• Title/Summary/Keyword: national acceptance

Search Result 1,286, Processing Time 0.025 seconds

Changes in the Religious Topography of the Great Gwanghaegun: Policies towards Buddhism and the Affected Buddhist Community (광해군 대(代)의 종교지형 변동 - 불교정책과 불교계의 양상을 중심으로 -)

  • Lee, Jong-woo
    • Journal of the Daesoon Academy of Sciences
    • /
    • v.36
    • /
    • pp.227-266
    • /
    • 2020
  • The purpose of this paper is to review the representative Buddhist policies enforced during the reign of Gwanghaegun (光海君), the 15th king of the Joseon Dynasty, and the aspects of the Buddhist community affected by them. Through this, the influence and dynamism of Buddhism during the reign of Gwanghaegun will be revealed. Some of the findings will run contrary to what is popularly known about Joseon Buddhism and the policy of Sungyueokbul (崇儒抑佛), 'Revering Confucianism and Supressing Buddhism.' During the Joseon Dynasty, Neo-Confucianism was taken as an ideological background, and consequently, Buddhism was ostracized by the ruling class who advocated the exclusion of heretical views. This also characterized King Gwanghaegun's reign during the Mid-Joseon Dynasty. In reality though, the ruling class held mixed opinions about Buddhism, and this influenced the Buddhist community in the Gwanghaegun Period. The military might of Japan demonstrated during the Japanese Invasion of Korea in 1592, led the ruling class to recognize Buddhism, and as a result, the status of Buddhism rose to a certain extent. Based on its elevated status and the aftermath of the Japanese Invasion of Korea, the Buddhist community engaged in social welfare activities inspired by the notion of requiting favors, and the Buddhist community gained recognition for providing relief services. As a result, the number of monks increased, and the economic situation improved as land ownership was granted to temples and monks. This is the means by which the Japanese Invasion of Korea influenced the Buddhist policies of the Gwanghaegun Period and changed the religious topography of Buddhism. During the reign of King Gwanghaegun, the ruling class regarded Buddhism as heretical, but offered posthumous titles to monks who engaged in meritorious services during the Japanese invasions of 1592~1598. Favorable and/or preferential treatment was also granted to some Buddhist monks. In addition, monks began to perform labor projects that demanded organizational and physical strength, such as those which related to national defense and architecture. However, throughout the Gwanghaegun Period, the monks were paid a certain amount of compensation for their labor, and the monks' responsibility for labor increased. This can be understood as a partial reconciliation with Buddhism or an acceptance of Buddhism rather than the suppression of Buddhism often presented by historians. As for policies which affected Buddhism, the Buddhist community showed signs of cooperation with the ruling class, the creation and reconstruction of temples, and the production of Buddhist art. Through close ties with the ruling class, Buddhism during the Gwanghaegun Period saw the Buddhist community actively responded policies that impacted Buddhism, and this allowed their religious orders to be maintained. In this way, it was also confirmed that the monk, Buhyu Seonsu (浮休 善修) and his disciple Byeogam Gakseong (碧巖 覺性), took up leadership roles in their Buddhist community. The Buddhist-aimed policies of Gwanghaegun were implemented against the backdrop of the Buddhist community, wherein the ruling class held mixed opinions regarding Buddhism. As such, both improvements and set backs for Buddhism could be observed during that time period. The ruling class actively utilized the organizational power of Buddhism for national defense and civil engineering after the Japanese invasions of 1592~1598. Out of gratitude, they implemented appropriate compensation for the Buddhists involved. The Buddhist community also responded to policies that affected them through exchanges with the ruling class. They succeeded in securing funds and support to repair and produce Buddhist temples and artworks. A thoughtful inspection of the policies towards and responses to Buddhism during the Gwanghaegun Period, shows that Buddhism actually enjoyed considerable organizational power and influence. This flies in the face of the general description of Joseon Buddhism as "Sungyueokbul (revering Confucianism and supressing Buddhism)."

The Factors Affecting Attitudes Toward HSDPA Service and Intention to Use: A Cross-Cultural Comparison between Asia and Europe (대영향(对影响)HSDPA복무적태도화사용의도적인소적연구(服务的态度和使用意图的因素的研究): 재아주화구주지간적(在亚洲和欧洲之间的)-개과문화비교(个跨文化比较))

  • Jung, Hae-Sung;Shin, Jong-Kuk;Park, Min-Sook;Jung, Hong-Seob;Hooley, Graham;Lee, Nick;Kwak, Hyok-Jin;Kim, Sung-Hyun
    • Journal of Global Scholars of Marketing Science
    • /
    • v.19 no.4
    • /
    • pp.11-23
    • /
    • 2009
  • HSDPA (High-Speed Downlink Packet Access) is a 3.5-generation asynchronous mobile communications service based on the third generation of W-CDMA. In Korea, it is mainly provided in through videophone service. Because of the diffusion of more powerful and diversified services, along with steep advances in mobile communications technology, consumers demand a wide range of choices. However, because of the variety of technologies, which tend to overflow the market regardless of consumer preferences, consumers feel increasingly confused. Therefore, we should not adopt strategies that focus only on developing new technology on the assumption that new technologies are next-generation projects. Instead, we should understand the process by which consumers accept new forms of technology and devise schemes to lower market entry barriers through strategies that enable developers to understand and provide what consumers really want. In the Technology Acceptance Model (TAM), perceived usefulness and perceived ease of use are suggested as the most important factors affecting the attitudes of people adopting new technologies (Davis, 1989; Taylor and Todd, 1995; Venkatesh, 2000; Lee et al., 2004). Perceived usefulness is the degree to which a person believes that a particular technology will enhance his or her job performance. Perceived ease of use is the degree of subjective belief that using a particular technology will require little physical and mental effort (Davis, 1989; Morris and Dillon, 1997; Venkatesh, 2000). Perceived pleasure and perceived usefulness have been shown to clearly affect attitudes toward accepting technology (Davis et al., 1992). For example, pleasure in online shopping has been shown to positively impact consumers' attitudes toward online sellers (Eighmey and McCord, 1998; Mathwick, 2002; Jarvenpaa and Todd, 1997). The perceived risk of customers is a subjective risk, which is distinguished from an objective probabilistic risk. Perceived risk includes a psychological risk that consumers perceive when they choose brands, stores, and methods of purchase to obtain a particular item. The ability of an enterprise to revolutionize products depends on the effective acquisition of knowledge about new products (Bierly and Chakrabarti, 1996; Rothwell and Dodgson, 1991). Knowledge acquisition is the ability of a company to perceive the value of novelty and technology of the outside (Cohen and Levinthal, 1990), to evaluate the outside technology that has newly appeared (Arora and Gambaradella, 1994), and to predict the future evolution of technology accurately (Cohen and Levinthal, 1990). Consumer innovativeness is the degree to which an individual adopts innovation earlier than others in the social system (Lee, Ahn, and Ha, 2001; Gatignon and Robertson, 1985). That is, it shows how fast and how easily consumers adopt new ideas. Innovativeness is regarded as important because it has a significant effect on whether consumers adopt new products and on how fast they accept new products (Midgley and Dowling, 1978; Foxall, 1988; Hirschman, 1980). We conducted cross-national comparative research using the TAM model, which empirically verified the relationship between the factors that affect attitudes - perceived usefulness, ease of use, perceived pleasure, perceived risk, innovativeness, and perceived level of knowledge management - and attitudes toward HSDPA service. We also verified the relationship between attitudes and usage intention for the purpose of developing more effective methods of management for HSDPA service providers. For this research, 346 questionnaires were distributed among 350 students in the Republic of Korea. Because 26 of the returned questionnaires were inconsistent or had missing data, 320 questionnaires were used in the hypothesis tests. In UK, 192 of the total 200 questionnaires were retrieved, and two incomplete ones were discarded, bringing the total to 190 questionnaires used for statistical analysis. The results of the overall model analysis are as follows: Republic of Korea x2=333.27(p=0.0), NFI=0.88, NNFI=0.88, CFI=0.91, IFI=0.91, RMR=0.054, GFI=0.90, AGFI=0.84, UK x2=176.57(p=0.0), NFI=0.88, NNFI=0.90, CFI=0.93, IFI=0.93, RMR=0.062, GFI=0.90, AGFI=0.84. From the results of the hypothesis tests of Korean consumers about the relationship between factors that affect intention to use HSDPA services and attitudes, we can conclude that perceived usefulness, ease of use, pleasure, a high level of knowledge management, and innovativeness promote positive attitudes toward HSDPA mobile phones. However, ease of use and perceived pleasure did not have a direct effect on intention to use HSDPA service. This may have resulted from the fact that the use of video phones is not necessary for everyday life yet. Moreover, it has been shown that attitudes toward HSDPA video phones are directly correlated with usage intention, which means that perceived usefulness, ease of use, pleasure, a high level of knowledge management, and innovativeness. These relationships form the basis of the intention to buy, contributing to a situation in which consumers decide to choose carefully. A summary of the results of the hypothesis tests of European consumers revealed that perceived usefulness, pleasure, risk, and the level of knowledge management are factors that affect the formation of attitudes, while ease of use and innovativeness do not have an effect on attitudes. In particular, with regard to the effect value, perceived usefulness has the largest effect on attitudes, followed by pleasure and knowledge management. On the contrary, perceived risk has a smaller effect on attitudes. In the Asian model, ease of use and perceived pleasure were found not to have a direct effect on intention to use. However, because attitudes generally affect the intention to use, perceived usefulness, pleasure, risk, and knowledge management may be considered key factors in attitude development from which usage intention arises. In conclusion, perceived usefulness, pleasure, and the level of knowledge management have an effect on attitude formation in both Asian and European consumers, and such attitudes shape these consumers' intention to use. Furthermore, the hypotheses that ease of use and perceived pleasure affect usage intention are rejected. However, ease of use, perceived risk, and innovativeness showed different results. Perceived risk had no effect on attitude formation among Asians, while ease of use and innovativeness had no effect on attitudes among Europeans.

  • PDF

The Status of North Korean Airspace after Reunification (북한 공역의 통일 후 지위)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.32 no.1
    • /
    • pp.287-325
    • /
    • 2017
  • Considering the development of aerospace, military science and technology since the 20th century, the sky is very important for the nation's existence and prosperity. The proverb "Whosoever commands the space commands the world itself!" emphasizes the need for the command of the air. This essay is the first study on the status of airspace after reunification. First, the territorial airspace is over the territory and territorial sea, and its horizontal extent is determined by the territorial boundary lines. Acceptance of the present order is most reasonable, rather than attempting to reconfigure through historical truths about border issues, and it could be supported by neighboring countries in the reunification period. For peace in Northeast Asia, the reunified Korea needs to respect the existing border agreement between North Korea and China or Russia. However, the North Korean straight baselines established in the East Sea and the Yellow Sea should be discarded because they are not available under United Nations Convention on the Law of the Sea. It is desirable for the reunified Korea to redefine the straight baselines that comply with international law and determine the territorial waters up to and including the 12-nautical mile outside it. Second, the Flight Information Region (hereinafter "FIR") is a region defined by the International Civil Aviation Organization (hereinafter "ICAO") in order to provide information necessary for the safe and efficient flight of aircraft and the search and rescue of aircraft. At present, Korea is divided into Incheon FIR which is under the jurisdiction of South Korea and Pyongyang FIR which is under the jurisdiction of North Korea. If North Korea can not temporarily exercise control of Pyongyang FIR due to a sudden change of circumstances, it is desirable for South Korea to exercise control of Pyongyang FIR, and if it is unavoidable, ICAO should temporarily exercise it. In reunified Korea, it is desirable to abolish Pyongyang FIR and integrate it into Incheon FIR with the approval of ICAO, considering systematic management and control of FIR, establishment of route, and efficiency of management. Third, the Air Defense Identification Zone (hereinafter "ADIZ") is a zone that requires easy identification, positioning, and control of aircraft for national security purposes, and is set up unilaterally by the country concerned. The US unilaterally established the Korea Air Defense Identification Area (KADIZ) by the Declaration of Commitment on March 22, 1951. The Ministry of Defense proclaimed a new KADIZ which extended to the area including IEODO on December 13, 2013. At present, North Korea's military warning zone is set only at maritime boundaries such as the East Sea and the Yellow Sea. But in view of its lack of function as ADIZ in relations with China and Russia, the reunified Korea has no obligation to succeed it. Since the depth of the Korean peninsula is short, it is necessary to set ADIZ boundary on the outskirts of the territorial airspace to achieve the original purpose of ADIZ. Therefore, KADIZ of the reunified Korea should be newly established by the boundary line that coincides with the Incheon FIR of the reunified Korea. However, if there is no buffer zone overlapping with or adjacent to the ADIZs of neighboring countries, military tensions may rise. Therefore, through bilateral negotiations for peace in Northeast Asia, a buffer zone is established between adjacent ADIZs.

  • PDF

Retrospect and prospect of political geography and general-synoptic part of human geography in Korea (한국 정치지리학과 인문지리학 일반 50년의 회고)

  • ;Im, Duck-Soon
    • Journal of the Korean Geographical Society
    • /
    • v.31 no.2
    • /
    • pp.295-308
    • /
    • 1996
  • 1. Retrospect of Political Geographic Studies since Liberation, 1945 : 1) Period from 1945 to mid 1960s : There was not political geography as a science in Korea at the time of liberation from Japan 1945. At that time were not pure political geographers in Korea. In 1947, Moon-Hwa Pyo, economics professor, published a book titled Outline of Korean Geopolitics. This book was a first one in the field of political geography and available at that time in the logical descriptions. Bok-Hyon Choi was a first political geographer who in 1959 wrote a book titled Political geography for the collegians of Seoul National University. Professor Choi introduced American-style political geography through the book above mentioned. In 1963, Kie-Joo Hyong published an article titled "Korean Unification: Possibility from the Geopolitical Viewpoint" which was a first article published by Korean young scholar who studied geography in this country. 2) Period from late 1960s to late 1980s : Both Yoon Cha and Duck-Soon Im published frequently several articles of political geography or geopolitics respectively in 1968-1969. And they issued geopolitical disputes on Korean geopolitical structure and an application of rimland theory to Korean peninsula in 1969 through a magazine named Joung-Kyong Younku (the political and economic researches). The disputes played an important role of showing political geography (or geopolitics) to political sciences especially international political Science. Active researches still continued in 1970s. In that atmosphere the first Korean book of political geography written by a post-liberation scholar (Duck-Soon Im) titled Principles of Political Geography was published in 1973. This book was influenced much by American political geography after Second World War. In 1980s, the researches continued more actively. Especially administrative districts, capital cities, and sub-capital cities were frequently studied during this period. 3) Period from late 1980s to Present: Recent Studies : 1985 was a year of much production of articles of political geography. The first Ph.D thesis of political geography published in the same year in our country. And since 1985 produced many M.A. articles. Several categories of esearches of political geography was made in the period from late 1980s to present. Capital cities, Korean unification, administrative districts, urban politics, elections, sub-capital cities, and defense walls were important research categories. Reviewing the researches from 1945 to present. I found eight categories of political geography in Korea: capital cities, administrative districts, geopolitical structure of Korean peninsula, division and unification of Korea, sub-capital cities, defense walls, elections, and urban politics. Each category includes several scholars respectiveiy. 2. Study Tasks and Prospects in Korean Political Geography: In relation to Korean circumstances there are three study-tasks. The first task of Korean people is unification of two Koreas. Political geographers of Korea must al survey titled Survey Methods of Human Geography for collegians. This book was first one on survey part in Korea. The book however, is insufficient in comprehensiveness in aspects too. I think that the important tasks of general-synoptic human geography in Korea are \circled1 publication of comprehensive books of human geography in the aspects and methodologies for collegians and \circled2 acceptance of academic world of human geography in Korea of variety in methodologies of human geography for future progress. progress.

  • PDF

6·25 Special Play Study (6·25 특집극 <최후의 증인> 연구)

  • Song, Chihyuk
    • (The) Research of the performance art and culture
    • /
    • no.42
    • /
    • pp.47-75
    • /
    • 2021
  • This thesis looks into the interpretation of the Korean War and mystery genre in Korea in the 1970s by analyzing the special drama , in which the theme was directly related to the Korean War, airing through MBC in 1979. It begins by finding the change in direction in the 1970s when the world of TV was dictated through the heavy censorship and the memory of the war by the government. It also looks at the intentions of the producer who was taking in the new way and the viewers who also accepted this drama and its reflections. In order to gain some insights into these issues, it compares between the drama "The Last Witness" and the original novel by Seong-jong Kim who holds the same time to see the way in which this is dramatized. The drama, "The Last Witness", was produced with a plan to generate a high-quality special drama which combined both artistry and sense of purpose. Nevertheless, as watching TV became a leisurely past-time during this period, TV dramas become more aggressive and suggestive in order to attract viewers. This ultimately was encored with obstacles due to the regime and the heavy censorship at the time. The genre of special drama that is well known in South Korea, is designed as an art form to satisfy both their unique artistry and its purpose. The conflict is seen between the key elements of the artistic drama crated by the producers and the 'encouraged' elements that often are needed to engage the viewers. Thus, more often than not, special dramas defeat the original intention of national harmony, encouraged by the regime. This is due to the 'novelty' aspect which grows from the effort of bringing enjoyment to viewers whilst also trying to achieve the artistic drama to life. Alongside this, crime element in this drama is designed in a way that visually embodies the process of deduction, becoming a new possibility to secure the reality of the times. However, it was also a paradoxical existence since it was indicated as an example of unrefined culture that lost its original intention. In that way, it is worth to think that detective suspense stories, which were not popular in Korea, influenced viewers as a tv drama series in the 1970s through the various elements that compose the genre. They went through a process of transplantation and acceptance whilst also attempting to satisfy the viewers and their encouraged elements to engage them. As is well known, crime drama in Korea has its own style by mixing anticommunism and detective reasoning. This combination is found in the way in which the genre naturally forms through the elements selected and excluded in the dramatization of "The Last Witness". The point is that the special drama "The Last Witness" can be seen as an intermediate form that shows the tendency of transformation from the detective reasoning form alongside the crime aspects as TV dramas began to include anticommunism messaging and investigation in the 1970s. In conclusion, when the detective reasoning is used as an element in a TV drama, it shows the trust of the public system and it constantly seeks the possibility of circumventing the political interpretation. The memories of the war is seen as a tool that neutralizes the dismal imaginations inscribed on the dark side of society and the system. As a result, "The Last Witness", broadcasted at the end of the Yushin regime in Korea, is a strange result which combines the logic of a special drama and the encouraged characteristics of television dramas. The viewers' desire which is the discussion about the hidden traces from the texts needs to be restored again.

Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.18
    • /
    • pp.9-39
    • /
    • 2003
  • The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

  • PDF