• Title/Summary/Keyword: opinion decision

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A study on air related multimodal transport and operator's legal liabilities (항공연계 복합운송의 현황과 손해배상책임 - 대법원 2014.11.27. 선고 2012다14562 판결을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.3-36
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    • 2016
  • Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

A Study on Comparison and Analysis of Civic Education in Place for Children -A Case Study on the United States, Britain, Finland, Japan, and South Korea- (어린이 공간교육의 국내외 사례 비교연구 -미국, 영국, 핀란드, 일본, 한국의 사례를 중심으로-)

  • Hue, Youn-Sun;Im, Seung-Bin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.2
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    • pp.40-51
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    • 2011
  • Recently, the public's interest in quality of life and good design has increased, and the opportunities for their participation in space planning and the design process are expanding. However, the public still lacks understanding of the role(and importance) of space and environment and is not experienced in expressing their opinion on improving the urban environment. At this point, 'Built Environment Education for Kids' will be the key to understanding space and environment as future citizens and to developing the ability of problem-solving and expressing their opinions. This study aims to change the awareness of the public as well as experts, and to make a better urban space through comparison and analysis of domestic and foreign 'Built Environment Education.' In 27 countries around the world(more than 110 institutions), 'Built Environment Education' from childhood is being implemented. Such movements aim to make people participate in the space design and decision-making process by understanding a fundamental element of the built environment and space perception. In this study, the United States, Britain, Finland, Japan and South Korea's 'Built Environment Education' are discussed Above all, the definition, range and target of 'Built Environment Education' are discussed For each case, the purpose and effect, laws and educational processes, systems and roles, and examples of programs are analyzed. Through reviewing each attribute and their implications, a conclusion is drawn on the aspects we have to consider in laying the foundation for implementing the 'Built Environment Education' in Korea, such as consideration of the locality, organizing systematic networks and composing a pool of experts, building proper institutions, and establishing the role of the government. This case study of 'Built Environment Education' can help increase the awareness of the public and build their strength in establishing a better future space. Through the analysis of the purpose, laws, systems, and contents, this case study is expected to provide and build the foundation for an educational system and develop an appropriate program that best suits our society.

An analysis of current condition of student's selection process in Hansung science highschool (한성과학고등학교 학생 선발과정의 현황 분석)

  • Dong, Hyo-Kwan;Jhun, Young-Seok
    • Journal of Gifted/Talented Education
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    • v.13 no.4
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    • pp.65-94
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    • 2003
  • The purpose of this study is to acquire the information on the current situation of students' selection process in order to renovate the system of picking up the students. As a first step of the study, we examined the validity of the factors of the single-out system such as qualification and the process for the application and the standards and proceeding of the selection. Then we analysed the result of the entrance examination of Hansung Science Highschool in 2002. The analysis was on the correlation between the result of entrance examination and the achievement in the school and the decision of the course after graduation. To know on the achievement of the students, we investigated the records of regular tests and asked the teachers' opinion in math and science classes. As a result, we gained the following points: First, the present single-out system has a danger of excluding students who are much talented in science and math field because it is based on students' achievements in middle schools; Second, the new selection system should consider the character and attitude of the applicants in addition to their knowledge; Third, the continuous observation of the teacher in middle school should be an important factor of the picking up system; Fourth, more questions requiring divergent thinking ability and inquiry skill should be developed as selective examination question. Also examination questions should cover the various contents from mathematics to science, and do not affect pre-learning; Finally, the system of present letting all students stand in one line should be changed into that of letting students in various lines. We can consider using multi-step selection system.

FTA Negotiation Strategy and Politics in the Viewpoint of the Three-Dimensional Game Theory: Korea-EU FTA and EU-Japan EPA in Comparison (삼차원게임이론의 관점에서 바라 본 유럽연합의 FTA 협상 전략 및 정치: 한-EU FTA와 EU-일본 EPA의 비교를 중심으로)

  • Kim, Hyun-Jung
    • Journal of International Area Studies (JIAS)
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    • v.22 no.2
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    • pp.81-110
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    • 2018
  • In this paper, we examined the regional economic integration, the trade negotiation strategy and bargaining power of the European Union through the logical structure of the three - dimensional game theory. In the three - dimensional game theory, the negotiator emphasized that the negotiation strategy of the triple side existed while simultaneously operating the game standing on the boundary of each side game, constrained from each direction or occasionally using the constraint as an opportunity. The study of three-dimensional game theory is aimed at organizing the process of coordinating opinions and meditating interests at the international level, regional level and member level by the regional union as a subject of negotiation. This study would compare and analyze the recently concluded EU-Japan EPA (Economic Partnership Agreement) negotiation process with the case of the EU FTA, and summarize the logic of the three-dimensional game theory applicable to the FTA of the regional economic partnership. Furthermore, the study would illustrate the strategies of the regional economic cooperatives to respond to negotiations. The area of trade policy at the EU level has already been completed by the exclusive power of the Union on areas where it is difficult to politicize with technical features. Moreover, the fact that the policy process at the Union level has not been revealed as a political issue, and that the public opinion process is a double-step approach. In conclusion, the EU's trade policy process constitutes a complicated and sophisticated process with the allocation of authority by various central organizations. The mechanism of negotiation is paradoxically simplified because of the common policy decision process and the structural characteristics of the trade zone, and the bargaining power at the community level is enhanced. As a result, the European Commission would function as a very strong negotiator in bilateral trade negotiations at the international level.

A Study on the Digital Decipherment of the Goguryeo Stele in Chungju (충주고구려비(忠州高句麗碑) 디지털 판독의 성과와 고찰)

  • JO, Younghoon;KWON, Dakyung;AHN, Jaehong;KO, Kwangeui
    • Korean Journal of Heritage: History & Science
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    • v.54 no.2
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    • pp.240-253
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    • 2021
  • Various decipherment technologies, including manual rubbing, have been continuously applied to the Goguryeo Stele in Chungju. However, an official document for advanced decipherment is required as there remain characters to be deciphered. This study focuses on interdisciplinary digital decipherment using digital visualization results based on reflectance transformation imaging and three-dimensional scanning. On that basis, the joint decipherment document in 2019 is classified into eight types according to character changes from 1979 to 2000, and decipherment achievements are discussed. Important outcomes of the joint decipherment document include a new interpretation of four existing characters and the identification of 28 new characters. Additionally, 68 characters on the front face and 20 on the left face, which are listed differently in previous decipherment documents, are determined to be a single character through a consensus process. Compared to the previous decipherment document, the "decision" character is increased by a total of 89 characters (22.6%), and the "different opinion" character is decreased by 126 characters (32.0%). Thus, this digital decipherment greatly contributes to the reexamination of the Goguryeo Stele in Chungju and complements the previous decipherment document through reflectance transformation imaging and three-dimensional scanning. However, continuous research is necessary to enhance decipherment rates, since 123 characters (31.3%) are yet to receive decipherment. In the future, decipherment advancement regarding the Goguryeo Stele in Chungju should be based on convergence research between the humanities and science. Furthermore, it seems that researchers must make constant efforts to apply new imaging analysis technology and to develop customized technology for decipherment.

A Study on the Job Performance of Dental Coordinators and Their Perception (치과코디네이터의 업무수행 및 인식도에 관한 조사연구)

  • Kwon, Soon-Bok;Kim, Young-Nam;Moon, Hee-Jung;Shin, Myung-Suk;Han, Gyeong-Soon;Han, Su-Jin
    • Journal of dental hygiene science
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    • v.5 no.4
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    • pp.211-220
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    • 2005
  • The purpose of this study was to examine the job performance of dental coordinators and their perception of their job to lay the groundwork for utilizing dental personnels more efficiently. The subjects in this study were dental coordinators who worked at selected dental hospitals and clinics in Seoul, Gyeonggi province and Incheon. A survey was conducted to gather data from May 1 to August 8, 2005 and answer sheets from 108 respondents were analyzed. The findings of the study were as follows: 1. As for the length of service, 43.5 percent of the dental coordinators investigated had worked at dental institutes for five years or more, which was followed by less than two years(19.5%) and three years to less than five years(19.4%). Concerning the length of service as dental coordinators, 39.8 percent had served for less than two years, and 19.4 percent had worked for two years to less than three years and for five years or more respectively. Regarding the name of position, 38 percent were called team leaders, and 30.6 percent were called coordinators. As to duties, the largest group of them that stood at 30.6 percent were in charge of receiving, and in regard to department, the largest group, 57.4 percent, belonged to the treatment backup department. 2. Concerning education, the greatest number of them, 45.4 percent, had received education at private institutes, and 73.1 percent found it necessary for dental coordinators to take an authorized qualification test. 43.5 percent, the largest group, looked upon the central government as the best organization to authorize their qualifications and 70.8 percent believed that what they learned enabled them to perform their job successfully. As to the necessity of follow-up education as a means to improve job performance, 96.3 percent consented to it. As for the reason, 63.9 percent considered that necessary to enhance their own ability and 22.2 percent were in want of systematic education. Regarding educational expenses, 29.6 percent were subsidized by the dental institutes where they had worked and 25.9 percent had totally been responsible for that. Regarding a required course, medical service and marketing was most widely pointed out(66.7%), followed by theory and practice(65.7%) and introduction to dentistry(57.4%). As to what sort of education they wanted to receive more, dental service and marketing was selected the most, followed by practical health insurance(35.2%). 3. In regard to what type of job they performed as dental coordinators, 88.9 percent were in charge of appointment in the field of customer service, and 87.9 percent paid attention to having good manners as service providers in the area of self-management. In the field of hospital affairs, 81.3 percent were in charge of receiving. 4. As to their awareness of dental coordinator job, the largest group took pride in the job they performed ($3.99{\pm}0.76$), and the second largest group believed that dental coordinators made a great contribution to hospital management ($3.92{\pm}0.70$). The third largest group gave a great weight to their own job ($3.91{\pm}0.84$) in light of overall dental duties and the fourth largest group found themselves to get along with other employees regardless of position ($3.86{\pm}0.74$). The fifth largest group believed their job was of great use for promoting the oral health of patients ($3.76{\pm}0.75$), and the sixth largest group thought the future of dental coordinators was promising($3.74{\pm}0.86$). 5. In regard to their perception by age group, those who were older had a better opinion on every item of their job in general. Their age made a statistically significant difference to their view of the weight of dental coordinator job(P < 0.001) in light of overall dental duties, of being approved and trusted by managers(P < 0.01), of social awareness of dental coordinator, and of being understood and approved by other employees and dentists. Their pride in current job and their satisfaction with the name of their position were statistically significantly different according to their age as well. Besides, their age made a statistically significant difference to their opinion about whether or not there was an age limit to their occupation and about their contribution to hospital management (P < 0.05). 6. As for their perception by type of job, the dental hygienists were generally most satisfied with their job, followed by nursing aids and others. There was a statistically significant gap among their opinions about whether to make a job-related decision on their own(P < 0.001). the weight of their job in terms of overall dental duties, whether their job improved their ability, whether their job made a great contribution to enhancing the oral health of patients, whether their job was understood and approved by other employees(P < 0.01), social awareness of their job, whether they conflicted with other employees during job performance, and whether dental hospitals or clinics offered a self-development opportunity for them to take their ability to another level(P < 0.05). And their satisfaction with current pay was statistically significantly different as well.

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The Current Status of the Warsaw Convention and Subsequent Protocols in Leading Asian Countries (아시아 주요국가(主要國家)들에 있어서의 바르샤바 체제(體制)의 적용실태(適用實態)와 전망(展望))

  • Lee, Tae-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.147-162
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    • 1989
  • The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

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