• Title/Summary/Keyword: play time

Search Result 2,498, Processing Time 0.043 seconds

Analysis of the self-concept in the cyberspace, self-efficacy, relationship with friends, subjective well-being and academic grade: Comparison of adolescents who are addicted to Internet to non-addicted adolescents (청소년의 사이버 자기개념,자기효능감, 친구관계, 주관적안녕감과 학업성취도: 인터넷 중독인식집단과 비중독집단의 비교)

  • Uichol Kim;Young-Shin Park;Soo-Yeon Tak;Jung-Hee Kim;Mi-Seon Oh
    • Korean Journal of Culture and Social Issue
    • /
    • v.19 no.2
    • /
    • pp.285-318
    • /
    • 2013
  • The purpose of this research is to examine the self-concept in the cyberspace, self-efficacy, relationship with friends, subjective well-being and academic grade among adolescents who are addicted to Internet and those who are not addicted to Internet. A total of 1,057 adolescents (male=545, female=512), 326 from middle school, 361 from high school, and 370 from special education school, participated in the study. The results are as follows. First, qualitative analysis of the conception of self in the cyberspace indicates that those adolescents addicted to Internet reported that in the cyberspace they have fun, followed by they are the same as in real life, they spend time in cyberspace and they can become an imaginary person. Those adolescents not addicted to Internet reported that in the cyberspace they are the same as in real life, followed by they spend time in cyberspace and they can become an imaginary person. When they play Internet games, majority of adolescents in both groups reported that it is fun, followed by they become engrossed and they become aggressive. Second, those adolescents who are not addicted to Internet had higher scores on self-efficacy than those adolescents who are addicted to Internet, including self-regulatory efficacy for learning, relational efficacy, and resiliency of efficacy. Third, the number of friends and close friends that adolescents who are not addicted to Internet were not significantly different from those adolescents who are addicted to Internet. However, those adolescents who are not addicted to Internet were more likely receive social support from friends and were less likely to be social excluded than those adolescents who are addicted to Internet. Fourth, those adolescents who are not addicted to Internet had significantly higher scores on subjective well-being than those adolescents who are addicted to Internet. Fifth, those adolescents who are not addicted to Internet had significantly higher scores on both subjective and objective academic grade than those adolescents who are addicted to Internet.

  • PDF

Analysis of the Effect of Army Startup Support Program on Military Service Satisfaction (육군 창업지원 프로그램이 군 복무만족도에 미치는 영향 분석)

  • Koo, Young Hwi;Kim, Dong Hyun;Yoon, Kwan Ki
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
    • /
    • v.17 no.2
    • /
    • pp.115-128
    • /
    • 2022
  • This research aims to analyze of the Effect of Army Start-up Support Program (hereinafter, ASSP) on the level of discharged or scheduled to be discharged soldier's satisfaction of their military service. In addition, this paper also seeks to elaborate on how those Army-supported programs, such as Start-up competitions, mentoring, camp, and school, can increase the level of military service satisfaction. By participating in those programs, service members can leverage their time in the military to make opportunity for their future career rather than consider it as a career break, increasing their military service satisfaction. Finally, on the basis of findings, this paper advocates for expanding Service Members startup Support Program of government agencies and municipalities and enhancing younger population's individual capabilities through ASSP. This research used ASSPs, such as Army Start-up competitions, mentoring, camp, and school, as independent variables. For controlled variables, this paper takes demographic elements such as status and career path of the participants. Our empirical analysis reveals that ASSP has a direct impact on the military service satisfaction, supported by the statistics from the hierarchical regression analysis. However, the research also suggests that individual' military service satisfaction from ASSP may differ from one another in accordance with the controlled variables such as status and career of the participants. This paper proves that ASSP can play a substantial role in enhancing service members' capabilities during their time in military and that Army fosters talent and connects itself to the nation and society. In addition, this research could contribute to increasing employment rate of and expanding Start-up support program of government agencies and municipalities for younger population by providing empirical results which advocates the latter's necessity.

Trends in the Use of Assessment Tools by Korean Occupational Therapists: Focus on Adult and Older Adult Populations (한국 작업치료사의 평가도구 사용 동향: 성인 및 노인 분야를 중심으로)

  • Ha, Yae-Na;Jeong, Ji-In;Kang, Byoung-Ho;Yoo, Eun-Young
    • Therapeutic Science for Rehabilitation
    • /
    • v.13 no.3
    • /
    • pp.51-67
    • /
    • 2024
  • Objective : This study investigated trends in the use of assessment tools by occupational therapists working with adults and older adults. Methods : Occupational therapists were surveyed to gather data on general characteristics, assessment tool usage, assessment time and frequency, usage trends by area, and education. The tools were categorized by the Occupational Therapy Practice Framework (OTPF) into Activities of Daily Living (ADL), Instrumental Activities of Daily Living (IADL), and play and leisure for occupations, and cognitive functions, motor functions, and psychosocial aspects for client factors. Data from 98 respondents were analyzed using frequency analysis and one-way ANOVA with SAS. Results : Most surveyed occupational therapists worked in university or general hospitals (40.82%). The assessment time per patient was under 30 min (62.25%), and re-assessment frequency was one~three months (68.38%). The most frequently used assessment tools by the OTPF were as follows: ADL: Modified Barthel Index (94.90%), IADL: Canadian Occupational Performance Measure (31.63%), cognitive functions: Mini-Mental Status Examination (89.80%), visual perception: Motor-free Visual Perception Test (56.12%), dementia: Global Deterioration Scale (63.27%), motor functions: Jamar Dynamometer & Pinch Gauge (59.18%), dysphagia: Video Fluoroscopic Swallowing Study (28.57%), physical examination: Range of Motion (59.18%), and psychosocial: Geriatric Depression Scale (33.67%). Conclusion : This study identified the use and rationale of assessment tools for occupational therapy in adults and older adults. These findings aim to enhance the curriculum and continuing education of occupational therapists.

Effect of Planned Nursing Intervention on the Stress, the Maternal Role Strain, and the Maternal Role Performance of Mothers of Premature Infants (계획된 간호 중재가 미숙아 어머니의 스트레스, 모성 역할 긴장과 역할 수행에 미치는 영향)

  • Joung Kyoun -Hwa
    • Child Health Nursing Research
    • /
    • v.5 no.1
    • /
    • pp.70-83
    • /
    • 1999
  • The birth of a premature infant is distressing for its parents. The parents of a premature infant experience stress according to the infant's physical appearance and behavior, the environment of the neonatal intensive care unit (NICU) , and the alteration in the parental role. Especially, a mother of a premature infant feels distressed even after the discharge of the infant : therefore, she has difficulties in maternal role performance. The main purpose of this study is to identify the effects of the planned infant care information program in order to lower the stress level for mothers of premature infants caused by the birth and hospitalization in NICU of premature infants, to reduce the maternal role strain, and to promote the maternal role performance after the infants' discharge. This study employed two methods of research at the same time : quasi -experimental non-equivalent pre and post test to compare : non-equivalent post test to compare. The total number of subjects was 19 who were assigned to the research program : 12 mothers of premature infants at the NICU at the Ch university hospital and 7 at the NICU at the Y general hospital located in Chounju city. The data were collected for 79 days from August 18 to November 5, 1998. The questionnaire method was applied for the data collection, and the measures used in this study were Parental Stressor Scale : NICU(Miles, 1993), the Maternal Role Strain Measures ( Hobbs, 1968 ; Steffensmeier, 1982) , and Self Confidence Scale (Pharis, 1978). Research procedure is as follows : after preliminary examination, the experimental subjects, the mothers of premature infants at the Nl CU at Ch university hospital were provided with slide films and information developed by the researcher based on existing documents and data. It took two 60-minute sessions a week for two weeks, and the mothers' stress level was measured using the same instrument twice one week and two week after the infants' hospitalization. The stress level of the contrast subjects, the mothers at Y general hospital was measured during the same period. The experimental subjects were provided with booklets on matters that require attention after the infants' discharge and on developmental project, and they were educated to play the maternal role in person for 2-3 hours a week : breast-feeding, burping a baby, and changing diapers. One week after the infants' discharge, the maternal role strain and the maternal role performance were examined in two groups of the subjects. The analysis of collected data was done using descriptive statistics including real numbers, percentages, averages, and standard deviations. Mann-Whitney test ; x² test ; Repeated Measures Analysis of Variance ; ANCOVA Spearman's rho correlation coefficients. The results on this study were as follows. (1) The examination of the same quality showed that there were no differences in the general and obstetrical characters between the two groups. However, in terms of the characters of premature infants. just right after their birth, the infants at the contrast group weighed more than those at the experimental group(U=16.5, p=.02), and the former was in mother's womb longer than the latter(U=15.5, p=.02). (2) The stress level of the mothers provided with the plannned nursing intervention program became lower as time passed compared to the others'(F=16.61, p=.00) Even when the influence of weight at birth and the length of gestation was removed among the premature infants' characters, the mothers' stress levels made a statistical difference 2 weeks after the infants' hospitalization depending on treatment (F=8.00, p=.01) (3) The maternal role strain of the mothers provided with the planned nursing intervention program was lower than the others'(U=2.0, p=.00). Even when the influence of weight at birth and the length of gestation was removed among the premature infants' characters, the maternal role strain levels made a statistical difference 2 weeks after the infants' hospitalization, depending on treatment(F=14.72, p=.00). (4) The maternal role performance level of the mothers provided with the planned nursing program was higher than the others'(U=.0, p=.00). Even when the influence of weight at birth and the length of gestation was removed among the premature infants' characters, the mothers' stress levels made a statistical difference 2 weeks after the infants' hospitalization, depending on treatment(F=8.00, p=.01). (5) The correlation between a mother's stress level 2 weeks after her infant's hospitalization, the maternal role strain and the maternal role performance were compared : the stress and the maternal role strain were statistically irrelevant to each other(r=.33, p=.12) : the stress was found to be in inverse proportion to the maternal role performance(r=-.53, p=.02). The maternal role strain was in inverse proportion to the maternal role performance as well(r=-.50, p=.00). In conclusion, for the mothers provided with the planned nursing intervention program, their stress level was getting lower as time passed during the infants' hospitalization, their maternal role strain reduced when they took care of their infants after their discharge, and their maternal role performance level was high compared to the other mothers. Besides, the lower the stress level of mothers of premature infants was during the infants' hospitalization, the higher the maternal role performance after their discharge was. The lower maternal role strain was, the higher the maternal role performance was as well. These results of the study suggested that the nursing intervention program for the mothers of premature infants developed by the researcher would be effectively applied to nursing practice, and it would be a foundation for the development of this kind of program.

  • PDF

Types and Characteristics of Traditional Music Performance of the 1920s - Focused on the mixed performances type in the western-style genre - (1920년대 전통음악공연의 형태와 특징 - 서양식 장르와의 혼성공연형태를 중심으로 -)

  • Keum, Yong-woong
    • (The) Research of the performance art and culture
    • /
    • no.35
    • /
    • pp.61-92
    • /
    • 2017
  • During the Japanese colonial era, traditional music performances were gradually diminishing and weakening in the particular condition of colonization. Meanwhile, from the time of enlightenment, Western genre performances were becoming vitalized with the influence of Western civilization that began to be spread steadily throughout the society. In that situation, traditional music performances tended to be mixed performances accompanied by Western ones, not independent performances. Mostly, they were accompanied by Western music, and also, they were performed along with other genres like plays, lectures, movies, dances, or magic, too. Such form of mixed performances accompanied by Western genres became even more vitalized in the 1920's and came to be positioned as a form of traditional music performances. Therefore, research on the forms of mixed performances between Western genres and traditional music is meaningful in examining the forms of traditional music performances that have not been studied in the history of Korean modern music and understanding the trends of traditional music performances which were generally found in the Japanese colonial era. However, such research has hardly been conducted concretely yet. Accordingly, concerning the forms of mixed performances between Western genres and traditional music in the 1920's, this author considered the background of vitalizing mixed performances between Western genres and traditional music mainly with newspaper articles of the time and their formal characteristics. Regarding the background of vitalizing the forms of mixed performances between Western genres and traditional music, from the 1920's, the forms of mixed performances between Western genres and traditional music became more vitalized than before. The causes of that may include the increase of groups hosting or sponsoring such performances from the 1920's and also the dramatic increase of such performances in general. Moreover, the increased performances were conducted in the forms of mixed performances mainly in order to satisfy the people's needs becoming diversified with the distribution of Western civilization. Concerning the formal characteristics of mixed performances between Western genres and traditional music, this researcher classified western genres performed with traditional music and examined what characteristics were found in such mixed performances of tradition music by the types of Western genres respectively. First, in the mixed performances type of western-type genre and traditional music, the number of programs for the western music had significant portion in general, and there were certain ensemble of the western music and traditional musical instrument that was rare at this period of time, and it also had the characteristics of classifying two genres to perform for each title or date. Second, in the mixed performances type of the drama and traditional music, the traditional music is directly participated in the drama with the similar type to the theater, or performed independently from the drama with the role of interlude performance for the stage conversion of the drama to have the characteristics of performing in audience publicity or entertainment. Third, in the mixed performances type of the lecture and traditional music, the traditional music is played before or after the lecture to play the role to set the atmosphere and entertainment for the lecture as displaying the feature to perform for the audience attraction. And, fourth, in the mixed performances type of the movie and traditional music, the traditional music sometimes directly participated in the movie or had the features of independent performance, and there was a characteristic to perform for the entertainment after showing a movie.

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.

An Interpretation of the Korean Fairy-Tale "Borrowed Fortune From Heaven" From the Perspective of Analytical Psychology (한국민담 <하늘에서 빌려온 복>에 대한 분석심리학적 이해)

  • Kihong Baek
    • Sim-seong Yeon-gu
    • /
    • v.38 no.1
    • /
    • pp.112-160
    • /
    • 2023
  • This study examined the Korean folklore "Borrowed Fortune from Heaven" from the perspective of Analytical Psychology, considering it a manifestation of the human psyche, and tried to gain a deeper understanding of what happens in our mind. Through the exploration, the researcher was able to re-identify the ongoing psychological process operating in the depths of our mind, pertaining to the emergence of a new dimension of consciousness. Particularly the researcher was able to gain some insights into how the potential psychic elements for the new consciousness are prepared in the unconscious, how they get integrated into the conscious life, and what is essential for the accomplishment of the process. The tale begins with a poor woodcutter who, in order to escape from poverty, starts gathering twice as much firewood. However, the newly acquired amount disappears overnight, so the woodcutter gets perplexed and curious about where it goes and who is taking it. He seeks to find out the truth, which leads him to an unexpected journey to Heaven. There he learns the truth concerning his very tiny amount of fortune, and discovers another big fortune for an unborn person. By pleading with the ruler of Heaven, the woodcutter borrows that grand fortune, on the condition that he must return it to the owner when the time comes. After that, the woodcutter's life undergoes a series of changes, in which he finally becomes a wealthy farmer, but gradually is reminded more and more that the destined time is approaching. In the end, the fortune is completely transferred to the original owner, resulting in a dramatic twist and the creation of a new life circumstances. The overall plot can be understood as a reflection of the psychological process aiming at the evolution of consciousness through renewal. In this context, the woodcutter can be considered a psychic element that undergoes a continuous transformation in preparation for participating in the upcoming new consciousness. In other words, the changes brought about by this figure can be interpreted as a gradual and increasingly detailed foreshadowing of what the forthcoming new consciousness would be like. Interestingly, as the destined time approaches, the protagonist's anguish in conflict reaches its climax, despite his good performance in his role until then. This effectively portrays the difficulty of achieving a new dimension of consciousness, which requires moving past the last step. All the events in the story ultimately converge at this point. After all, the resolution occurs when the protagonist lets go of everything he has and follows the will of Heaven. This implies what is essential for the renewal of consciousness. Only by completely complying with the entire mind, the potential constituents of the new consciousness that should play important roles in a renewal and evolution of consciousness through experiencing, can participate in the ultimate outcome. As long as they remain trapped in any intermediate stage, the totality of the psyche would develop another detour aiming at the final destination, which means the beginning of another period of suffering carrying a purposeful meaning. The tale suggests that this truth will be applied everywhere that renewal of consciousness is directed, whether for an individual or a society.

Actual Conditions of Burglaries and Analysis on Residential Invasion Burglaries in Daegu Area (강도 범죄의 실태 및 대구 지역 침입 강도 범죄 분석)

  • Lee, Sang-Ho;Kwak, Jyung-Sik
    • Journal of forensic and investigative science
    • /
    • v.2 no.2
    • /
    • pp.5-20
    • /
    • 2007
  • During the period from 2001 to 2005, 29,892 burglaries took place in Korea with the approximate average annual number - 5,978 cases. This study was conducted to analyze the reported burglaries and the result was summarized as follows. There were 8,605 residential invasion burglaries (28.8%) as the most frequent characteristic pattern. The exit was used as the most frequent invasion route for 4,031 invasion burglaries (64.3%), and an unlocked exit door or window was used as the most frequent invasion method for 2,462 invasion burglaries (28.6%). The hours just after midnight (between 00:00 and 04:00) were the most frequent time for invasion burglary to occur. Also, 5,652 burglaries occurred on Wednesday which was twice higher than on Sunday (2,988 burglaries). It was shown that the number of persons injured during burglaries were 260 deaths and 10,610 injuries. The places of the highest occurrence were the street with 10,183 burglaries (34%) and then residential place with 7,527 burglaries (approximately 25%). One-man burglary was the highest complicity: 15,012 offenders (56.1%). The knife was used as the most frequent instrument for 6,498 burglaries (24,3%) what is rare, while no criminal tool or instrument was used for 15,631 burglaries (58.4). During the period from 2001 to 2006, 1,506 burglaries occurred in Daegu and the average annual number was 251 burglaries. Among those,515 residential invasion burglaries (34.2%) took place and the average annual number was approximately 86 cases. The hours just after midnight (between 00:00 and 04:00) were the most frequent time for invasion burglary to occur (194 cases, 37.7%), the place of the highest invasion occurrence was the residential place (259 cases, 50.3%), and the exit was used as the most frequent invasion route (87 cases, 37.7%). An unlocked exit door or window was the most frequent invasion method (65 cases, 25.1%). In addition, pretending to be a delivery man, visitor or following the victim methods were used for 26 burglaries (10%). It is apparent that personal preventive measures against crimes, as well as governmental and social measures, play an important role in preventing burglaries. In particular, based on the analyzed result that an unlocked window or exit door was most frequently used for reported burglaries, it seems that there is a lack of understanding of crime prevention while little effort has been made to prevent crimes. Although everyone knows that locking a door is one of the basic measures to prevent crimes, many people tend to pay little attention to lock a door properly so burglary takes place. This study, therefore, is intended to encourage people to pay more careful attention to crime prevention, in order to help reduce the probability of burglary. With the recent improvement in social understanding of scientific crime investigation, a wide variety of police professions, including crime analysts, crime victim police counselors and coroners, have been prepared to develop the scientific crime investigation and crime analysis. In addition, it is hoped that further this study will contribute to encourage studies on crime prevention to be carried out in the future.

  • PDF

The Studies on the Physiological Active Substances of Mugwort Components for the Utilization to the Foods of Animal Husbandry (축산식품에 이용하기 위한 쑥 성분중의 생리활성에 관한 연구)

  • Lee, Chi-Ho
    • Proceedings of the Korean Society for Food Science of Animal Resources Conference
    • /
    • 1998.05a
    • /
    • pp.37-54
    • /
    • 1998
  • This study was conducted to investigate the effects of mugwort extracts on the blood ethanol concentration, liver function and low level of cadmuim(Cd) in rats. The effects of mugwort extracts on the blood ethanol concentration was studied in Sprague-Dawley rats (10 weeks old) administered p.o. with 25% ethanol (5g/1kg body weight) and then injected with mugwort extracts (at the 2% levels of daily feed consumption compared with the concentration of catechins level in mugwort extracts) in caudal vein. SD rats were divided into five groups : control group (CON-E, only ethanol and 0.85% saline sol'n treated instead of each extracts), water extracts of mugwort treated to the control (MDW-E), ethanol extracts of mugwort treated to the control (POH-E). And then rat plasma of each time (0hr, 1hr, 2hr, 3hr) was investigated ethanol concentration by gas chromatography. Another rats were measured at the time of 0 and 5hr for the test of GOD(Glutamic Oxaloacetic Transaminase) and GPT(Glutamic Pyruvic Transaminase). Components of each extracts were analyzed by using high performance liquid chromatography. The effects of mugwort extracts on the liver function were studied in culture of rat hepatocyte composed of three groups : Control group and two groups treated with each extracts (1% & 2% MDW, 1% & 2% MOH). Condition of rat hepatocytes cultured for 36hr at $37^{\circ}C$(5% $CO_2$ incubator), number of cells, GOT and GPT activity were investigated. The results obtained were summarized as follows ; 1. Catechins level of mugwort extracts was $8{\sim}10mg/100g(MDW)$, $3{\sim}4mg/100g(MOH)$ 2. The contents of (-)-Epigallocatechin was high in MDW 3. The effects of mugwort extracts on the blood ethanol concentration were as follows; 1) The order in ethanol degradation efficiency was MDW-E > MOH-E > CON-E. 2) Ethanol concentration significantly decreased (p<0.05) in MDW-E and MOH-E. 4. The effects of mugwort extracts on the liver function were as follows; (rat hepatocytes cultured for 36hr at $37^{\circ}C$) 1) Cells condition of MDW-L was better than other groups. 2) The order in number of cells (rat hepatocytes) was 2% MDW-L >1% MDW-L >1% MOH-L > Con-L > 2% MOH-L 5. Cd treatment increased concentrations of hepatic GSH level, and decreased GOT activity in plasma. Therefore, this results suggest that the effects of mugwort extracts may an important rols in degradation ethanol and recovery liver function in body. Also, Mugwort extracts may modify the toxicities of Cd in Cd-treated rats and play an important roles in preventing the liver from various toxicants including Cd in Cd treated rats.

  • PDF

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
    • /
    • v.1
    • /
    • pp.147-162
    • /
    • 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.

  • PDF