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A Study on Improvement Examination Standard for the Limit of changing Current State of the Cultural Properties (문화재 유형별 현상변경 검토기준 마련 연구)

  • Cho, Hong-Seok;Park, Hyun-Joon;Lee, You-Beom;Lee, Cheon-Woo;Kim, Chul-Ju;Park, Jung-Seop;Kim, Sang-Dong
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.33 no.4
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    • pp.148-165
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    • 2015
  • The Cultural Properties Protection Law Act 1962 has been achieving its role for systematic preservation, management and application of the cultural heritage under rapid economic growth circumstances through continuing revisions. Introduced the influence review system for cultural heritages in 2000, and legislated the guideline for the state-change allowance standard for the National Cultural Heritage in 2006 in specific, the law has been contributing significantly for the cultural properties and historical/cultural environment preservation, along with increase in administrative efficiency and improvement on settlement environment. However, increase in public awareness about the cultural property's value and the needs for the local revitalization by utilizing the heritages, while some allowance standard not peoperly delivering the surrounding conditions, such as the value of the properties and their substantial characteristics, land utilization, etc. being applied, complaints from the local residents are increasing continuously. Thus this research focuses on clear vision/value of the heritage and apply them to create the review criteria for the state-change allowance per heritages. Here we set the Focus of Landscape Management Indicators in order to actively preserve and manage the physical characteristics and the native value by analyzing the Cultural Heritage Protection Laws and related guidelines, manuals and research papers, and redesign the cultural propertiy's classification scheme and propose the Review Standard for state-change from the view point of changing the current state. With this research, we expect increase in the satisfaction for the Property management system with public understanding promotion regarding the Standards by applying the reviewed state-change allowance Standards, white securing the consistency for the review criteria as well as the systematic management of historical/cultural environment with their typification characteristics and the value for short-term.

The Significance of Registration Convention and its Future Challenges in Space Law (등록협약의 우주법상 의의와 미래과제에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.375-402
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    • 2020
  • The adoption and entering into force of the Registration Convention was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the UNCOPUOS and it elaborates further Articles 5 and 8 of the Outer Space Treaty(OST). The Registration Convention also complements and strengthens the Article 11 of the OST, which stipulates an obligation of state parties to inform the UN Secretary-General of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of "jurisdiction and control" as a comprehensive concept mentioned in Article 5 8 of the OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk such as, for example, putting the weapons of mass destruction secretly into orbit. And furthermore it could serve for a better space traffic management. The Registration Convention is a treaty established to implement Article 5 of OST for the rescue and return of astronaut in more detail. In this respect, if OST is a general law, the Registration Convention would be said to be in a special law. If two laws conflict the principle of lex specialis will be applied. Countries that have not joined the Registration Convention will have to follow the rules concerning the registration of paragraph 7 of the Declaration by the United Nations General Assembly resolution 1721 (X V I) in 1961. UN Resolution 1721 (XVI) is essentially non-binding, but appears to have evolved into the norm of customary international law requiring all States launching space objects into orbit or beyond to promptly provide information about their launchings for registration to the United Nations. However, the nature and scope of the information to be supplied is left to the discretion of the notifying State. The Registration Convention is a treaty created for compulsory registration of space objects by nations, but in reality it is a treaty that does not deviate from existing practice because it is based on voluntary registration. With the situation of dealing with new problems due to the commercialization and privatization of the space market, issues related to the definition of a 'space object', including matter of the registry state of new state that purchased space objects and space debris matter caused by the suspension of space objects launched by the registry state should be considered as matters when amendments, additional protocols or new Registration Convention are established. Also the question of registration of a flight vehicle in the commercial space market using a space vehicle traveling in a sub-orbital in a short time should be considered.

Determination of Types and Element on Parking Ramp (주차장 램프 형식 결정 및 제원 산정에 관한 연구)

  • Kwon, Sung-Dae;Kim, Yoon-Mi;Nam, Chang-Kyu;Ha, Tae-Jun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.33 no.5
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    • pp.2021-2031
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    • 2013
  • Due to the rapid economic growth within the nation, the quality of life of individuals have improved dramatically. The scope of living activities of individuals have also extended, resulting in a rapidly increasing demand for automobiles. The number of vehicles registered in Korea is rapidly increasing and will reach 188.71 million as of December 2012. Compared to the registered residents of 50.94 million provided by the Ministry of Public Administration and Security, the registered population reflects about 4 people per every automobile. Due to the high demands for vehicles, the demands for parking lots in collective housing and businesses are also increasing. In reality, the current state of expansion of parking lots are underground, due to the limited available space on ground level. Specifically, the slope of a parking lot cannot exceed 17% linear slope and 14% curved slope according to the 'parking lot laws', however studies show that the driver feels at risk for safety when stopped on the parking ramp while driving in the parking lot. This study seeks to examine the suitability of parking lot ramps, concerning the safety aspects of the driver. First, the ramp type was categorized as linear or curved, then test drives were performed based on variations of slopes, slant distances, directions and points. A survey was administered to the driver after the completion of the test drive, in order to element design for an ideal ramp. In the case of curved ramp, the results of the estimate suggests a counterclockwise, slope at a maximum of 12% incline. The maximum slope for a linear ramp was analyzed to be between 13~14%, suggesting that slope greater than 15% need to be eliminated. In conclusion, it is anticipated that the element design parking ramp reported in this study will help to serve as a reference for future parking lot related guidelines, and provide cost effective traffic safety mechanisms in future parking lot businesses to follow.

A Study of School Nursing Activity Performed by School Nurses and Teachers Holding Additional School Health (부산지역 중등학교 양호교사 및 양호겸직교사의 학교보건업무 활동 양상)

  • Park Jung Za;Jung Moon Sook
    • Journal of Korean Public Health Nursing
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    • v.9 no.1
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    • pp.17-32
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    • 1995
  • The purpose of this study was to improve upon school health by understanding the present status of school health and escpecially to investigate the performance rate of regular health instruction. 261 schools, including middle and high schools enrolled in the Busan Educational Association, were sent Questionnaires. Data was collected from the 25th of January to the 10th of April, 1994. 229 subjects who responded to the Questionnaires were finally analyzed as samples. Among them, 127 were school nurses and 102 were teachers acting in a school health capacity. The results of this study are summerized as follows: Of the teachers holding additional school health responsibilities, $85.6\%$ worked in private schools. Many of them $(74.5\%)$ were formally dissatisfied with their ability to provide care because $85.3\%$ of them had never studied any school health. Some of them$(30.4\%)$ didn't know about the annual school nursing budget and $23.5\%$ of them hadn't taught any health education to students. In spite of this fact, they were placed in charge of a school health activity against their own will. There were statistically significant differences in the performance of school health affairs between nurses and teachers holding additional school health (p<0.001) as follows: annual school nursing budget, Health Program Planning and Evaluation, annual purchase price for medicines, average students cared for per day, average students who held at least one consultation per month and extra. Surely, the self-confidence of school nurses was higher than that of teachers with school health as an assigned responsibility. This was demonstrated by a significant statistical difference (p<0.01) in the responses by the two groups. $88.2\%$ of the school nurses and $73.5\%$ of teachers for school health thought that regular health instruction was necessary. But regular health education had been performed only by $32.8\%$ of respondents. Among them, 84% were school nurses and $16\%$ were teachers holding additional school health. Of the persons who performed regular health education, $69.3\%$ used less than $60\%$ of the health content of the athletic textbook. And $64\%$ of them said teaching materials were insufficient. Most of them $(69.4\%)$used home made lesson plans. which they compiled from various sources. There was a significant difference in the formality of the health lesson according to the concern of the school principal (p<0.01) and there was a significant difference in performing health education between school nurses and teachers holding additional school health (p<0.001) It appears that there are a lot of problems with providing school health care using people who are untrained. In a word, school health nurses with professional training are needed in order to perform the qualitative management for the health of the students. These days, regular health education is an indispensable part in making students improve their self-care abilities. Therefore a more effective and better defined program should be prepared for regular systematic health education. To resolve these problems, present laws and regulations related to school health should be revised considering the specialist's request for the improvement of school health. In addition, the concern and financial support of the government are essential.

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An Empirical Analysis of the Effects of Startup' Activities of Preparatory Stage and Early Stage on Performance (창업기업의 준비 및 초기단계 활동들이 기업 성과에 미치는 영향에 관한 연구)

  • Yoon, Byeong seon;Seo, Young wook
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.11 no.4
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    • pp.1-15
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    • 2016
  • Startups in Korea are experiencing for themselves the laws of survival through competition in the local and international market, and are performing active business movements based on these. Korea's economic growth rate is 2.6% due to the slump in the domestic demand and reduced exports brought by the MERSC incident in 2015. The Korea Development Institute has estimated the economic growth rate in 2016 to be around 3.0%. South Korea's economy is facing the crisis of low-growth solidification due to the decrease in economic growth, and it is forecasted that growth without employment and polarization will worsen. Startups in the high-tech industrial generation of a particular field wherein the market environment is rapidly changing must maintain a competitive advantage with the capabilities and functions exclusive to them. It is very important that they maintain a competitive edge by utilizing the capabilities exclusive to startup companies. Likewise, the accumulation of resources is also crucial in determining the success of a startup business. In a poor local startup ecosystem, majority of the startup companies are performing their business activities while striving for survival, rather than success. About 80% are struggling to survive and are failing to overcome the "Death Valley" faced 3-5 years after establishing the company. Since majority of the startups fail to achieve results during the initial stages of foundation, the importance of research on business activities and achievement during the early stages of establishment is being raised. In accordance to this, this research has performed an actual analysis on how the activities of startups during their preparation phase and early stages affect their achievements. A survey was done on the CEOs or executives (people in a position to make decisions) of local small and medium-sized enterprises that are considered start-ups, and 203 valid data were collected and analyzed. Results showed that the discoveries and utilized activities necessary for the businesses of startups have a significant impact on their achievement through the entrepreneur resources and external partners' cooperation; additionally, the related implications were discussed.

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Analysis of Modality and Procedures for CCS as CDM Project and Its Countmeasures (CCS 기술의 CDM 사업화 수용에 대한 방식과 절차 분석 및 대응방안 고찰)

  • Noh, Hyon-Jeong;Huh, Cheol;Kang, Seong-Gil
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.15 no.3
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    • pp.263-272
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    • 2012
  • Carbon dioxide, emitted by human activities since the industrial revolution, is regarded as a major contributor of global warming. There are many efforts to mitigate climate change, and carbon dioxide capture and geological storage (CCS) is recognized as one of key technologies because it can reduce carbon dioxide emissions from large point sources such as a power station or other industrial installation. The inclusion of CCS as clean development mechanism (CDM) project activities has been considered at UNFCCC as financial incentive mechanisms for those developing countries that may wish to deploy the CCS. Although the Conference of the Parties serving as the Meeting of the Parties to the UNFCCC's Kyoto Protocol (CMP), at Cancun in December 2010, decided that CCS is eligible as CDM project activities, the issues identified in decision 2/CMP.5 should be addressed and resolved in a satisfactory manner. Major issues regarding modalities and procedure are 1) Site selection, 2) Monitoring, 3) Modeling, 4) Boundaries, 5) Seepage Measuring and Accounting, 6) Trans-Boundary Effects, 7) Accounting of Associated Project Emissions (Leakage), 8) Risk and Safety Assessment, and 9) Liability Under the CDM Scheme. The CMP, by its decision 7/CMP.6, invited Parties to submit their views to the secretariat of Subsidiary Body for Scientific and Technological Advice (SBSTA), SBSTA prepared a draft modalities and procedure by exchanging views of Parties through workshop held in Abu Dhabi, UAE (September 2011). The 7th CMP (Durban, December 2011) finally adopted the modalities and procedures for CCS as CDM project activities (CMP[2011], Decision-/CMP.7). The inclusion of CCS as CDM project activities means that CCS is officially accredited as one of $CO_2$ reducing technologies in global carbon market. Consequently, it will affect relevant technologies and industry as well as law and policy in Korea and aboard countries. This paper presents a progress made on discussion and challenges regarding the issue, and aims to suggest some considerations to policy makers in Korea in order to demonstrate and deploy the CCS project in the near future. According to the adopted modalities and procedures for CCS as CDM project activities, it is possible to implement relevant CCS projects in Non-Annex I countries, including Korea, as long as legal and regulatory frameworks are established. Though Korea enacted 'Framework Act on Low Carbon, Green Growth', the details are too inadequate to content the requirements of modalities and procedures for CCS as CDM project. Therefore, it is required not only to amend the existing laws related with capture, transport, and storage of $CO_2$ for paving the way of an prompt deployment of CCS CDM activities in Korea as a short-term approach, but also to establish the united framework as a long-term approach.

Evaluation and Improvement Measures on the Status of the Installation and Operation of Facilities for Recycling Food Waste into Resources (음식물 자원화시설의 설치·운영에 대한 일반현황의 평가 및 개선 방안)

  • Ryu, Ji-Young;Kong, Kyu-Sik;Shin, Dae-Yewn;Phae, Chae-Gun
    • Journal of the Korea Organic Resources Recycling Association
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    • v.12 no.3
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    • pp.63-75
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    • 2004
  • This research sought to determine the status of the installation and operation of domestic public resource-making facilities of resource-making facilities and come up with corresponding improvement measures. Currently compost is most numerous set-up out of facilties already established ever since, then the rest of them are feeds, anaerobic degradation, sewage combination, and combination of compost and feeds in order. As such, food waste is processed more into compost than into feeds, presumably because relevant facilities, which were originally designed for processing into feeds, were converted into composting facilities due to little demand for the processed feeds. The finding says that many related firms had yet to register their businesses in accordance with feeds and fertilizers management laws, and that food waste resources-making facilities used various basic facilities but few of them treated food waste in linkage with leaching water, bad odors, and energy. Some of current facilities were found to be 7 years old and thus outdated. Due to lack of skilled operational manpower, many facilities had less than 300 days of normal operation yearly, and some needed minor and serious repairs periodically. In overall facilities, 87% of the planned food waste was rolled in, thus requiring measures to treat the whole planned volume. For costs of resource-making facilities, some with a capacity of below 50 tons topped 100 million won, and facilities with a capacity of over 50 tons required less installation costs. Overall, installation costs ranged from 10 million to 20 million, and to 200 million won per ton, and this suggests a need to establish the installation cost calculation criteria, as well as to reshape the facility criteria. With operating costs varying greatly according to the size and treatment methods of facilities, the finding indicates a need to rationalize the operating costs, and to plan appropriate-size installation and operation of facilities to ensure economic operation.

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A Comparative Analysis over News Framing of the Abolition of the Family Headship (Hoju) System: Examining Three Major Korean Dailies: Chosun, Kukmin, Hankyoreh (호주제 폐지에 대한 뉴스 프레이밍 비교 연구: 조선일보, 국민일보, 한겨레신문을 중심으로)

  • Lee, Min-Kyu;Kim, Su-Jeong
    • Korean journal of communication and information
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    • v.34
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    • pp.132-160
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    • 2006
  • The main purpose of this study is based on the comparative analysis over news framing of the family headship(Hoju) abolition in Korean society. This study examined the newspaper articles involving the Hoju abolition, which had been printed on the three major dailies, Chosun, Kukmin, Hankyoreh through February of 1990 to July of 2005. First, the news articles were analyzed and classified on the basis of their lengths, news types, main characters, news framing and systematic framing. Second, the articles that this study looked into were divided into the five major periods when the issue of the Hoju abolition in Korean society surfaced as a main social agenda to be discussed. Third, the main differences between the noticeable frame and unnoticeable frame in each period were analyzed through the three different perspectives which can also can be sub-divided into the six different attributes. This study found that the Hoju abolition as an attribute had developed into political, legal and social fields. The analysis of the research shows that the articles related to the patriarchy abolition showed more dominant frame which reflected the social change or the general tendency of the times. However, the analysis indicates that the articles in the level of an attribute included more dominant frame which mirrored a male chauvinism society. It also points out that the articles contained more dominant frame which was be used as a standard to find out the readers' political inclination. The articles also showed the dominant frame which included the revision and legal process of family laws before presidential or general election campaigns. The study also found that there were major differences among the three dailies. First of all, Chosun, regarded the Hoju as a custom by stressing that 'it is necessary to keep Hoju system to intensify the role and crisis of family if the Hoju will be abolished'. However, Hankyoreh recognized the issue as an important one to improve feminism and female rights by maintaining that 'it is the time to balance the inequality out between men and women with the abolition of patriarchy'. Finally, Kukmin treated the issue as an first step to acknowledge the dignity of females by emphasizing that 'a revision of the law is essential to accept the changing ethics of the times'.

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The Liability of Participants in Commercial Space Ventures and Space Insurance (상업우주사업(商業宇宙事業) 참가기업(參加企業)의 책임(責任)과 우주보험(宇宙保險))

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.101-118
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    • 1993
  • Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

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The Characteristic of the Carrier's Liability Due to the Illegal Act of the Crew during International Air Transportation (국제항공운송 과정에서의 기장 등의 직무상 불법행위에 기한 운송인의 손해배상책임이 가지는 특수성)

  • Kim, Min-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.3-37
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    • 2020
  • The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.