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Research Trends in The Journal of Daesoon Academy of Sciences : 『The Journal of Daesoon』 Vol.1-Vol.25 (1996~2015) (『대순사상논총』의 연구 동향에 관한 연구- 『대순사상논총』 1집-25집(1996~2015) -)

  • Chang, In-ho
    • Journal of the Daesoon Academy of Sciences
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    • v.27
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    • pp.201-243
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    • 2016
  • This paper analyzes the research trends from 358 scholarly articles published in the Journal of Daesoon Academy of Sciences from the first published journal in 1996 to the most recent journal published on the 25th of 2015 and proposes ideas for improvement. First of all, "The Journal of Daesoon Academy of Sciences" does not meet the standards required by the National Research Foundation, falling short of the most important conditions for the registration such as the periodicity and punctuality expected from academic journals. Furthermore, in terms of the Bibliometrical analysis, the number of articles published by the journal is decreasing and the consistency, with regards to rules and principles regulating publication details and bibliography formats, is nonexistent. Although various authors seemed to be meeting these criteria on the surface, the ratio of co-authored articles is too small. Securing researchers specializing in Daesoon Thought for expanding the size of the journal is important, but it is also important to diversify the research topics through exchanging ideas among researchers from various organizations. Here are some ideas for the improvement of the Journal of Daesoon Academy of Sciences: First, in order to meet the standards for punctuality and periodicity, it would be best to publish the journal twice a year with 12 to 15 articles. Second, the journal must become searchable through the creation of a database. Third, the key words and abstracts of articles must be written in Korean and English to facilitate the sharing of articles among researchers. Fourth, the journal must have a diverse and outstanding editorial board which takes into account the geographical situations of its board members. Fifth, the Journal must include articles on relevant topics that reflect the core topics of the Daesoon Thought and other studies. Sixth, articles must have a front page that contains bibliographical items to convey information to the reader. Seventh, it is essential that the journal have a clear publication date detailing the year, month, and day as well as a standard numbering scheme (i.e, Vol. and no).

India's Maritime-Security Strategy: Pretext, Context and Subtext (인도의 해상 안보 전략: 구실, 맥락 및 숨은 의미)

  • Khurana, Gurpreet S
    • Maritime Security
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    • v.4 no.1
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    • pp.1-56
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    • 2022
  • Why has India become a key actor in the maritime-configured Indo-Pacific region? There are some external factors, but for India, its geo-strategic frontier encompassing its geopolitical and maritime interests is expanding rapidly beyond its territorial space across both the Indian and Pacific oceans amidst an increasingly arduous geopolitical and security environment. India must, therefore, acquire the ability to influence events within this strategic arena using all facets of national power, including maritime-military power. Lately, therefore, New Delhi has invested much intellectual capital to review its maritime-security strategy. India's new strategy is premised on the concept of holistic security involving the 'softer' aspects of maritime-security, and a rekindling of maritime consciousness in India, a nation that has traditionally been beset by 'sea-blindness'. The strategy adopts a region-wide, inclusive, and a more proactive approach than hitherto, as is evident in its title 'Ensuring Secure Seas: Indian Maritime Security Strategy'. While it deals with the growing concern of new non-traditional threats in the Indian littoral and the need for military deterrence and preparedness, it also addresses the imperatives for India to seek a favorable and rules-based benign environment in its immediate and extended maritime periphery, including through multi-vectored strategic partnerships dictated by its enduring principle of strategic autonomy. For a more profound and comprehensive understanding of India's maritime-security strategy, this paper examines the key unstated and implicit factors that underpin the strategy. These include India's historical and cultural evolution as a nation; its strategic geography; its geopolitical and security perceptions; and the political directions to its security forces. The paper deals specifically with India's response to maritime threats ranging from natural disasters, crime and state-sponsored terrorism to those posed by Pakistan and China, as well as the Indian Navy's envisaged security role East of the Malacca Straits. It also analyzes the aspects of organizational restructuring and force planning of India's maritime-security forces.

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Le Moi naturel et la cosmogonie chez Paul Valéry : au point de vue de la mythologie indienne (폴 발레리Paul Valéry의 본성적 '자아'와 우주 발생론 : 인도 신화를 중심으로)

  • JEANG, Kwangheam
    • Korean Association for Visual Culture
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    • v.23
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    • pp.463-524
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    • 2013
  • En exprimant 'la découverte de l'homme', Valéry, dans la Philosophie de la danse, représente «un plaisir qui allait jusqu'à une sorte d'ivresse, et si intense parfois, qu'un épuisement total de ses forces, une sorte d'extase d'épuisement pouvait seule interrompre son délire, sa dépense motrice exaspérée». Dans le même sens du plaisir, Jayadéva, dans son dithyrambe du Gîta-Govinda, représente la danse de Harî, une des nombreuses formes de Vichnou. Excités par le brûlant désir des jeux de la volupté, Hari et son amante Râdhâ cherchent au cours de la danse Râsa l'énergie vitale. Voilà la source du plaisir mystérieux valéryen. Ensuite l'eau, «élément essentiel de toute vie», est la mesure du temps de même que le soleil, l'eau est le principe de l'harmonie comme celui du monde. Finalement, chez Valéry, sous les diverses infleunces de l'eau mythique, la mer devient l'Océan de lait, soit le lieu de naissance, soit la substance maternelle, soit l'essence da la création universelle. Or tout au long de 「La Dormeuse」, Valéry évoque l'image de 'Vichnou-Narayana' sous l'influence de la mythologie indienne. Et sous une autre influence de Flaubert, Valéry évoque « d'étranges mondes abstraits». Malgré tout, Valéry crée lui-même, dans 「La Dormeuse」, une nouvelle image d'un monde abstrait : 'Vichnou-Narayana' couché sur un lit de lotus, porté par les replis du grand serpent Ananta, qui élève au-dessus du dieu endormi méditant, ses sept têtes formant une éspèce de dais - du sein de Narayana, richement décoré d'un collier d'étoiles et d'une couronne de pierres précieuses en forme de disque, croit un lotus qui porte Brahma dans son calice ; Lakchmi est aux pieds de son divin époux. L'épisode des dieux indiens est à un stade encore plus avancé de la destruction du symbole. Ils sont réduits à des formes symboliques obscures, non commentées et même difficilement identifiables. Le dieu rose qui mord son orteil dans une attitude à la fois mystérieuse et grotesque, c'est Vichnou qui a, selon le vichnouisme, le premier rôle dans la création du monde. Il flottait avant la création sur les eaux, couché sur une feuille de figuier, sous la forme d'un jeune enfant qui porte son pied vers sa bouche. Cette scène évoque la méditation et le repli sur soi de la divinité avant le commencement. Valéry désigne la cosmogonie particulière d'une religion bien déterminée(le vichnouisme) sans la nommer et en la vidant de son sens pouratnt capital, laissant subsister un symbole guetté par le grotesque, un dieu en enfance ; d'autre part, cette cosmogonie est télescopée et intégrée par une cosmogonie d'origine différente : le désemboîtement des trois dieux renvoie à la théorie sivaiste du Lingam, l'arbre de vie. Les dieux de la tirinité iendienne se détachent les un après les autres et il ne reste plus que la fleur sous la garde de Vichnou. Le désemboîtement des dieux paraît bien se référer à cette conception, malgré l'absence du lingam. Enfin toute la forme veille ; et tous les yeux sont ouverts.

Directions for Legislative Improvement for the Creation and Operation of Ecological Parks (생태공원의 조성과 운영 내실화를 위한 법제적 개선 방향)

  • Kim, Ah-Yeon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.52 no.1
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    • pp.71-86
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    • 2024
  • Despite the increasing importance of urban parks' ecological functions in dealing with the climate crisis, ecological parks are not clearly defined in Korea's legal system. Numerous ecological parks created nationwide cannot be systematically designated and managed due to various legal bases and varying management authorities. It is important to clarify the legal status of ecological parks in order to lead the ecological paradigm shift of urban parks and to improve the natural park system for a comprehensive and integrated approach to protect the national ecosystem. To this end, related laws were analyzed to identify problems and to draw directions for legislative improvement. Through the literature review of relevant laws, acts, and ordinances, six major directions for improvement were suggested based on the analysis of problems. First, the legal status of ecological parks in the administrative dichotomy of the current park system is ambiguous, and ecological parks should be clarified through the revision of park-related laws. Second, an ecological park can be defined as a sustainable park created and managed in an ecological manner, promoting the protection and restoration of the ecosystem, conservation, and promotion of biodiversity, and balancing nature observation, ecological learning, and leisure activities. Third, the role of the state and local governments should be systematically revised to lead to a new park planning and management model through new governance. Fourth, since the characteristics of ecological parks are affected by individual laws, the possibility of overlapping ecological parks for other uses should be allowed. Fifth, detailed guidelines and standard ordinances need to be enacted to meet the goals, principles, and facilities of ecological parks. Lastly, along with the revision of the laws, ordinances by local governments also need to be more concrete. This study, which tracks various legal realities related to ecological parks, can contribute to policymaking that can systematize the foundation for the creation of ecological parks to preserve nationwide ecosystems and provide citizens with opportunities to experience and learn about nature.

The Origin of Records and Archives in the United States and the Formation of Archival System: Focusing on the Period from the Early 17th Century to the Mid 20th (미국의 기록(records) 및 아카이브즈(archives)의 역사적 기원과 관리·보존의 역사 17세기 초부터 20세기 중반까지를 중심으로)

  • Lee, Seon Ok
    • The Korean Journal of Archival Studies
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    • no.80
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    • pp.43-88
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    • 2024
  • The National Archives and Records Administration (NARA) is a relatively quiet latecomer to the traditional archives of the Western world. Although the United States lacks a long history of organized public records·archives management, it has developed a modern system optimized for the American historical context. This system focuses on the systematic management and preservation of the vast amount of modern records produced and collected during the tumultuous 20th century. As a result, NARA has established a modern archival system that is optimized for the American historical context. The U.S. public records·archives management system is based on the principle that records·archives are the property of the American people and belong to the public. This concept originated during the British colonial era when records were used to safeguard the rights of the colonies as self-governing citizens. For Americans, records and archives have long been a symbol of the nation's identity, serving as a means of protecting individual freedoms, rights, and democracy throughout the country's history. It is natural, therefore, that American life and history should be documented, and that the recorded past should be managed and preserved for the nation's present and future. The public records·archives management system in the United States is the result of a convergence of theories, practices, lessons learned, and ideas that have been shaped by the country's history, philosophies, and values about records, and its unique experience with records management. This paper traces the origins of records and archives in the United States in a historical context to understand the organic relationship between American life and records. It examines the process of forming a modern public records management system that is both uniquely American and universal to the American context without falling into the two forms of traditions that reflect the uniqueness of American history.

Cases and Legal Issues For 119paramedics in Mental Emergency Situations (정신응급상황에서 119구급대원 대응사례와 법적쟁점)

  • Young Pyo Hong
    • The Korean Society of Law and Medicine
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    • v.25 no.1
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    • pp.87-115
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    • 2024
  • In Korea, exposure to stress has been accompanied by mental pain in the process of achieving many growth along with rapid development, various social problems, and the frequency of emergency hospitalization is increasing.. In the case of mentally ill patients, "unwanted hospitalization" is a problem, and police and 119 paramedics try to suppress the body of mentally ill patients, and many problems are exposed This is because the constituent requirements of the provisions of emergency hospitalization under the Mental Health and Welfare Act do not reflect reality, and each institution has a different position on one mentally ill person, and emergency hospitalization does not proceed smoothly or leads to friction between related organizations, and the safety of the mentally ill or others is not secured. Emergency hospitalization is defined as "a person who finds a person who is presumed to be mentally ill and is at high risk of harming his or her health or safety or others," and if the situation is so urgent that he or she cannot afford time to go through the hospitalization procedure to decide on his or her own hospitalization, he or she can request emergency hospitalization with the consent of a doctor and a police officer. In this case, 119 paramedics are escorted to a psychiatric institution. This provision of emergency hospitalization poses many problems in the process of transferring to psychiatric institutions. If a police officer or 119 paramedics in charge of practice use "physical force" during the emergency hospitalization process, side effects will inevitably occur, and professional negligence can be a problem. Specifically, when exercising physical force, the minimum necessary physical restraint based on laws and regulations and proportional principles is required, and the lack of the duty of care of 119 paramedics or police officers under the laws and regulations will eventually be resolved by applying other laws and regulations. Accordingly, it will be an opportunity for mentally ill patients to be transferred to psychiatric institutions in a safe environment by changing the subject of emergency hospitalization provisions under the Mental Health Welfare Act, defining and prescribing the use of physical protection guards as the enforcement regulations of the Mental Health Act, setting the duty of care for 119 paramedics and police officers, and creating an environment for transportation so that mentally ill patients can be treated safely.

Analysis of risk evaluation procedures and consideration of risk assessment issues of living modified organisms for agricultural use in Korea (농업용(사료용) 유전자변형생물체의 위해성심사 제도 분석 및 환경위해성평가 관련 쟁점에 대한 고찰)

  • Myung-Ho Lim;Sang Dae Yun;Eun Young Kim;Sung Aeong Oh;Soon-Ki Park
    • Journal of Plant Biotechnology
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    • v.50
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    • pp.275-289
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    • 2023
  • Since the implementation of the Living Modified Organisms (LMOs) Act in 2008, approximately 10 million tons of genetically modified corn, soybean, potato, canola, and other crops have been imported into South Korea. The import approval procedures have been completed for approximately 191 cases that include seven crops. Of these, approximately 90 cases, excluding crossbreeds of approved LMOs, were reviewed via consultation risk evaluation in four areas: human health, crop culture, natural ecology, and marine fishery environment. LMO developers in South Korea, who are major stakeholders in the import of LMO crops produced overseas, have raised concerns regarding procedural inefficiency in consultation reviews and the need of excessive reviews that are unsuitable for food-feed processing purposes. These procedures reflect the perspective of consultation agencies that deviate from the nature of risk assessment and demand specific supplementary data that do not reflect familiarity and substantial equilibrium. Based on frequent instances of unintentional environmental release of LMO crops imported into Korea, the ministries responsible for consultation insist on a review that considers the climate and natural environment of Korea. In addition, the ministries mandate that their reviews reflect the expertise of competent ministries and are based on risk assessment principles and methods in accordance with international guidelines. In this regard, considering that traits introduced into LMO crops involving familiar agricultural crops have been considered safe for more than two decades, we have suggested reasonable alternatives to several risk assessment items for agricultural LMOs. These alternatives can mitigate conflicts of interest among key stakeholders within the scope of the current LMO regulations.

A Study on the Crime Prevention Design and Consumer Perception (CPTED) of Multi-Family Housing in China (중국 공동주택의 범죄 예방을 위한 디자인과 소비자의 인식에 관한 연구)

  • Kong, De Xin;Lee, Dong Hun;Park, Hae Rim
    • Journal of Service Research and Studies
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    • v.14 no.1
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    • pp.63-76
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    • 2024
  • Multi-family housing plays a crucial role as a living and experiencing space, and its environment has a direct impact on the well-being and stability of its residents. Therefore, Crime Prevention Design (CPTED) for multi-family housing is of utmost importance. However, crime-related data in China is not disclosed to the public because of its specificity, making it difficult for researchers to conduct further in-depth studies based on accurate crime data. As a result, the establishment and application of CPTED theory in terms of crime prevention is limited and delayed. This study aims to explore three aspects of CPTED in multi-family housing as perceived by home-buying consumers. It investigated consumer perception of the CPTED, the importance of each element and ways to increase awareness of CPTED in multifamily housing in order to effectively improve multifamily crime prevention design principles and further enhance public safety. This study examined the current state and future trends of CPTED in China by analyzing relevant research reports and literature, aiming to gain insights into the crime prevention awareness of Chinese homeowners. In addition, a survey was conducted on Chinese consumers to unravel the importance of CPTED and increase awareness of its various elements in multifamily-family. This study used a Likert scale and SPSS reliability analysis to determine the cognitive status of multi-family CPTED, the importance of each element, and proposed an improvement plan based on the analysis results. As this study was limited by the difficulty of implementation and the lack of validation of its practical effectiveness, it is recommended that future research needs to validate the effectiveness of crime prevention designs and produce more practical results. Furthermore, it is crucial to utilize this study to inform the implementation of security solutions that are tailored to the unique characteristics of each district. Additionally, it is important to offer guidance on how to enhance community safety by increasing residents' awareness of security through education and information dissemination. The author hopes that the representative multi-family CPTED awareness, the importance of each element, and plans for improvement shall be summarized from this study, and provide foundational data for the future development of CPTED based on the Chinese region.

Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.9-39
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    • 2003
  • The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

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A Study on Improvements on Legal Structure on Security of National Research and Development Projects (과학기술 및 학술 연구보고서 서비스 제공을 위한 국가연구개발사업 관련 법령 입법론 -저작권법상 공공저작물의 자유이용 제도와 연계를 중심으로-)

  • Kang, Sun Joon;Won, Yoo Hyung;Choi, San;Kim, Jun Huck;Kim, Seul Ki
    • Proceedings of the Korea Technology Innovation Society Conference
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    • 2015.05a
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    • pp.545-570
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    • 2015
  • Korea is among the ten countries with the largest R&D budget and the highest R&D investment-to-GDP ratio, yet the subject of security and protection of R&D results remains relatively unexplored in the country. Countries have implemented in their legal systems measures to properly protect cutting-edge industrial technologies that would adversely affect national security and economy if leaked to other countries. While Korea has a generally stable legal framework as provided in the Regulation on the National R&D Program Management (the "Regulation") and the Act on Industrial Technology Protection, many difficulties follow in practice when determining details on security management and obligations and setting standards in carrying out national R&D projects. This paper proposes to modify and improve security level classification standards in the Regulation. The Regulation provides a dual security level decision-making system for R&D projects: the security level can be determined either by researcher or by the central agency in charge of the project. Unification of such a dual system can avoid unnecessary confusions. To prevent a leakage, it is crucial that research projects be carried out in compliance with their assigned security levels and standards and results be effectively managed. The paper examines from a practitioner's perspective relevant legal provisions on leakage of confidential R&D projects, infringement, injunction, punishment, attempt and conspiracy, dual liability, duty of report to the National Intelligence Service (the "NIS") of security management process and other security issues arising from national R&D projects, and manual drafting in case of a breach. The paper recommends to train security and technological experts such as industrial security experts to properly amend laws on security level classification standards and relevant technological contents. A quarterly policy development committee must also be set up by the NIS in cooperation with relevant organizations. The committee shall provide a project management manual that provides step-by-step guidance for organizations that carry out national R&D projects as a preventive measure against possible leakage. In the short term, the NIS National Industrial Security Center's duties should be expanded to incorporate national R&D projects' security. In the long term, a security task force must be set up to protect, support and manage the projects whose responsibilities should include research, policy development, PR and training of security-related issues. Through these means, a social consensus must be reached on the need for protecting national R&D projects. The most efficient way to implement these measures is to facilitate security training programs and meetings that provide opportunities for communication among industrial security experts and researchers. Furthermore, the Regulation's security provisions must be examined and improved.

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