• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.147-176
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• 2011

China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.345-366
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• 2018

Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

• Journal of Korean Tunnelling and Underground Space Association
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• v.24 no.4
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• pp.327-339
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• 2022

The purpose of this study is to present the effective smoke control flow rate and mode for securing safety through quantitative risk assessment according to the smoke control flow rate and mode (supply or exhaust) of the platform when a train fire occurs at the subway platform. To this end, a fire outbreak scenario was created using a side platform with a central staircase as a model and fire analysis was performed for each scenario to compare and analyze fire propagation characteristics and ASET, evacuation analysis was performed to predict the number of deaths. In addition, a fire accident rate (F)/number of deaths (N) diagram (F/N diagram) was prepared for each scenario to compare and evaluate the risk according to the smoke control flow rate and mode. In the ASET analysis of harmful factors, carbon monoxide, temperature, and visible distance determined by performance-oriented design methods and standards for firefighting facilities, the effect of visible distance is the largest, In the case where the delay in entering the platform of the fire train was not taken into account, the ASET was analyzed to be about 800 seconds when the air flow rate was 4 × 833 m³/min. The estimated number of deaths varies greatly depending on the location of the vehicle of fire train, In the case of a fire occurring in a vehicle adjacent to the stairs, it is shown that the increase is up to three times that of the vehicle in the lead. In addition, when the smoke control flow rate increases, the number of fatalities decreases, and the reduction rate of the air supply method rather than the exhaust method increases. When the supply flow rate is 4 × 833 m³/min, the expected number of deaths is reduced to 13% compared to the case where ventilation is not performed. As a result of the risk assessment, it is found that the current social risk assessment criteria are satisfied when smoke control is performed, and the number of deaths is the flow rate 4 × 833 m³/min when smoke control is performed at 29.9 people in 10,000 year, It was analyzed that it decreased to 4.36 people.

• Journal of Science of Art and Design
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• v.11
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• pp.109-152
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• 2007

This thesis started from accepting the criticism and concretely seeking the possibility of visual visuality, in particular, visual physicality or physical visuality through the expression revealed in painting space. This study aims at stressing the role of the body in visual perception and pictorial expression by it by examining the interaction between it and the body. First of all, this study explored perception and the position of the body in the great frame of the historical stream from modernism, through minimalism, through post-minimalism to later art in order to confirm the interaction between visual perception and the body or the change in the intervention of physicality in the stream of contemporary art, and connected them with a discourse on perception and the body. It raised as the grounds for it the discussions which provided the theoretical background about perception. It dealt with the scientific discussions on perceptual physicality by Gestalt psychology in perceptive psychology, and next the discussion of Rudolf Arnheim who exemplified Gestalt psychology mainly on the dimension of visual art. It is significant in explaining the perceptual activeness which is the same as that of M. Merleau-Ponty as a primary debater to solve the questions of perceptual physicality and physical visuality. M. Merleau-Ponty set forth ambiguous perception and the body as its background as the fundamental bases for perceiving the world rather than consciousness proved explicitly. As Hal Foster said, as minimalist phenomenological background they provided appropriate theoretical background to the late art rising against modernist logic. Next, after the 1970s Frank Stella showed a working method and a tendency entirely different from those in the previous period. For example, deconstruction of frame, decentralized spatial expression, dynamic and mixed expression, and allowing real space by overlapping were judged to swing to approval of perceptual physicality. Francis Bacon's painting structure, that is, figure, triptych, aplat and a method of production by accident were understood to well reflect M. Merleau-Ponty's chair logic of chiasme. This study tries to seek the possibility of pictorial expression from works aiming at defining the question of seeing in connection with physicality, the role of the body as the body accumulated and the linking with a real, daily life as the background of the body, and confirm the phase shift.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.3-51
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• 2017

From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

• International Journal of Highway Engineering
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• v.7 no.4 s.26
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• pp.151-162
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• 2005

Variable Message Sign (VMS), which provides drivers with direct information about state of traffic congestion and for prevent an accident, is the most effective method among the methods of providing information in Advanced Transportation Management System. Currently establishment and the VMS which is operated foundation lets in Guidelines on the use of Variable message sign (a book of the VMS) of 1999 November the Ministry Construction & Transportation, these contents mean main viewpoint on physical part such as message special quality variable (font, character size and line space, word interval) and position mainly among standard about establishment in general. But, it is true that using without effect verification on the character of VMS display and that using mode of stationary-centered. In this paper, it executed significance test to effort verification on the character of VMS display for more practical and effective information transmission based on the driver viewpoint For the researches; develop 3D-Simulation, select characteristics of driver's visual cognition behavior (the conspicuity, the legibility and the comprehensibility), evaluation each issue (day or night, 80km/h or 100km/h). Especially, that used the Eye Marker Recorder to measure of reading-time (legibility) thus, confirmed objectivity and reduce an observational error. The results showed that the conspicuity is Flashing> Stationary>Scroll. The legibility is not deference that Flashing between stationary form. Also the comprehensibility result showed that Flashing> Stationary>Stroll form.

• Journal of the Society of Disaster Information
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• v.19 no.4
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• pp.869-881
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• 2023

Purpose: This study aims to come up with improvement measures to improve the effectiveness of child safety measures. Method: The current status of child safety accidents was investigated and implications were deduced by analyzing major child safety measures by government department in the past. In addition, a perception survey was conducted on 1,000 people including children, guardians, and children's facility workers who are subject to child safety policies. Result: Regarding the safety of children's living space(environment), 35.3% of guardians answered that more than 1/3 of them were not safe. Both guardians(95.3%) and children's facility workers(89%) answered that there was the highest risk of 'traffic accidents', and the second risk factor was parents(carelessness of workers at children's facilities) and children's facility workers(careless of guardians at home). Looking at the risks by place, "road and sidewalk" was the most dangerous place and for child safety, guardians(64.3%) and workers (78.3%) both said that the role of "parent" is the most important. For improvements to prevent child safety accidents, the response rate of "strengthening safety management of road traffic facilities" is the most necessary with 75.8% for guardians and 65% for child use facilities. Conclusion: The reinforcement measures to strengthen the effectiveness of child safety measures are as follows. First, in order to ensure the continuity of child safety measures, it should be operated effectively so that those subject to the establishment of the Comprehensive Plan for Child Safety, which took effect in August 2022, can feel it. Second, in order to improve the sensitivity of children's policy targets, promotion measures that take into account the characteristics of each child safety field should be continuously strengthened. Third, it is necessary to expand safety infrastructure for each field to secure child safety. Fourth, it is necessary to strengthen safety education that can ensure safety for children themselves and to come up with detailed measures to make safety education for parents(guardians) mandatory.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.37-81
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• 2015

AirAsia QZ8501 Jet departed from Juanda International Airport in, Surabaya, Indonesia at 05:35 on Dec. 28, 2014 and was scheduled to arrive at Changi International Airport in Singapore at 08:30 the same day. The aircraft, an Airbus A320-200 crashed into the Java Sea on Dec. 28, 2014 carrying 162 passengers and crew off the coast of Indonesia's second largest city Surabaya on its way to Singapore. Indonesia's AirAsia jet carrying 162 people lost contact with ground control on Dec. 28, 2014. The aircraft's debris was found about 66 miles from the plane's last detected position. The 155 passengers and seven crew members aboard Flight QZ 8501, which vanished from radar 42 minutes after having departed Indonesia's second largest city of Surabaya bound for Singapore early Dec. 28, 2014. AirAsia QZ8501 had on board 137 adult passengers, 17 children and one infant, along with two pilots and five crew members in the aircraft, a majority of them Indonesian nationals. On board Flight QZ8501 were 155 Indonesian, three South Koreans, and one person each from Singapore, Malaysia and the UK. The Malaysia Airlines Flight 370 departed from Kuala Lumpur International Airport on March 8, 2014 at 00:41 local time and was scheduled to land at Beijing's Capital International Airport at 06:30 local time. Malaysia Airlines also marketed as China Southern Airlines Flight 748 (CZ748) through a code-share agreement, was a scheduled international passenger flight that disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing's Capital International Airport (a distance of 2,743 miles: 4,414 km). The aircraft, a Boeing 777-200ER, last made contact with air traffic control less than an hour after takeoff. Operated by Malaysia Airlines (MAS), the aircraft carried 12 crew members and 227 passengers from 15 nations. There were 227 passengers, including 153 Chinese and 38 Malaysians, according to records. Nearly two-thirds of the passengers on Flight 370 were from China. On April 5, 2014 what could be the wreckage of the ill-fated Malaysia Airlines was found. What appeared to be the remnants of flight MH370 have been spotted drifting in a remote section of the Indian Ocean. Compensation for loss of life is vastly different between US. passengers and non-U.S. passengers. "If the claim is brought in the US. court, it's of significantly more value than if it's brought into any other court." Some victims and survivors of the Indonesian and Malaysia airline's air crash case would like to sue the lawsuit to the United States court in order to receive a larger compensation package for damage caused by an accident that occurred in the sea of Java sea and the Indian ocean and rather than taking it to the Indonesian or Malaysian court. Though each victim and survivor of the Indonesian and Malaysia airline's air crash case will receive an unconditional 113,100 Unit of Account (SDR) as an amount of compensation for damage from Indonesia's AirAsia and Malaysia Airlines in accordance with Article 21, 1 (absolute, strict, no-fault liability system) of the 1999 Montreal Convention. But if Indonesia AirAsia airlines and Malaysia Airlines cannot prove as to the following two points without fault based on Article 21, 2 (presumed faulty system) of the 1999 Montreal Convention, AirAsia of Indonesiaand Malaysia Airlines will be burdened the unlimited liability to the each victim and survivor of the Indonesian and Malaysia airline's air crash case such as (1) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents, or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. In this researcher's view for the aforementioned reasons, and under the laws of China, Indonesia, Malaysia and Korea the Chinese, Indonesian, Malaysia and Korean, some victims and survivors of the crash of the two flights are entitled to receive possibly from more than 113,100 SDR to 5 million US$ from the two airlines or from the Aviation Insurance Company based on decision of the American court. It could also be argued that it is reasonable and necessary to revise the clause referring to bodily injury to a clause mentioning personal injury based on Article 17 of the 1999 Montreal Convention so as to be included the mental injury and condolence in the near future.