• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.27-51
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• 2007

The cumulative result of the work by the ICAO Secretariat, the Secretariat Study Group and the Council Special Group on the Modernization of the Rome Convention of 1952 are two draft Conventions, namely: "Draft Convention on Compensation for Damage Caused by Aircraft to Third Parties, in case of Unlawful Interference", and "Draft Convention on Compensation for Damage Caused by Aircraft to Third Parties" The core provisions of the former draft Convention are as follows: The liability of the operator is strict, that is, without the necessity of proof of fault. It would be liable for damage sustained by third parties on condition only that the damage was caused by an aircraft in flight(Article 3). However, such liability is caped based on the weight of the aircraft(Article 4). It is envisaged to create an independent organization called the Supplementary Compensation Mechanism, with the principle purpose to pay compensation to persons suffering damage in the territory of a State Party, and to provide financial support(Article 8). Compensation shall be paid by the SCM to the extent that the total amount of damages exceeds the Article 4 limits(Article 19). The main issues on the farmer draft Convention are relating to breaking away from Montreal Convention 1999, no limits on individual claims but a global limitation on air carrier liability, insurance coverage, cap of operators' strict liability, and Supplementary Compensation Mechanism. The core provisions of the latter draft Convention are as follows: the liability of the operator is strict, up to a certain threshold tentatively set at 250,000 to 500,000 SDRs. Beyond that, the operator is liable for all damages unless it proves that such damage were not due to its negligence or that the damages were solely due to the negligence of another person(Article 3). The provisions relating to the SCM and compensation thereunder do not operate under this Convention, as the operator is potentially for the full amount of damages caused. The main issues on the latter draft Convention are relating to liability limit of operator, and definition of general risks. In conclusion, we urge ICAO to move forward expeditiously on the draft Convention to establish a third party liability and compensation system that can stand ready to protect both third party victims and the aviation industry before another 9/11-scale event occurs.

• Korean Journal of Family Social Work
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• no.58
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• pp.67-96
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• 2017

The purpose of this study is to examine psychological difficulties that elderly women experience in each divorce decision making stage and they are shown by counselling cases made with elderly women who got divorced in their early stage of elderly life. For this purpose, total 18 counseling cases were collected from November 2012 to March 2013 and a qualitative analysis was made accordingly. The result of this study was made by analyzing meaningful subjects emerged in individual testimonies during a counseling process and it shows that the decision to divorce goes through stages such as , , , , , and . In addition, psychological difficulties experienced in a divorce decision process appear to be, , , , , , and . It is meaningful that this study provides counseling strategies for psychosocial support of the elderly women who go through difficulties in their divorce decision making process.

• Journal of Legislation Research
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• no.54
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• pp.111-154
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• 2018

The protection of fundamental rights of people is a natural duty of a state. Since Constitutional Law declare that a state is obliged to protect the fundamental rights of people obviously, it is reasonable to postulate that a state has a duty to protect every person's right much more positively. Of course, it is true that whereas right of freedom is much more important in modern states, the social right becomes more important currently. Nevertheless, we have no choice but to put an emphasis on the importance of the right of freedom like modern states. Thus states are still bound to try to protect the right of people, specific duty of behavior for the sake of right of freedom belongs to states. In particular, due to the fact that lifts are essential to our comfortable life and the demage from the accident concerning with the lifts is fatal, the strategy for securing the safety of using the lifts is significant to some extent. And because it is true that the experience of UK that put an emphasis on the role of civil actors is meaningful to us, there seems implications for us. Accordingly, it is possible to consider the material components such as the check of safety before installation for the sake of safety enhancement, quality control for lifts parts, specification of check criterion and variation of check cycle etc. and personal ones such as specification of qualification of competent persons, guarantee of competent person's independence, variation of obligator's duty and variation of user's obligation etc. However, as the situation of UK is one thing and that of Korea is another, we don't have to adhere to the policy and the experience of UK strictly. Rather, we had better apply the policy and experience of UK to ours appropriately.

• Journal of the Korea Society of Computer and Information
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• v.27 no.1
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• pp.183-191
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• 2022

The Korea Stewardship Code 'Principles on the Fiduciary Responsibilities of Institutional Investors' was introduced in 2016 and the National Pension Service adopted it in 2018. the National Pension Service casted 'dessent' vote on the agenda which is able to reduce the ownership interest of shareholder in general meeting. This paper examines whether 'dissent' voting affected on the ownership interest of shareholder or not. The 'dissent' vote on the agenda are related to revision artical of corperation, appointment or compensation of director and auditor, approval of financial statements ect. The proxies of earnings management is discretionary accruals calculated by modified Jones model. The control variablies are size of assets, liabilities per assets, returns on assets. The results of this study are as followings. First, the 'dissent' voting on the agenda are related to revision artical of corperation, M&A, approval of financial statements ect. are not significant because their sample size is too small, Second, the 'dissent' voting on appointment of director and auditor affected on reduction of discretionary accruals. So the National Pension Service activism shall affect on increasing the ownership interest of shareholder. Third, the 'dissent' voting on compensation of director and auditor is not affected on reduction of discretionary accruals. This results show that 'unconditional dissent voting' on the agenda in general meeting is not to reduce the ownership interest of shareholder.

• The Journal of Korean Philosophical History
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• no.29
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• pp.203-230
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• 2010

This article is aimed for to state the rationality of Mojia and reveal the scientific meaning in the theories related to the motion of objects in Mojing: the basic approach to the principle of gravitation in building castle, and comprehension and application of the principle in the lever devised for improving productivity as well as in an inclined plane. It is denied in this article that the technical advance and the positive influence on the people is achieved by Mojias only because they were occupied in the filed of craft. Mojia was one of the schools of Qin in the early stage who realized how important science wass for the better society focused on humanity. Furthermore, they were the frontiers who pursued the proper society through science. Therefore, the scientific theories claimed by Mojia is not emphasized only on the deducting regularity of nature. Instead, it could be theorized only by guaranteeing the welfare for common people and having close relation to it. The Chinese philosophy in the early Twentieth century had vigorous interest in the Mojia's opinions in science and set about conducting study in this part. Based on the study, it was revealed that the Mojia's opinion toward motion is superior to that of the West. Furthermore, it was proved to reflect the main idea in Mojia: the love for common people. Particularly, the theories from Mojia can be so applicable to today's life that some scholars regret the lack of interest in Mojia for the time and even scold themselves for the retarded progress in science of China.

• Korean Journal of Culture and Social Issue
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• v.20 no.1
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• pp.19-44
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• 2014

This study was conducted to investigate the types of personality of North Korean female refugees, which were extracted from the T-scores of SPFQ(scales of the Sixteen Personality Factor Questionnaire) and psychological adaptation. For this, The data of 158 North Korean female refugees located in Seoul Yangchun-Gu and Gayang-Gu was analyzed. The results were as follows. Firstly, the ratio of over 65T in ego-strength, self-control, social-boldness, anxiety scales and under 34T in abstractedness and openness to change scales was higher than in other scales. Secondly, there were statistically significant differences in personality characteristics based on the demographic variables especially age and the term of residence in South Korea. Thirdly, three distinct groups were extracted from the K-means cluster analysis. The first group was characterized with emotional-unstability and negative emotionality. And the North Korean female refugees in the second group hesitated to enter into and maintain proper relationships with south korean, while they were unlikely to accept norms and rules in South Korea. The third group, characterized by higher emotional stability, ego-strength, and agreeableness, was met normal range in all the scale of SPFQ. Finally, each three groups were showed statistically significant differences in psychological adaptation scales(self-identity and resilience). We expected that these results contributed to explore the psychological and the political plans for North Korean female refugees' settlement in South Korea.

• International Commerce and Information Review
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• v.15 no.2
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• pp.285-313
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• 2013

By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.37-62
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• 2016

Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

• (The)Study of the Eastern Classic
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• no.50
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• pp.179-209
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• 2013

This study takes as its text "Yangarok", the record written by Mukjae Lee Mun Geon (1494-1567) about his grandson rearing and examines the conflicts between the grandfather and the grandson. The reason it is focused on the conflicts between the grandfather and the grandson particularly among many aspects of Yangarok is that the paper notices the dual feelings of love and hatred lying in the mind of Mukjae, the subject of the narrative. Because the record of grandson rearing plainly reflects the dual elements of the grandfather, love and hatred, expectation and disappointment, and hope and resignation, it shows the acute conflicts between the two persons well. At the time of the grandson's birth, Mukjae went through a gloomy period both in family and socially. He had to taste tremendous frustration in the status as an exile pushed back from the center of the political world, and his only son was handicapped, so he could not expect his caring after that. Spending each day in such frustration, he faced the birth of his grandson just like a miracle. However, the excitedness and expectation he had in the beginning of the child raising were turned into disappointment and complaining as time went by. His change lets us think about the distance between love and hatred existing in human relations. This study analyzes Yangarok but is focused on the conflicts between the grandfather and the grandson for further discussion, so it attempts to understand Yangarok from a different perspective. First of all, Chapter 2 of this article notices the fact that cause results in effect and examines the ultimate factors raising grandfather-grandson conflicts. Next, Chapter 3 considers the concrete aspects of grandfather-grandson conflicts. Based on the above examination on the causes and aspects of the conflicts, Chapter 4 focuses on the value that Yangarok has as the material for introspection and lays the ground to think about the messages that this record implies for contemporaries.