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Compensation for flight delay and Regulation (EC) No. 261/2004 - Based on recent cases in Royal Courts of Justice - (항공기 연착과 Regulation (EC) No. 261/2004의 적용기준 - 영국 Royal Courts of Justice의 Emirates 사건을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.3-31
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    • 2017
  • On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

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Review of the Modern Values of East and West Moat Culture (동·서양 해자(垓字) 문화의 현대적 가치 재조명)

  • Jung, Yong-Jo
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.35 no.1
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    • pp.25-35
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    • 2017
  • The purpose of this study is to re-exam of the modern values of a moat to utilize it with various functions such as a military defense on the outskirts of the castle, dividing the space by its boundary, controlling the micro-climate in the worsening modern environment with temperature rise due to climate change and habitat reduction of animals, and providing the habitat of animals to modern urban space, etc. The scope of the study is focusing on the castles with the moat installed to prevent the enemy from accessing directly to the wall using a pond or water path for military defense on the outskirts of the castle or to divide it into boundaries. In the Orient, the Nakan Eupseong, Haemi Eupseong, Gyeongju Wolseong in Korea and the Forbidden City in China, and Nijo Castle and Osaka Castle in Japan were selected. In the West, Edinburgh Castle in Britain, Blois Castle in France, Chillon Castle in Switzerland, and Frederiksborg Castle in Denmark were selected for the study. As a research method, literature research and field research were conducted. For the Orient, it was conducted in parallel with the literature research and field research. For the western, it was mainly conducted with literature research. For the literature research, the origin of the moat, the concept of the moat, the function of the moat, the history and culture of the western moat are based on the data from the related institutions and previous studies. For the Orient field research, exploring was conducted in two to three times from Jan. 2016 to Dec. 2016 in each of the target areas of Nakan Eupseong, Haemi Eupseong, Gyeongju Wolseong in Korea and the Forbidden City in China, and Nijo Castle and Osaka Castle in Japan. The contents of the research were analyzed through interviews, photographs, measurements, and observations on the function, size, and characteristics of the moat of each target. The results of this study are as follows. The moat was a structure installed to set a boundary for military defense facilities on the outskirts of a castle and it played an important role as a part of the city in the ancient times of Asia and the West through the Middle Ages. The role of the moat is gradually disappearing due to the disappearance of the purpose of military defense. However, moats are excluded from modern landscape planning, despite the fact that a moat filled with water is a hydrophilic space with great historical and cultural value such as various cultural activities and providing habitats for animals. By reflecting on the moats various functions in modern cities and utilizing it, it is expected to be utilized to bring pleasant air into the city where the circulation of air is blocked and energize the city as a hydroponic element.

Hydrochemical characteristics in groundwater affected by reclamation (해안가 매립으로 인한 지하수의 수리화학적 특성)

  • 서정율
    • The Journal of Engineering Geology
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    • v.14 no.1
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    • pp.1-20
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    • 2004
  • This study focuses on the hydrochemical characteristics in goundwater affected by reclamation at 2000 Sydney Olympic Games site, Sydney, Australia. The Olympic Games site can be divided into three areas, i.e. reclaimed areas; landfill areas and non-infilled areas. In the current work, 'reclaimed areas' were previously estuarine, and were filled with waste materials and are now above present high tide level, whereas 'landfill areas' are areas where deposition of waste materials occurred above sea level. No deposition of waste took place in 'non-infilled areas'. This study was also evaluated by three different types such as deep boreholes, shallow boreholes and standpipes. The hydrochemishy of groundwaters in reclaimed and non-in-filled areas is characterized by Mg- and Ca-enrichment, whereas groundwaters in landfill areas are elevated in K and NO₃. Na, K and Mg are the dominant cations in groundwater from reclaimed areas and Na and K are the dominant cations in groundwater in landfill areas. Na and Mg are the dominant cations in groundwater in deep boreholes, whereas Na and K are the dominant cations in groundwater in shallow boreholes and standpipes. There is no distinct trend in heavy metals with electrical conductivity in the groundwater between the re-claimed, landfill and non-infilled areas. Fe and Mn in landfill areas with respect to reclaimed areas and non-infilled areas show a distinct increase in concentration with declining pH. Mean electrical conductivity values in the deep and shallow boreholes are higher than that of standpipes, but the minimum and maximum value of electrical conductivity in groundwater in standpipes shows remarkably different value, probably due to perched pond. There is no correlation between Cu, Pb, Zn, Cr concentrations in groundwater with pH, from deep boreholes, shallow boreholes and standpipes, except for Fe and Mn, which demonstrate increasing concentrations with declining pH. The results revealed a close association between elevated concentrations in groundwater and the presence of fill materials at the site. Trace metals teachability from re-claimed soils adjacent to estuary plays a significant role in determining their potential environmental risk to surrounding environment.

Distribution Characteristics of Heavy Metals for Tidal Flat Sediments in the Saemankeum Area (새만금 갯벌의 중금속 분포 특성)

  • KIM Jong-Gu;YOO Sun-Jae;CHO Eun-Il;AHN Wook-Sung
    • Korean Journal of Fisheries and Aquatic Sciences
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    • v.36 no.1
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    • pp.55-61
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    • 2003
  • This study was conducted to evaluate distribution and behavior characteristics of heavy metals for tidal flat sediments in the Saemankeum area. The value of heavy metal contents in the tidal flat sediments were higher than that surveyed in 1994, but showing that it's lower when compared with the value of Shiwha lake. Enrichment factors in the tidal flat sediments showed below 1 except for Pb and Zn. Metal excesses was appeared that Cu, Cr, Fe, Mn lacked and Pb, Zn were high. The correlation analysis between heavy metals and organic matters was found high positive relationship (r=0.424$\~$0.839), especially correlation coefficient between ignition loss and oxide Al, Fe, Mn showed high positive relationship above 0.7. The correlation analysis between Brain size and hear metals was found that as grain size was small, heavy metals contents were increased. Correlation coefficient between silt and heavy metals except for Cu, Pb showed high positive relationship as 0.552$\~$0.732.

Interpretation of Interaction of Herbicides on Principal Paddy Weeds - By Use of Oxyfluorfen and Bensulfuron-methyl Data - (주요(主要) 논 잡초종(雜草種)에 대한 제초제간(除草劑間)의 상호작용효과(相互作用效果) 해석연구(解析硏究) - Oxyfluorfen과 Bensulfuron을 예(例)로 -)

  • Han, J.H.;Guh, J.O.;Chon, S.U.;Kwon, O.D.
    • Korean Journal of Weed Science
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    • v.12 no.2
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    • pp.144-157
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    • 1992
  • The study was conducted to compare the interprete methods and examine the feasibility of mixture use of oxyfluorfen and bensulfuron in controlling principal Paddy weeds, annuals and perennials. Application ratio of both chemicals were obtained from the combinations of 5 levels(0, 5, 10, 15, 20 g ai/ha) of each chemicals, respectively. All the treatments were applied at 5 days after transplanting and water was maintained at 3.0cm in depth. Shoot fresh-weight of weeds was assessed at 35 days after treatments. Data obtained was analysed by Colby, Isobole, Calculus, Regression and EQM method, respectively. The results from the analysis of variance on the principal weeds treated with oxyfluorfen and bensulfuron showed significant interactions at 1% level on both Echinochloa crus-galli and Eleocharis Kuroguwai, and total species at 0.5% level on both Potamogeton distinctus and Cyperus serotinus, but non significant on Scirpus juncoides and Sagittaria pygmaea. Thereafter, the results of the models applied to Echinochloa crus-galli, Eleocharis kuroguwai and total species were as follows ; 1. The Colby method gave values nearly identical to regression estimate method (both multiplicative models) as provided by Akobundu et al. The Colby method and Regression method indicated synergistic toward Echinochloa curs-galli, and total species, but antagonistic toward Eleocharis kuroguwai. 2. The Isobole method shows synergism on Echinochloa crus-galli at $ID_{50}$, and total species at $ID_{60}$ on Eleochari kuroguwai. 3. The Calculus method gave positive signs for the first differentiation and negative signs for the second differentiation except for some rates on Echinochloa crus-galli and total species, but reverse on Eleocharis kuroguwai. These result does not agree with the observed values. 4. ${\theta}$ value from the EQM method was greater than one at all combinations. This result was quite different from those of other methods. 5. The various models did not show the same results, but mixture of oxyfluorfen and bensulfuron tend to have synergistic effect. Weeding effect also was high. Treatment in terms of two chemical combination was expected to reduce rates, and to enhence weeding efficacy compared with single treatment.

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Anatomical Difference in Selectivity between Paddy Rice and Weed Species by Mixture Use of Oxyfluorfen and Bensulfuron (Oxyfluorfen 및 Bensulfuron 조합처리(組合處理)에 의한 벼 및 수종(數種) 잡초종간(雜草種間)의 선택반응상(選擇反應相)의 해부학적(解剖學的) 비교연구(比較硏究))

  • Guh, J.O.;Chon, S.U.;Han, S.U.;Kuk, Y.I.
    • Korean Journal of Weed Science
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    • v.12 no.2
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    • pp.132-143
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    • 1992
  • The study was conducted to find out synergistic effects by interaction on the basis on anatomical changes between paddy rice and weed species by mixture use of oxyfluorfen and bensulfuron at 0, $10^{-6}$ and $10^{-4}$M, respectively. Tissues were sampled at 72 hrs after soaking treatment and prepared for light microscopic examination and sectioned longitudinally and transversely stem into $8{\mu}m$ thick. As the results of microscopic examination, the major response of treated plant involved rupture and constrict in mesophyll cells and epidermal cells, and shrinks in bundle sheath cells by oxyfluorfen and disorganization and swelling in meristems by bensulfuron. Anatomical changes in rice was the least affected by even high concentration and two herbicide mixtures, whereas Echinochloa crus-galli was severely disorganized in meristem regions and ruptured in epidermal cells by mixture use. Monochoria vaginalis was completely ruptured by any treatment concentrations and mixtures. Scirpus juncoides was considerably tolerant to both herbicides and their mixture and was similar to those that occur in rice. Perennial weed, Sagittaria pigmaea was observed vacuolation, non-nucleation of cell, and irregular cell layering but in mixture injury was slight. Cyperus serotinus was severely shrunk and ruptured by mixture treatment. Eventually anatomical variations in all weed species was shown synergistic effect by use of herbicide mixtures.

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Fish Community Structure Analysis and Ecological Health Assessments in the Headwater Watershed of Nakdong River (낙동강 상류 수계의 어류 군집 구조 분석 및 생태건강도 평가)

  • Lee, Jae-Hoon;Hong, Young-Pyo;An, Kwang-Guk
    • Korean Journal of Ecology and Environment
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    • v.40 no.3
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    • pp.403-411
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    • 2007
  • The purpose of the study was to evaluate fish community, based on conventional at Shannon-Weaver diversity index (H'), and ecological health, based on the Index of Biological Integrity (IBI) using fish assemblage in the eight sites of Nakdong River during June${\sim}$August 1999. Total number of species sampled was 19 species, and two sensitive species of Zacco temminckii (51%) and Rhynchocypris oxycephalus (28%) dominated the fish community. Also, trophic guild analyses showed that insectivore was 87% of the total and omnivore was rare, indicating that the ecological health is well maintained in the system. The pattern of spatial variation in the diversity index(H') was very similar to patterns of the species number and individual number, whereas the pattern of H' was not matched with the tolerance and trophic guild data. The diversity index (H') showed highest (1.56) in Site 6 where the proportion of sensitive species and tolerant species was minimum and maximum, respectively, and where the insectivore and omnivore were minimum and maximum. In other words, the diversity index was not matched at all with the trophic and tolerant guilds, indicating that the conventional index did not reflect the ecological characteristics of fish community in the system. In the mean time, the ecological health (IBI) averaged 33.5 (n=8), indicating "good${\sim}$fair condition" and the IBI values matched with trophic and tolerance guilds. Maximum IBI occurred in Site 2 where the sensitive and msectivore species were nearly maximum, and the tolerant and omnivore species were almost minima, indicating that IBI values were closely associated with the ecological functions and health conditions. Overall data suggest that the conventional diversity index may not effective for a evaluation of fish community, and that in contrast the IBI approach may be a useful tool for diagnosis of stream community.

An Analysis of Three Stages of Desire in S. Kierkegaard : a Study on the Aesthetic Basis of Juvenile Suicide (키에르케고어의 욕망의 삼 단계 분석 : 청소년 자살의 심미적 토대 연구)

  • Kim, Sun-hye;Park, Jung-sun
    • Journal of Korean Philosophical Society
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    • v.145
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    • pp.167-194
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    • 2018
  • According to the result of 2017 youth statistics, the first rank of the death cause of Korean youth is suicide for nine years. The recent study on factors affecting juvenile suicide presents: family factors; character and psychological factors; mental disease factors; suicide-triggering factors; school factors; and protection factors; and so on. What is required to the youth who are vulnerable to the confusion of identity and the adjustment of emotion or impulse is not only drug treatment or mental therapy but also the support of family or society where adolescents are encouraged to be introspective and form their identity in a healthy approach in the diverse humanistic philosophical dimension. This study is going to pay attention to the aesthetic existence of Kierkegaard who provided the foundation of human existential identity centered on three stages of existence. For this purpose, we attempt to search for the philosophical basis for the understanding of juvenile identity centered on the analysis of Kierkegaard's Either / Or Volume I (Entweder - Oder Teil I). Especially, we are going to attempt the understanding of aesthetics of youth through the analysis of three stages of desire (Begierde) suggested in Chapter 2 of this book. Herewith he suggests aesthetic existence through 'desire', and aesthetic existence as the desire again through three stages of 'dreaming ($tr{\ddot{a}}umend$)' desire, 'searching (suchend)' desire, and 'desiring (begehrend)' desire. Based on this analysis of three stages, we plan to graft the roots of sociological factors presented as the cause of youth's suicide onto the analysis of existential philosophy. Through this, we attempt to grope for the diagnostic and healing discourse which Kierkegaard's existential analysis can present in the formation and recognition of youth identity and disclose a factor of the emotion or the disorder of impulse adjustment as well as depression suggested as the main contributing factor of youth's suicide and search for philosophical discourse for the prevention of juvenile suicide.

Biodiversity and Characteristic Communities Structure of Freshwater Ecosystems in the Western Area of DMZ, Korea (민통선이북지역(DMZ) 서부평야 일대의 수생태계 생물다양성 및 군집 특성)

  • Jung, Sang-Woo;Kim, Yoon-Ho;Kim, Hyun-Mac;Kim, Su-Hwan
    • Korean Journal of Environment and Ecology
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    • v.32 no.6
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    • pp.603-617
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    • 2018
  • This study surveyed the diversity and community characteristics of benthic macroinvertebrates and freshwater fish, which are the main animal classifications in a hydro ecosystem, from May to September 2017 in the western plains of the Demilitarized Zone (DMZ). The results showed a total of 125 species of benthic macroinvertebrates belonging to 66 families, 19 orders, and four phyla in the streams and wetlands. Among benthic macroinvertebrates, Coleoptera (27 spp.: 21.60%) was the largest group in terms of species richness followed by Odonata (26 spp.: 20.80%), non-Insecta (22 spp.: 17.60%), and Hemiptera (11 spp.: 8.80%) occupying in the lentic area. Of the feeding function groups (FFGs), predators (51 spp.: 56.67%) showed a relatively larger presence, indicating the dominance of hygrophilous invertebrates that usually inhabit the freshwater wetlands or ponds. Of the habitat oriented groups (HOGs), climbers (33 spp.: 24.44%) and burrowers (17 spp.: 12.59%) were the dominant groups. This observation is typical in a slow flowing habitat and can lead to the disturbance of the ecosystem due to cannibalism among predators. Cannibalism can be caused by stress induced by various population and environmental factors. For the ecosystem services benchmark (ESB) value, site 13 appeared to be the highest with 82 marks while other sites showed relatively lower rates and indices (III water quality class with ${\alpha}$-mesosaprobic). The analysis result of stability factors showed that almost all sites were evaluated to be the I characteristic group with high resilience and resistance or the III characteristic group that was sensitive to environmental disturbance and formed uneven and unstable communities. Of the freshwater fishes, 46 species (3,405 individuals) belonging to 39 families and 18 orders were identified in all the investigated sites. Among them, Cyprinidae (30 spp.: 65.2%) was the largest group, and Zacco koreanus was identified as the dominant species (728 individuals, 21.4%). The survey of freshwater fish communities found both stable communities (sites 7 and 13) with low dominant index (0.39) and high diversity index (2.29) and unstable communities (sites 2, 3, 8, and 10) in opposite tendency. This survey found five Korean endemic species, 17 species belonging to the export controlled species, two endangered species level II (Lethocerus deyrollei and Cybister chinensis), and rare species (Dytiscus marginalis czerskii) among benthic macroinvertebrates. The survey also found an invasive species, Ampullarius insularus, which was distributed throughout the whole area and thus can continuously disturb the ecosystem in the western plain area in the DMZ. Of freshwater fish, one natural monument (Hemibarbus mylodon) and three endangered species level II (Acheilognathus signifer, Gobiobotia macrocephalus, and G. brevibarba) were observed. The survey also found four introduced species (Pomacea canaliculate, Carassius cuvieri, Lepomis macrochirus, Micropterus salmoides) in the western DMZ area, indicating the need for the protection and conservation measures.

Cytotoxicity of Particulate Matter in Various Human Cells Lines (미세먼지가 다양한 사람 세포주에 미치는 세포 독성)

  • Lee, Ji-Hyeon;Lee, Joo-Yeong;Kim, Mi-Jeong;Kim, Hyeon-Ji;Lee, Sung-Ho;Jeon, Byeong-Gyun
    • Journal of Life Science
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    • v.29 no.6
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    • pp.724-734
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    • 2019
  • The present study investigated the cytotoxicity of particulate matter (PM) derived from car air filter (outdoor PM) and home cleaner filter (indoor PM) in the various human cell lines. Each outdoor and indoor PM were harvested by ethanol extraction method, subsequently sieved with 10 um filter paper, sterilized with autoclave and added to culture media. The half maximal inhibitory concentration ($IC_{50}$) values was significantly (p<0.05) lower in the outdoor PM, compared with indoor PM, and the significantly (p<0.05) higher $IC_{50}$ values were observed in the cancer cell lines (A-549 lung adenocarcinoma and AGS stomach adenocarcinoma), than those of normal MRC-5 fibroblasts and dental papilla tissue derived-mesenchymal stem cells (DSC). After being exposed to $100{\mu}g/ml$ outdoor PM for 7 days, the population doubling time (PDT) was significantly (p<0.05) increased in especially MRC-5 and DSC cell lines, compared with untreated cell lines. Further, the expression of senescence-associated ${\beta}$-galactosidase activity was up-regulated in all the cells exposed to outdoor PM than those of untreated control. Besides, the expression level of inflammation-associated genes, such as cyclooxygenase-2 (COX-2) and interleukin-6 (IL-6) was found to be significantly (p<0.05) increased in the outdoor PM-treated cell lines than those of untreated cell lines. Our results showed that PM induces the cytotoxicity via arrest of cell growth, cell damage and inflammation response.