• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.9-58
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• 2005

The Warsaw Convention-officially denominated the "Convention for the Unification of Certain Rules Relating to International Transportation by Air"- is a major multilateral agreement governing the rights and responsibilities of passengers, consignor/consignee and air carriers in international transportation. Article 29(1) of the Warsaw Convention provides that the right to damages shall be extinguished if an action is not brought within 2 years, reckoned from the date of arrival at the destination, from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped. There has been disagreement as to the nature of this provision. It has been viewed on one hand as a statute of limitations, which may be tolled in appropriate circumstances. Some US Courts which have taken this approach read Article 29(2)-which states that the method of calculating the period of limitation shall be determined by the law of the court to which the case is submitted-as leaving to local law the determination of when the 2-year limitation period provided for in Article 29(1) runs. Therefore, they conclude, under Article 29(2), whenever state law would toll a state statute of limitations, the statute of limitations contained in Article 29(1) would be tolled as well. On the other hand, some other US courts have viewed the 2-year provision contained in Article 29(1) as a condition precedent to the right to bring suit, which will absolutely bar any action not brought within 2 years of the events giving rise to the action. These courts view Article 29(2) as providing only that the forum court should look to the law of the forum on the question whether the plaintiff has taken the necessary measures within the 2-year period to invoke that particular court's jurisdiction over the action. These courts have placed great weight on the "legislative" history of the Convention in reaching this position, noting in particular that the delegates to the Convention expressly considered and rejected a provision, which would have incorporated local tolling provisions.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.30 no.1
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• pp.76-89
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• 2012

This study aimed at carrying out a semantic interpretation of the core Design language that seemed to influence deeply in the creation of the ChwuiseokJeong wonlim of Gochang. Especially, this paper aimed at inferring how the spiritual culture of seclusion of the 16th century influenced the creation of the wonlim by understanding the metaphor and symbolism by grasping the transmission meaning and reception meaning of the creators and the people concerned with keywords like Eunil(隱逸: seclusion), Chwuiseok(醉石), and Chilseongam(七星巖). 'Building up a wall' was intentionally carried out in order to represent 'Seven Stars(The Big Dipper)' inside of the wonlim. This is a kind of two-dimensional 'enframement', and a result of active creation of a meaningful landscape. From Chilseongam that was created by assembling, we presumed that Kyung-Hee Kim, Nohgye(蘆溪), the creator showed the recognition and thoughts of astronomy as a Confucian scholar that the ChwuiseokJeong Wonlim where he secluded is the center of the universe. The interpretation of words in Nohgyezip, an anthology, showed that the articles and writtings of Nohgye, his decsendants, and the people of ChwuiseokJeong included alcohols, Chwuiseok, Yeon-Myung Do, and Yuli(栗里) where Do secluded; this means that Nohgye ranked himself with Do because Nohgye also lived in peace by drinking alcohols and enjoying nature like Do did. 'Drinking' was what expressed the mind of Nohgye who wanted to be free and have the joy of enjoying mountains, water, and their landscape like Do did. In other words, 'Drinking' is the symbol of freedom that makes him forget himself and equate himself with nature. These are the representation, imitation, and mimesis of respecting Yeon-Myung Do. As the alegory of 'speaking something with other things' suggested, it is possible to read 'Chwuiseok', came from the story of Yeon-Myung Do, in multiple ways; it superficially points out 'a rock on which he laid when he was drinking', but it also can be interpreted as 'an object' that made him forget his personal troubles. In addition, it means freewill protecting unselfish mind with the spiritual aberration of drinking, 'Chwui(醉)', mentally; also, it can be interpreted metaphorically and broadly as a tool that makes Nohgye reach to the state of nature by the satisfied mind of Yeon-Myung Do. 'Chwuiseok' was a design language that showed the situation of Nohgye by comparing his mind with the mind of Yeon-Myung Do from the Confucian point of view, and a kind of behavioral mimesis based on his respect to Do and 'aesthetic representation of objective reality.' It is not coincidental that this mimesis was shown in the engraved words on Chwuiseok and the creation of ChwuiseokJeong that has the same name with Chwuiseok in Korea and China.

• Journal of the Korea Concrete Institute
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• v.24 no.3
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• pp.293-303
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• 2012

Recently, as construction technology improved, concrete structures not only became larger, taller and longer but were able to perform various functions. However, if extreme loads such as impact, blast, and fire are applied to those structures, it would cause severe property damages and human casualties. Especially, the structural responses from extreme loading are totally different than that from quasi-static loading, because large pressure is applied to structures from mass acceleration effect of impact and blast loads. Therefore, the strain rate effect and damage levels should be considered when concrete structure is designed. In this study, the low velocity impact loading test of steel fiber reinforced concrete (SFRC) slabs including 0%~1.5% (by volume) of steel fibers, and strengthened with two types of FRP sheets was performed to develop an impact resistant structural member. From the test results, the maximum impact load, dissipated energy and the number of drop to failure increased, whereas the maximum displacement and support rotation were reduced by strengthening SFRC slab with FRP sheets in tensile zone. The test results showed that the impact resistance of concrete slab can be substantially improved by externally strengthening using FRP sheets. This result can be used in designing of primary facilities exposed to such extreme loads. The dynamic responses of SFRC slab strengthened with FRP sheets under low velocity impact load were also analyzed using LS-DYNA, a finite element analysis program with an explicit time integration scheme. The comparison of test and analytical results showed that they were within 5% of error with respect to maximum displacements.

• (The)Study of the Eastern Classic
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• no.50
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• pp.89-120
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• 2013

The concept of virtue seems to be one of the rare cases where the European and the Chinese traditions coincide. The meaning of the Latin word virtus and of Greek $aret{\acute{e}}$ seems to be similar to the Chinese $d{\acute{e}}$德. Most striking in virtue is that it is a capacity for self-realisation through action which is unique to man. On the other hand, there is something physical about it. It is the strength to do something. This strength overcomes the resistance of what is naturally given, it transforms the world, turns the natural world into a human one. In the Chinese tradition, $d{\acute{e}}$ 德, i.e. virtue, is therefore always connected with $da{\grave{o}}$ 道, the totality of natural forces. In the Chinese tradition, as opposed to the European one, virtue is itself considered to be a natural force that is present in man. This force sustains man's connectedness, unity and harmony with the surrounding world. Things exist through the unity of principle理 and ether氣. But the knowledge of this unity is due to principle. Moral and legal norms are shifted totally to the sphere of principle. Therefore their have found the final dissolution from a heroic models. Above all the classical Confucians, but also the other schools, would reply to this that there is nothing more precise than a concrete successful action. Its result fits the world perfectly. The difference is due to the differing interest of ethical thought. In the case of the Confucians the path is more direct. The actor establishes a precise pattern for other actions. Education therefore lies in detailed knowledge about forms of behaviour, not so much in conceptual differentiation. It is quite possible that generalisation may be a methodical prerequisite for success in this endeavour. That problem, too, is discussed. But the success of conceptualisation lies in the successful performance of individual actions, not in shaping actions in accordance with normative concepts.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.87-130
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• 2015

In a case in which National Health Insurance Corporation (NHIC) pays medical care expenses to a victim of a traffic accident resulting in injury or death and asks the assailant for compensation of its share in the medical care expenses, as the precedent treats the subrogation of a claim set by National Health Insurance Act the same as that set by Industrial Accident Compensation Insurance Act, it draws the range of its compensation from the range of deduction, according to the principle of deduction after offsetting and acknowledges the compensation of all medical care expenses borne by the NHIC, within the amount of compensation claimed by the victim. However, both the National Health Insurance Act and the Industrial Accident Compensation Insurance Act are laws that regulate social insurance, but medical care expenses in the National Health Insurance Act have a character of 'an underinsurance that fixes the ratio of indemnification,' while insurance benefit on the Industrial Accident Compensation Insurance Act has a character of full insurance, or focuses on helping the insured that suffered an industrial accident lead a life, approximate to that in the past, regardless of the amount of damages according to its character of social insurance. Therefore, there is no reason to treat the subrogation of a claim on the National Health Insurance Act the same as that on the Industrial Accident Compensation Insurance Act. Since the insured loses the right of claim acquired by the insurer by subrogation in return for receiving a receipt, there is no benefit from receiving insurance in the range. Thus, in a suit in which the insured seeks compensation for damages from the assailant, there is no room for the application of the legal principle of offset of profits and losses, and the range of subrogation of a claim or the amount of deduction from compensation should be decided by the contract between the persons directly involved or a related law. Therefore, it is not reasonable that the precedent draws the range of the NHIC's compensation from the principle of deduction after offsetting. To interpret Clause 1, Article 58 of the National Health Insurance Act that sets the range of the NHIC's compensation uniformly and systematically in combination with Clause 2 of the same article that sets the range of exemption, if the compensation is made first, it is reasonable to fix the range of the NHIC's compensation by multiplying the medical care expenses paid by the ratio of the assailant's liability. This is contrasted with the range of the Korea Labor Welfare Corporation's compensation which covers the total amount of the claim of the insured within the insurance benefit paid in the interpretation of Clauses 1 and 2, Article 87 of the Industrial Accident Compensation Insurance Act. In the meantime, there are doubts about why the profit should be deducted from the amount of compensation claimed, though it is enough for the principle of deduction after offsetting that the precedent took as the premise in judging the range of the NHIC's compensation to deduct the profit made by the victim from the amount of damages, so as to achieve the goal of not attributing profit more than the amount of damage to a victim; whether it is reasonable to attribute all the profit made by the victim to the assailant, while the damages suffered by the victim are distributed fairly; and whether there is concrete validity in actual cases. Therefore, the legal principle of the precedent concerning the range of the NHIC's compensation and the legal principle of the precedent following the principle of deduction after offsetting should be reconsidered.

• Journal of the Korean Institute of Landscape Architecture
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• v.44 no.2
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• pp.108-121
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• 2016

The purpose of this study is to explore the issues and implications for landscape design education in Korean landscape architecture by analyzing the National Exhibition of Korean Landscape Architecture(NEKLA). This study analyzed the suggested topics and selected site as well as the commentary that appeared in the NEKLA's award-winning book published from 2004 to 2014. Results of the study are as follows: First, topics of NEKLA are not only competition guidelines but related to exploring new area and role of Korean landscape architecture. Second, most dealing with site is 'industrial heritage and regeneration space' and 'green infrastructure'. In more recent years, a larger variety of sites were addressed. Third, site locations are concentrated in metropolitan areas, and awards and participation of the non-metropolitan universities was very low. Fourth, seven criteria can be applied in a general landscape design competition such as 'newness of the concept(idea)', 'logicality of the design process', 'selection of site fidelity of analysis(interpretation)', 'presentation and completion of the master plan', 'consistency with the theme', 'linkage of concepts and results' and 'feasibility'. The evaluation criteria are increasing the sophistication of the design language to provide useful suggestions on how to find design education methods. Its implications are as follows: First, training is essential to derive innovative ideas, but it should avoid excessive concept-oriented education. Second, design education may include instruction on how to define the problems related with the site. Third, more emphasis on design logic is essential to transform the innovative concept to actual results. Fourth, 'slick images' unrelated to design should be suppressed. Fifth, practice is needed to solve the topics addressed in the design process of education. Sixth, 'feasibility' and 'creative thinking' are necessary to recognize a reciprocal relationship that is helpful to one another. This study uses direct quote commentary to minimize the subjectivity of the researcher and to trace issues of the contemporary landscape architecture more directly and vividly. This study is a record waiting for another review as meta-criticism. In this regard this study, the landscape architect of the next times will have a mean that historical records to review the current thinking of the landscape theory and design.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.95-116
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• 2015

Air transport agreement can be divided into air passenger contract of carriage and aviation also of the contract of carriage. And air carriers for damages greater (1) cause reason, of (2) limit reason, (3) exemption reason. Exemption reason for the extinction of the liability for damages in our Commercial Code, the Convention and domestic law are mixed. Convention on the Commercial Code and air transport, air transport people, if it is proved and that it has taken all the measures that are needed for the prevention of damage to overdue damage of passengers, liability is waived. So what was to achieve the requirements of all the actions that are reasonably necessary in any case is a problem. Amendment has the feature that the treaty for the International Air Transport reflect in accordance with the domestic situation, while being struck by international standards encompassing land, sea and air transport, even on the system. However, Commercial Code while mainly reflect the Montreal Convention governing air carrier's liability issues on the contract of carriage, a problem which the Convention had also began to occur together. So the problem due to accept the treaty to fit the domestic situation occurs. There is a need for analysis of all of the actions that are "reasonably necessary, which is defined in the Commercial Code. If there is no claim within Value Date rotor two years to air carriers on the court for the damage caused by air transport, the responsibility of air carriers disappear, sued the period of such two years, what kind of meaning on domestic law extension and stop to be whether it is interpreted, it should be determined to do their aggressive measures for the reasonable care and accident prevention.

• Journal of the Korean earth science society
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• v.21 no.4
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• pp.398-407
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• 2000

We investigated people's patterns of reasoning regarding the Korean traditional interpretation of Planet Occultation by the Moon. A questionnaire survey was administered to the sample which consisted of 632 participants: middle school students(n=164), high school students(n=157), university students(n=172), and the public(n=139). It was revealed that 15.7% of the participants agreed, 38.1% disagreed, and 46.2% were neutral to the traditional interpretation. A comparatively large portion of the university students made a scientifically correct judgement by disagreeing with the traditional interpretation. On the other hand, a relatively small proportion of the middle school students disagreed. Participants' views of nature and views of science were the major reasons for making their judgements. Most participants were fixed with similar views to the Korean traditional view of nature. Most of the participants valued using more extensive evidence and experimental proofs in science. High school and university students considered their metaphysical beliefs, such as view of nature and view of science, more important than other groups did. In contrast to this, middle school students and the public depended more strongly on their personal experiences. Participants' social experiences and their scientific knowledge were also important reasons for making their judgement. However the differences in their scientific knowledge seemed to exert different influences on their reasoning. The results of this study show differences in how an individual thinks as well as differences between communities. Thus, science education and research considering multicultural settings are needed. In addition, science educators and researchers should pay attention to pupils' metaphysical beliefs such as their views of nature and views of science.

• Journal of the Daesoon Academy of Sciences
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• v.33
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• pp.63-90
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• 2019

In pluralistic political realities that have been exposed as antagonistic relationships between self and others, the principle of 'Coincidentia Oppositorum' in Daesoon Thought emphasizes the complementarity between self and others and presents us with a new form of cognition and attitude which can overcome pluralistic political realities. Though solipsism that objectificates others on the basis of the self, the principle of 'Coincidentia Oppositorum' presents us a new form of cognition and attitude with which we can approach others. The principle of 'Coincidentia Oppositorum' is based on the logic that we can secure and extend ourselves only in relation between self and others. Self is not fully formed or perfected without others. Previous discussions on the principle of 'Coincidentia Oppositorum' as it is exists within Daesoon Thought have been limited to Eastern Philosophy. On one hand, this inclination may be due to a narrow understanding of Western Philosophy. The flow of Modern Western Philosophy can at times be a self-reflective output for solipsism. On the other hand, the understanding of the principle of 'Coincidentia Oppositorum in context of a dualistic contrast between Eastern Philosophy and Western Philosophy is not concordant with the principle of 'Coincidentia Oppositorum' which emphasizes the creation of harmony between self and others. This paper aims to investigate avenues to create harmony between Eastern Philosophy and Western Philosophy regarding the principle of 'Coincidentia Oppositorum' in Daesoon Thought. Specifically, attention will be paid to 'flesh' as used by Merleau-Ponty. In his writings, flesh is the matrix which activates the fundamental involvement between self and others. Self is a being of flesh and an ambiguous being which is formed in a double position (seeing and being seen). Flesh can secure and extend the self only through its relationship to an other or multiple others. Restoring the other that has been excluded from modern Western Philosophy, Merleau-Ponty's flesh call for contemplation into the meaning of the other and of otherness.

• Sim-seong Yeon-gu
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• v.32 no.2
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• pp.73-121
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• 2017

Disaster is externally an incident that causes enormous damage to society and humanity. Disaster also internally stimulate a variety of personal and collective complexes in the human mind. The sinking of Sewol Ferry in 2014 was a disaster that took away countless lives. People not only in South Korea but around the world were deeply affected by the incident. While directly taking part in disaster mental health support and meeting with people who were sunk in sorrow and helplessness and feeling the collapse of conceit against modern technological civilization, I realised the need to conduct study and research on the conscious and unconscious response from the viewpoint of analytical psychology. This research investigates the response and management of disaster in prehistoric times mainly through myths and petroglyphs. This study aims to consider the problems and improvements of disaster response in the modern times by finding the distinct cultural characteristics and the universal, fundamental, and archetypal human nature inherent in the concepts of disaster and responses to disaster and discovering their meaning and wisdom. Creation myths around the world show that in the beginning there was a disaster as part of the universal creation. Humanity has understood disaster as a periodic renewal of the world by the oppositeness between destruction and creation and had the idea that violation of taboo to be the cause of disaster since prehistoric times. Disaster could be interpreted as the intention of the Self that renews the fundamental consciousness through the externally appearing destructive action. Various rituals performed by man on earth renovates the human consciousness during a mental crisis situation, such as a disaster, and corresponds with the unconscious to create an opportunity for psychological regeneration that seeks harmony. Modern society has neglected the importance of internal dealing and the suffering human soul and concentrated on the external, technological and administrative actions related with disaster response. We cannot determine the occurrence of a disaster, but we can determine how to deal with the disaster. While developing external disaster response, we need to ponder on the meaning of disaster and conduct internal disaster response that care for human mind. Through this, we will understand the meaning of pain and have renewed mature psyche.