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On the Novel Concept of "Accident" in the 1999 Montreal Convention -GN v. ZU, CJEU, 2019. 12. 19., C-532/18- (1999년 몬트리올 협약상 "사고"의 새로운 개념에 대한 고찰 - GN v. ZU, CJEU, 2019.12.19., C-532/18 -)

  • An, Ju-Yun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.3-40
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    • 2020
  • The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

Electrochemical Characteristics of LiNi0.5Mn1.5O4 Spinel as 5 V Class Cathode Material for Lithium Secondary Batteries (5V급 고전압 양극 LiNi0.5Mn1.5O4 Spinel의 제조와 전기화학적 특성에 관한 연구)

  • Jeon, Sang-Hoon;Oh, Si-Hyoung;Lee, Byung-Jo;Cho, Won-Il;Cho, Byung-Won
    • Journal of the Korean Electrochemical Society
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    • v.8 no.4
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    • pp.172-176
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    • 2005
  • Recently, many researches on the high-voltage 5 V class cathode material have focused on $LiNi_{0.5}Mn_{1.5}O_4$, where $Mn^{3+}$ in the existing $LiMn_2O_4 (Li[Mn^{3+}][Mn^{4+}]O_4)$ is replaced by $Ni^{2+}(Li[Ni^{2+}]_{0.5}[Mn^{4+}]_{1.5}O_4)$ in order to utilize $Ni^{2+}/Ni^{4+}$ redox reaction in the 5V region. The partial substitution of Mn in $LiMn_2O_4$ for other transition metal element, $LiM_yMn_{1-y}O_4$(M=Cr, Al, Ni, Fe, Co, Cu, Ga etc) is known as a good solution to overcome the problems associated with $LiMn_2O_4$ like the gradual capacity fading. In this study, we synthesized $LiNi_{0.5}Mn_{1.5}O_4$ through a mechanochemical process and investigated its morphological, crystallographic and electrochemical characteristics. The results showed that 4 V peaks had been found in the cyclic volammograms of the synthesized powders due to the existence of $Mn^{3+}$ from the incomplete substitution of $Ni^{2+}$ for $Mn^{3+}$ implying that the mechanochemical activation alone was not good enough to synthesize an exact stoichiometric compound of $LiNi_{0.5}Mn_{1.5}O_4$. The synthetic condition of mechanochemical process, such as type of starting materials, ball-mill and calcination condition was optimized for the best electrochemical performance.

A Polarization-based Frequency Scanning Interferometer and the Measurement Processing Acceleration based on Parallel Programing (편광 기반 주파수 스캐닝 간섭 시스템 및 병렬 프로그래밍 기반 측정 고속화)

  • Lee, Seung Hyun;Kim, Min Young
    • Journal of the Institute of Electronics and Information Engineers
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    • v.50 no.8
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    • pp.253-263
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    • 2013
  • Frequency Scanning Interferometry(FSI) system, one of the most promising optical surface measurement techniques, generally results in superior optical performance comparing with other 3-dimensional measuring methods as its hardware structure is fixed in operation and only the light frequency is scanned in a specific spectral band without vertical scanning of the target surface or the objective lens. FSI system collects a set of images of interference fringe by changing the frequency of light source. After that, it transforms intensity data of acquired image into frequency information, and calculates the height profile of target objects with the help of frequency analysis based on Fast Fourier Transform(FFT). However, it still suffers from optical noise on target surfaces and relatively long processing time due to the number of images acquired in frequency scanning phase. 1) a Polarization-based Frequency Scanning Interferometry(PFSI) is proposed for optical noise robustness. It consists of tunable laser for light source, ${\lambda}/4$ plate in front of reference mirror, ${\lambda}/4$ plate in front of target object, polarizing beam splitter, polarizer in front of image sensor, polarizer in front of the fiber coupled light source, ${\lambda}/2$ plate between PBS and polarizer of the light source. Using the proposed system, we can solve the problem of fringe image with low contrast by using polarization technique. Also, we can control light distribution of object beam and reference beam. 2) the signal processing acceleration method is proposed for PFSI, based on parallel processing architecture, which consists of parallel processing hardware and software such as Graphic Processing Unit(GPU) and Compute Unified Device Architecture(CUDA). As a result, the processing time reaches into tact time level of real-time processing. Finally, the proposed system is evaluated in terms of accuracy and processing speed through a series of experiment and the obtained results show the effectiveness of the proposed system and method.

Flowering and Pod Setting Characteristics of Peanut Varieties as Affected by Planting Date (파종기에 따른 땅콩 품종의 개화 및 결협 특성)

  • 정영근;오윤섭;김종태;오명규;박기훈;박문수
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.42 no.4
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    • pp.410-415
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    • 1997
  • To investigate the flowering and pod setting characteristics of peanut, Dae-kwangtangkong and Shinnamkwangtangkong were planted on April 20 and May 10 in 1994 at National Honam Agricultural Experiment Station. Number of days from planting to the maximum flowering in Daekwangtangkong were shorter than those of Shinnamkwangtangkong by 6 days in April 20 planting and by 13 days in May 10 planting. Flowering durations of Daekwangtangkong and Shinnamkwangtangkong in April 10 planting were 73 and 71 days, respectively, while those of both varieties were 64 days in May 10 planting. The rates of matured pods on cotyledonary, primary or secondary, and third branches were 58∼78, 6∼15 and 0∼2%, respectively. The rates of effective flowers in Daekwantangkong and Shinnamkwangtangkong were 10% and 8%, respectively, in April 20 planting. The rates of matured pods were 100% in Daekwangtangkong and 97% in Shinnamkwangtangkong when pods were set within 15 days after the initial flowering, while the rate was decreased markedly when pods were set later than 35 days after the initial flowering.

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Usefulness of Breast Lymphoscintigraphy after Whole Body Bone Scan (유방암 환자에서 전신 뼈 검사 후 감시림프절 위치 파악 검사의 유용성)

  • Jang, Dong-Gun;Bahn, Young-Kag;Chung, Seok;Park, Hoon-Hee;Kang, Chun-Goo;Lim, Han-Sang;Kim, Jae-Sam;Lee, Chang-Ho
    • The Korean Journal of Nuclear Medicine Technology
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    • v.14 no.2
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    • pp.133-137
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    • 2010
  • Purpose: Breast cancer is known to be more vulnerable to bone metastasis and lymph node metastasis than other types of cancer, and nuclear examinations whole body bone scan and lymphoscintigraphy are performed commonly before and after breast cancer operation. In case whole body bone scan is performed on the day before lymphoscintigraphy, the radiopharmaceutical taken into and remaining in the bones provides anatomical information for tracking and locating sentinel lymph nodes. Thus, this study purposed to examine how much bone density affects in locating sentinel lymph nodes. Materials and Methods: The subjects of this study were 22 patients (average age $52{\pm}7.2$) who had whole body bone scan and lymphoscintigraphy over two days in our hospital during the period from January to December, 2009. In the blind test, 22 patients (average age $57{\pm}6.5$) who had lymphoscintigraphy using $^{57}Co$ flood phantom were used as a control group. In quantitative analysis, the relative ratio of the background to sentinel lymph nodes was measured by drawing ROIs on sentinel lymph nodes and the background, and in gross examination, each of a nuclear physician and a radiological technologist with five years' or longer field experience examined images through blind test in a five-point scale. Results: In the results of quantitative analysis, the relative ratio of the background to sentinel lymph nodes was 14.2:1 maximum and 8.5:1 ($SD{\pm}3.48$) on the average on the front, and 14.7:1 maximum and 8.5:1 ($SD{\pm}3.42$) on the average on the side. In the results of gross examination, when $^{57}Co$ flood phantom images were compared with images containing bones, the score was relative high as 3.86 ($SD{\pm}0.35$) point for $^{57}Co$ flood phantom images and 4.09 ($SD{\pm}0.42$) for bone images. Conclusion: When whole body bone scan was performed on the day before lymphoscintigraphy, the ratio of the background to sentinel lymph nodes was over 10:1, so there was no problem in locating lymph nodes. In addition, we expect to reduce examination procedures and improve the quality of images by indicating the location of sentinel lymph nodes using bone images as body contour without the use of a source.

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Research of Heavily Selective Emitter Doping for Making Solar Cell by Using the New Atmospheric Plasma Jet (새로운 대기압 플라즈마 제트를 이용한 태양전지용 고농도 선택적 도핑에 관한 연구)

  • Cho, I Hyun;Yun, Myung Soo;Son, Chan Hee;Jo, Tae Hoon;Kim, Dong Hea;Seo, Il Won;Rho, Jun Hyoung;Jeon, Bu Il;Kim, In Tae;Choi, Eun Ha;Cho, Guangsup;Kwon, Gi Chung
    • Journal of the Korean Vacuum Society
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    • v.22 no.5
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    • pp.238-244
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    • 2013
  • Doping process using laser is an important process in fabrication of solar cell for heat treatment. However, the process of using the furnace is difficult to form a selective emitter doping region. The case of using a selective emitter laser doping is required an expensive laser equipment and induce the wafer's structure damage due to high temperature. This study, we fabricated a new costly plasma source. Through this, we research the selective emitter doping. We fabricated that the atmospheric pressure plasma jet injected Ar gas is inputted a low frequency (a few tens kHz). We used shallow doping wafers existing PSG (Phosphorus Silicate Glass) on the shallow doping CZ P-type wafer. Atmospheric plasma treatment time was 15 s and 30 s, and current for making the plasma is 40 mA and 70 mA. We investigated a doping profile by using SIMS (Secondary Ion Mass Spectroscopy) and we grasp the sheet resistance of electrical character by using doping profile. As result of experiment, prolonged doping process time and highly plasma current occur a deeper doping depth, moreover improve sheet resistance. We grasped the wafer's surface damage after atmospheric pressure plasma doping by using SEM (Scanning Electron Microscopy). We check that wafer's surface is not changed after plasma doping and atmospheric pressure doping width is broaden by increase of plasma treatment time and current.

Science Teachers' Diagnoses of Cooperative Learning in the Field (과학교사들이 진단한 과학과 협동학습의 실태)

  • Kwak, Young-Sun
    • Journal of the Korean earth science society
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    • v.22 no.5
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    • pp.360-376
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    • 2001
  • This qualitative research investigated in-service science teachers' perceptions about cooperative learning and their perceived barriers in implementing cooperative learning in their classrooms. The underlying premise for cooperative learning is founded in constructivist epistemology. Cooperative learning (CL) is presented as an alternative frame to the current educational system which emphasizes content memorization and individual student performance through competition. An in-depth interview was conducted with 18 in-service science teachers who enrolled in the first-class teacher certification program during 2001 summer vacation. These secondary school teachers's interview data were analyzed and categorized into three areas: teachers' definition of cooperative learning, issues with implementing cooperative learning in classrooms, and teachers' and students' responses towards cooperative learning. Each of these areas are further subdivided into 10 themes: teachers' perceived meaning of cooperative learning, the importance of talk in learning, when to use cooperative learning, how to end a cooperative class, how to group students for cooperative learning, obstacles to implementing cooperative learning, students' reactions to cooperative learning, teachers' reasons for choosing (not choosing) student-centered approaches to learning/teaching, characteristics of teachers who use cooperative learning methods, and teachers' reasons for resisting cooperative learning. Detailed descriptions of the teachers' responses and discussion on each category are provided. For the development and implementation of CL in more classrooms, there should be changes and supports in the following five areas: (1) teachers have to examine their pedagogical beliefs toward constructivist perspectives, (2) teacher (re)education programs have to provide teachers with cooperative learning opportunities in methods courses, (3) students' understanding of their changed roles (4) supports in light of curriculum materials and instructional resources, (5) supports in terms of facilities and administrators. It's important to remember that cooperative learning is not a panacea for all instructional problems. It's only one way of teaching and learning, useful for specific kinds of teaching goals and especially relevant for classrooms with a wide mix of student academic skills. Suggestions for further research are also provided.

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A Study on the Location of Urban Parks for Green-Network Revitalization - Based on Downtown of Busan - (도시공원 입지특성에 따른 그린네트워크 활성화 연구 - 부산광역시 도심권을 대상으로 -)

  • Kim, Sung-Hwan;Lee, Gyu-Hong;Park, Sung-Bum
    • Journal of the Korean Institute of Landscape Architecture
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    • v.38 no.2
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    • pp.75-93
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    • 2010
  • Seen topographically, Busan is a city that is coastal and hilly. In the city, most parks have been formed around mountain areas that are not so useful. They also are unbalanced in location among different regions of the city. The purpose of this study is to find how to manage urban parks towards green network promotion. For the purpose, this researcher first analyzed physical and environmental characteristics of urban parks located within the main living spheres of Busan. Then, the researcher examined interactive relations between those parks and downtown areas surrounding them to classify types of the parks. In association, the researcher classified the entire of the city into inland and coastal regions. And the researcher examined mountainous and hilly urban parks that were 150 to 300 meters above sea level in the former region and 100 to 150 meters above sea level in the latter. Findings of the study can be summarized as follows. The above examination found that parks of Busan feature physically penetrating and overlapping with downtown areas of the city. How well the green zones of Busan in form of urban park are inter-connective and influential to each other heavily depends on shapes and functions that the downtown areas of the city have. In this study, urban parks of Busan were grouped according to their types and then analyzed. Based on results of the analysis, the researcher tried to find how to increase the utility of another urban parks that are expected to be formed and how to promote so-called the green network that integrates greens. Considering findings of the study, the researcher would make the following suggestions. In case of forming an urban park in a gently sloped green zone which is easily accessible and noticeable, it's important that the park should include a stream to which another green zone is converged or, if the park is located near a costal area, contribute to promote urban functions and openness. While, in a high-altitude green zone, it's more effective to form so-called the green way that consists of some limited usable site of the zone and greens behind it and then form a hub of regional community at the intersection between the main road and main gate to the urban park, contributing to the green network promotion.

A Study on the Impact of Organizational Commitment on Workers' Turnover Intention and Organizational Performance: Based on Analysis of Welfare Organizations in Busan, Korea (조직몰입이 이직의도와 사업성과에 미치는 영향: 부산지역 사회복지조직을 중심으로)

  • Seo, Jong-Soo
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.11 no.4
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    • pp.215-225
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    • 2016
  • There is growing attention towards the performance of non-profit organizations (NPO) as cases of moral hazard have emerged as social issues and the public becomes interested in the accountability of NPOs. Social welfare is among the representative service areas of NPOs, and it is regarded as a human service because it is delivered by people. Therefore, human capital-measured by criteria such as levels of organizational commitment-significantly affects the performance of social welfare organizations. However, these organizations have a high turnover rate due to inadequate working environments, heavy workloads, intensive work, and poor remuneration. Against this background, we surveyed social welfare organizations located in Busan and examined how workers' organizational commitment affects their turnover intention and the performance of the organization. For data analysis, SPSS WIN 18.0 was used, and variable-specific frequency analysis and technical statistics were used to identify general properties. A Pearson correlation analysis and a multiple regression analysis were conducted to investigate correlations and causal relationships among main variables. The results showed that the social workers' level of organizational commitment was 3.36 for normative commitment, 3.07 for continuance commitment, and 2.75 for affective commitment. The level of normative commitment was slightly higher than moderate, continuance commitment was close to moderate, and affective commitment was lower than moderate. The surveyed social workers' turnover intention was 2.71, and organizational performance was 2.79; both of those results were slightly lower than moderate. It was observed that affective commitment, marital status, workload, and age affected social workers' turnover intention. Their affective commitment, gender, and age affected the organization's performance. These results suggest that, for launching or operating an NPO, it is important to manage human capital effectively, particularly their affective commitment, to lower workers' turnover intention and improve organizational performance.

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The Effect of the Specific Open-inquiry Lesson on the Elementary Student's Science-related Attitude, Science Process Skill and the Instructing Teachers' Cognition about Open-inquiry (자유탐구 수업이 초등학생의 과학적 태도 및 과학탐구능력에 미치는 영향과 지도교사들의 자유탐구에 대한 인식 조사)

  • Lee, Hyeong Cheol;Lee, Jung Hwa
    • Journal of Science Education
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    • v.34 no.2
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    • pp.405-420
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    • 2010
  • The purpose of this study was to contrive the specific teaching plans based on the frame of 2007 revised science curriculum for applying open-inquiry lesson in real education situation and to research the effects of open-inquiry lesson on the student's science-related attitude, science process skill, and to investigate instructing teachers' cognition about open-inquiry. For this study, two fifth grade classes were chosen, one class was the experimental group, who were taught by open-inquiry based lesson, and another was the comparative group, who were taught by traditional method based lesson. The findings of this study were as follows: After open-inquiry lesson, the experimental group students came to enjoy open-inquiry learning and had the positive thought about it. After open-inquiry lesson, the experimental group marked higher mean score than the comparative group in science-related attitude's field but didn't showed the meaningful difference. On the other hand, in science process skill's field, the experimental group showed the significant higher improvement than the comparative one, especially in the subordinate area of basic science process skill. Finally, teachers who instructed students open-inquiry lesson thought open-inquiry lesson is the self-directed problem solving learning which raise the student's science process skill and interest. And the teachers thought the obstacles to instruct open-inquiry lesson are the lack of the student's cognition about open-inquiry and the insufficient circumstance for open-inquiry lesson. Therefore the teachers argued that the prerequisite for settling open-inquiry lesson successfully is to develope open-inquiry lesson curricula and teaching materials.

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