so that human-AI collaboration can make optimal decisions. In an environment where change is getting faster and uncertainty increases, the need for artificial intelligence in decision-making will increase. In addition, active discussions are expected on approaches that utilize artificial intelligence for rational decision-making. This study investigates the impact of artificial intelligence on decision-making focuses on human-AI collaboration and the interaction between the decision maker personal traits and advisor type. The advisors were classified into three types: human, artificial intelligence, and human-AI collaboration. We investigated perceived usefulness of advice and the utilization of advice in decision making and whether the decision-maker's personal traits are influencing factors. Three hundred and eleven adult male and female experimenters conducted a task that predicts the age of faces in photos and the results showed that the advisor type does not directly affect the utilization of advice. The decision-maker utilizes it only when they believed advice can improve prediction performance. In the case of human-AI collaboration, decision-makers higher evaluated the perceived usefulness of advice, regardless of the decision maker's personal traits and the advice was more actively utilized. If the type of advisor was artificial intelligence alone, decision-makers who scored high in conscientiousness, high in extroversion, or low in neuroticism, high evaluated the perceived usefulness of the advice so they utilized advice actively. This study has academic significance in that it focuses on human-AI collaboration that the recent growing interest in artificial intelligence roles. It has expanded the relevant research area by considering the role of artificial intelligence as an advisor of decision-making and judgment research, and in aspects of practical significance, suggested views that companies should consider in order to enhance AI capability. To improve the effectiveness of AI-based systems, companies not only must introduce high-performance systems, but also need employees who properly understand digital information presented by AI, and can add non-digital information to make decisions. Moreover, to increase utilization in AI-based systems, task-oriented competencies, such as analytical skills and information technology capabilities, are important. in addition, it is expected that greater performance will be achieved if employee's personal traits are considered.

• Journal of the Daesoon Academy of Sciences
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• v.39
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• pp.33-67
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• 2021

This paper aims at revealing the core concept of Injon (Human Nobility). The concept of Injon is one of the salient fundamental ideas which makes Daesoon Jinrihoe recognizable as Daesoon Jinrihoe. The concept of Injon has the basic meaning of 'human nobility,' but within the context wherein the nobility of humankind is considered to be greater than the nobility of Heaven and Earth. Although the religious and ideological interpretations of Injon (human nobility) that have developed over time have been quite diverse and abundant, these interpretations are all limited in that they generally assume the relationship between 'Heaven and Earth' and 'Humanity' to be antagonistic. However, if human nobility is relativized in that manner, it can reduce the potential broader meanings of mutual beneficence and the earthly paradise of the later world. These interpretations are grounded in the view of semiotic interpretation. Such interpretations have composed their view point via the semiotic meaning of the words. The semiotic point of view suggests that meanings of words consist in the relation of the word and the object to which it denotes. We will introduce a new view point which can be termed the transcendental view point. This view focuses on how the exact interpretation of words and sentences depends on the comprehension of the triad of systematic relations among the word, object, and speaker. In the Daesoon Thought, the Former World is considered to be the world wherein all creations unfolded according to the principle of mutual contention. This led to the accumulation of grievances and grudges which condensed and filled the Three Realms of Heaven, Earth, and Humanity. The Former World was dominated by Western material civilization, selfishness, and exclusivism. It was also a world where humans suffered from various natural disasters such as floods, droughts, plagues, and wildfires. The Former World lost the constant Dao and was overwhelmed with all kinds of disasters and calamities. That world fell into various kinds of wretchedness. The causes which made the Former World so cruel came from humans misunderstanding their relation to nature and life in general; including human life. The anthropocentric modern cosmology insisted that the human race was the only one to have the powers and rights to exercise dominion over nature. On the other hand, there is the Later World, which means the ideal and perfect, immanent eternal world for all humankind in Daesoon Thought. This world consists of life, peace, and equality and is also characterized by three typical attributes: goodness, peace, and all kinds of life. All living beings previously struggled for survival, but in the Later World, those lifeforms will embrace each other; even across different realms. In Daesoon Thought, the world and cosmos contain diverse forms of life, and human have both an earthly life and life in the after world should they die before the Later World. There are also the lives of divine beings and animals, and other such living entities. Daesoon Thought subsumes pan-vitalism, which allows they acknowledgement of myriad possible lifeforms. The concept of the Later World in Daesoon Thought, which mainly revealed in The Canonical Scripture and the words of Sangje (Kang Jeungsan), suggests that all kinds of life, including humans, animals, and even spirits in the afterworld, can live together in a perfect coming earthly paradise which is immanent. The concept of Injon can be interpreted though the view of transcendental pragmatics as an alternative to the typical views discussed in Daesoon Thought. Thinkers should attempt to improve current discourse on Injon in Daesoon Thought by focusing on the point that all kinds the original teachings demonstrate a value of all lifeforms. Therein, Injon would indicate not only the human nobility and dignity but also the nobility and dignity of divine beings, divine humans, and all other forms of life that have existed across time. The dimension of time allows for recognition of lifeforms from the Former World, the afterworld, and the Later World. This revised appraisal of Injon could further accommodate denizens of the afterworld, animals, ghosts and spirits, the earth and cloud souls of humans, and other lifeforms held to exist in the cosmology of Daesoon Thought.

• Asia Marketing Journal
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• v.14 no.2
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• pp.97-125
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• 2012

Companies recently introduce art collaborated products incorporating culture into a product. Art collaborated products include incorporating famous movies and/or design of an artist into a newly launched product. The introduction of art collaborated products are gradually increasing. However, research for this trend is relatively scarce. Although research concerning design has discussed a number of different factors as playing a role in influencing responses to design including culture, fashion, innate preferences, etc.), only limited attention has been paid to the processes by which consumers generate responses to product designs. People with different characteristics may respond differently. When people encounter these art products, they may become curious, may think that these products are unique, novel and innovative. People tend to show different levels of curiosity when they encounter new and novel objects, which they have rarely seen or experienced. Curiosity is defined as a desire for acquiring new knowledge and new sensory experience. Previous studies demonstrated that curiosity motivates individuals to engage in exploratory behaviors. People also show different levels of need for uniqueness, which is defined as being different from others or becoming distinctive among a larger group. Individual's need for uniqueness results from signals conveyed by the material objects that individuals choose to display. Recently, researcher have developed the need for uniqueness with three distinct constructs. These three concepts include creative choice, unpopular choice, and avoidance of similarity. Creative choice is a trait tendency of an individual by expressing or differentiating himself from others through consumptions of unique products. Unpopular choice is related to an individual's tendency to consume products, which deviates from group norms. Avoidance of similarity is linked to the avoidance of consumption behavior of products that are not famous. Past research implies that people with different levels of need for uniqueness show different motivational processes. Previous research also demonstrates that different customer emotions may be derived when consumers are exposed to these art collaborated products. Research tradition has been investigated three different emotional responses such as pleasure, arousal, and dominance. Pleasure is defined as the degree to which a person feels good, joyful, happy, or satisfied in a situation. Arousal is defined as the extent to which a person feels stimulated, active, or excited. Dominance is defined as the extent that a person feels powerful vis-a-vis the environment that surrounds him/her. Previous research show that complex, speedy, and surprising stimuli may excite consumers and thus make them more pleased and engaged in their approach behavior. However, the current study identified these emotional responses as positive emotion, negative emotion, and arousal. These derived emotions may lead consumers to approach and/or avoidance behaviors. In addition, males and females tend to respond differently when they are exposed to art collaboration products. Building on this research tradition, the current study aims to investigate the inter-relationships between individual traits such as curiosity and need for uniqueness and individual's emotional responses including positive and negative emotion and arousal when people encounter various art collaborated products. Emotional responses are proposed to influence purchase intention. Additionally, previous studies show that male and females respond differently to similar stimuli. Accordingly, gender difference are proposed to moderate the links between individual traits and emotional responses. These research aims of the current study may contribute to extending our knowledge in terms of (1) which individual characteristics are related to different emotions, and (2) how these different emotional responses inter-connected to future purchase intention of arts collaborated products. In addition, (3) the different responses to these arts collaborated products by males and females will guide managers how to concoct different strategies to these segments. The questionnaire for the present study was adopted from the previous literature and validated with a pilot test. The survey was conducted in Daegu, a third largest city in South Korea, for three weeks during June and July 2011. Most respondents were in their twenties and thirties. 350 questionnaires were distributed and among them 300 were proved to be valid (valid response rate of 85.7%). Survey questionnaires from valid 300 respondents are used to test hypotheses proposed. The structural equation model (SEM) was used to validate the research model. The measurement and structural model was tested using LISREL 8.7. The measurement model test demonstrated that consistency, convergent validity, and discriminat validity of the measurement items were acceptable. The results from the structural model demonstrate that curiosity has a positive impact on positive emotion, but not on negative emotion and arousal. Need for uniqueness has three different sub-concepts such as creative choice, unpopular choice, and avoidance of similarity. The results show that creative choice has a positive effect on arousal and positive emotion, but has a negative impact on negative emotion. Unpopular choice has a positive effect on arousal, but on neither positive nor negative emotions. Avoidance of similarity has no impact on neither emotions nor arousal. The results also demonstrated that gender has a moderating influence. Males show more negative emotion to creative and unpopular choices. Implications and future research directions are discussed in conclusion.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.18 no.4
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• pp.207-222
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• 2023

In order to improve employment rates, most universities operate programs to strengthen students' employment and entrepreneurship, regardless of whether they are selected as the Leading Industry-Innovative University (LINC) or not. In particular, in the case of non-metropolitan universities are risking their lives to improve employment rates. In order to overcome the limitations of university establishment type and university location, which absolutely affect the employment rate, we are operating a startup education & startup support program in order to strengthen employment and entrepreneurship, and capstone design & field training as industry-academia-linked education programs are always available. Although there are studies on effectiveness verification centered on LINC (Leaders in Industry-University Cooperation) in previous studies, but a longitudinal study was conducted on all factors of university factors, startup education & startup support, and capstone design & field training as industry-university-linked education programs as factors affecting the employment rate based on public disclosure indicators. No cases of longitudinal studies were reported. This study targets 116 universities that satisfy the conditions based on university disclosure indicators from 2018 to 2020 that were recently released on university factors, startup education & startup support, and capstone design & field training as industry-academia-linked education programs as factors affecting the employment rate. We analyzed the differences between the LINC (Leaders in Industry-University Cooperation) 51 participating universities and 64 non-participating universities. In addition, considering that there is no historical information on the overlapping participation of participating students due to the limitations of public indicators, the Exposure Effect theory states that long-term exposure to employment and entrepreneurship competency enhancement programs will affect the employment rate through competency enhancement. Based on this, the effectiveness of the 2nd LINC+ (socially customized Leaders in Industry-University Cooperation) was verified from 2017 to 2021 through a longitudinal causal relationship analysis. As a result of the study, it was found that the startup education & startup support and capstone design & field training as industry-academia-linked education programs of the 2nd LINC+ (socially customized Leaders in Industry-University Cooperation) did not affect the employment rate. As a result of the longitudinal causal relationship analysis, it was reconfirmed that universities in metropolitan areas still have higher employment rates than universities in non-metropolitan areas due to existing university factors, and that private universities have higher employment rates than national universities. Among employment and entrepreneurship competency strengthening programs, the number of people who complete entrepreneurship courses, the number of people who complete capstone design, the amount of capstone design payment, and the number of dedicated faculty members partially affect the employment rate by year, while field training has no effect at all by year. It was confirmed that long-term exposure to the entrepreneurship capacity building program did not affect the employment rate. Therefore, it was reconfirmed that in order to improve the employment rate of universities, the limitations of non-metropolitan areas and national and public universities must be overcome. To overcome this, as a program to strengthen employment and entrepreneurship capabilities, it is important to strengthen entrepreneurship through participation in entrepreneurship lectures and actively introduce and be confident in the capstone design program that strengthens the concept of PBL (Problem Based Learning), and the field training program improves the employment rate. In order for actually field training affect of the employment rate, it is necessary to proceed with a substantial program through reorganization of the overall academic system and organization.

• Sim-seong Yeon-gu
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• v.32 no.1
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• pp.1-16
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• 2017

The purpose of this paper is to illustrate the nature of Objective Psyche based on island related case materials. Theoretical background starts with psychological meaning of islands, a kind affective symbol rather than cognitive image, and creation myths as the story of man's awareness of the world; Chaos as archaic identity (unconscious), islands as emergence of the ego from unconscious. In alchemical symbolism, island related to coagulatio, the operation which turns something into earth, the realm of ego. In addition, related parts of Hindu creation myths, Korean giant woman creator Sulmoonde-halmang, and legends of "Relocation of Island/Mountain" will be presented to integrate with case materials. Case A : Starts with a dream of killing a huge dragon and dead body became an island. The dragon in the water was seen as Spirit of Mercurius, the autonomous spirit, connecting of the ego with the Self. The act of killing related to Primeval being which needs to be killed to be transformed. Myths of Eskimo, The Eagle's Gift, the giant woman creator in Korea, and Marduk, the Babylonian hero will be integrated. Case B : Prior to introduce six island images in sand trays, a dream of a giant serpent (python) wound around her body will be presented to portray her situation. By relating Jung's "The Sermons to the Dead," her effort to make the solid island regarded as an act of bringing order out of original oneness (pleroma). Then stresses the importance to coagulate archetypal image Case C : A vignette of active imagination seminar where island image emerged will be described. Her endeavor of focusing on inner image related to the Hindu Creator, Cherokee creation myth, as well as Sulmoonde-halmang. As a motif of growing island, Samoan creation myth, and Legend of Mountain, Mai were incorporated. Colors in her art work regarded as expression of inner need, and importance of expressing inner feeling images as a mean to coagulate volatile emotional and spiritual content. Case D : A dream and art work of terminally ill woman; embracing the tip of the island with gushing up water will be presented. Her island and replenishing water image regard as "an immortal body," corresponds to the Philosophers' Stone for she accepted her death peacefully after the dream. Also related to "The Mercurial Fountain" in Rosarium Philosophorum, and aqua permanence, an allegory of God.

• Journal of Distribution Research
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• v.17 no.5
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• pp.1-23
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• 2012

The conflict between major corporations and small and medium-sized businesses is being aggravated, the trickle down effect is not working properly, and, as the controversy surrounding the effectiveness of the business limiting system continues to swirl, the plan proposed to protect the business domain of small and medium-sized businesses, resolve polarization between these businesses and large corporations, and protect small family run stores is the suitable business type designation system for small and medium-sized businesses. The current status of carrying out this system of selecting suitable business types among small and medium-sized businesses involves receiving applications for 234 items among the suitable business types and items from small and medium-sized businesses in manufacturing, and then selecting the items of the consultative group by analyzing and investigating the actual conditions. Suitable business type designation in the service industry will involve designation with priority on business types that are experiencing social conflict. Three major classifications of the service industry, related to the livelihood of small and medium-sized businesses, will be first designated, and subsequently this will be expanded sequentially. However, there is the concern that when designated as a suitable business type or item, this will hinder the growth motive for small to medium-sized businesses, and designation all cause decrease in consumer welfare. Also it is highly likely that it will operate as a prior regulation, cause side-effects by limiting competition systematically, and also be in violation against the main regulations of the FTA system. Moreover, it is pointed out that the system does not sufficiently reflect reverse discrimination factor against large corporations. Because conflict between small to medium sized businesses and large corporations results from the expansion of corporations to the service industry, which is unrelated to their key industry, it is necessary to introduce an advanced contract method like a master franchise or local franchise system and to develop local small to medium sized businesses through a franchise system to protect these businesses and dealers. However, this method may have an effect that contributes to stronger competitiveness of small to medium sized franchise businesses by advancing their competitiveness and operational methods a step further, but also has many negative aspects. First, as revealed by the Ministry of Knowledge Economy, the franchise industry is contributing to the strengthening of competitiveness through the economy of scale by organizing existing individual proprietors and increasing the success rate of new businesses. It is also revealed to be a response measure by the government to stabilize the economy of ordinary people and is emphasized as a 'useful way' to revitalize the service industry and improve the competitiveness of individual proprietors, and has been involved in contributions to creating jobs and expanding the domestic market by providing various services to consumers. From this viewpoint, franchises fit the purpose of the suitable business type system and is not something that is against it. Second, designation as a suitable business type may decrease investment for overseas expansion, R&D, and food safety, as well negatively affect the expansion of overseas corporations that have entered the domestic market, due to the contraction and low morale of large domestic franchise corporations that have competitiveness internationally. Also because domestic franchise businesses are hard pressed to secure competitiveness with multinational overseas franchise corporations that are operating in Korea, the system may cause difficulty for domestic franchise businesses in securing international competitiveness and also may result in reverse discrimination against these overseas franchise corporations. Third, the designation of suitable business type and item can limit the opportunity of selection for consumers who have up to now used those products and can cause a negative effect that reduces consumer welfare. Also, because there is the possibility that the range of consumer selection may be reduced when a few small to medium size businesses monopolize the market, by causing reverse discrimination between these businesses, the role of determining the utility of products must be left ot the consumer not the government. Lastly, it is desirable that this is carried out with the supplementation of deficient parts in the future, because fair trade is already secured with the enforcement of the franchise trade law and the best trade standard of the Fair Trade Commission. Overlapping regulations by the suitable business type designation is an excessive restriction in the franchise industry. Now, it is necessary to establish in the domestic franchise industry an environment where a global franchise corporation, which spreads Korean culture around the world, is capable of growing, and the active support by the government is needed. Therefore, systems that do not consider the process or background of the growth of franchise businesses and harm these businesses for the sole reason of them being large corporations must be removed. The inhibition of growth to franchise enterprises may decrease the sales of franchise stores, in some cases even bankrupt them, as well as cause other problems. Therefore the suitable business type system should not hinder large corporations, and as both small dealers and small to medium size businesses both aim at improving competitiveness and combined growth, large corporations, small dealers and small to medium sized businesses, based on their mutual cooperation, should not include franchise corporations that continue business relations with them in this system.

• The Korean Journal of Air & Space Law and Policy
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• v.9
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• pp.85-143
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• 1997

The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.