• Title/Summary/Keyword: 탈피

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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.

A Study on the Effective Way of Supplying of Highly Educated Fashion Specialists -Focusing on the Korean Apparel Manufacturers in Dalian, China- (패션 전문가의 성공적인 중국 진출에 관한 연구 -중국 대련의 의류제조업체를 중심으로-)

  • Bae Soo-Jeong
    • Journal of the Korean Society of Clothing and Textiles
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    • v.29 no.12 s.148
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    • pp.1562-1570
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    • 2005
  • The purpose of this thesis is to find the effective way of practical education in the fashion related department in order to supply the appropriate experts to the Korean apparel manufacturers located in Dalian, China. The interviews were made twice from $25^{th}$ of Feb. to $15^{th}$ of Mar. 2005 and from $28^{th}$ of July to 31st of July 2005 through the method ot a direct interview with the CEOs of the 7 representative apparel manufactures. The results of the interviews were as following. Seven companies$(100\%)$ participated in the survey all complained of insufficient workers. Also the companies were having difficulties at finding appropriate workers who can handle designing, management, and circulation, because specialists who are fluent in Korean and Chinese are very rare. Moreover, Korean apparel manufacturers are now taking a step further to launch a high quality fashion brand, getting out of the simple hand work depending on low wage or low-tech(6 companies $85.7\%$). Thus, well-educated fashion specialists(intermediate manager) are required on the part of Korean clothing companies or apparel manufacturers in China. It is expected the intermediate managers and the specialists who are capable of launching a new brand will be urgently needed. Therefore, appropriate educations in Korea would be essential to minimize the problems the Korean fashion specialists might face in China. 1 would like to present three suggestions. 1. The highly educated Korean fashion specialists on apparel industry will be a solution both to the high jobless status in our country and to the deficiency in human resources of Korean apparel manufacturers in Dalian. 2. The students in the college should learn how to write down the working chart and matching chart in practical conditions. Taking an intern-ship in working factories in China during a certain period of time will be helpful. 3. The experts should be trained with emphasis on the quality, design, and value of the brand. This study will be used as a base for Koreans who work in fashion related department to enter the Chinese fashion market having a great potential.

Physicochemical Properties of Breeding Lines of Colored Barleys (유색보리 육성계통의 이화학적 특성)

  • Choi, Jae-Seong;Park, Soo-Jin;Joung, Yong-Myeon;Kim, Jung-Gon;Won, Mi-Hee;Kang, Myung-Hwa
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.51 no.spc1
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    • pp.125-132
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    • 2006
  • The below is the results of physicochemical analysis of 40 breeding lines of colored barley (CB) whose systems are different Water content of CB No. 24 showed the lowest value of 7.4% while CB No. 9 showed the highest value of 10.8%. Crude protein of CB $9.7{\sim}12.9%$ range was found. Crude fat content of CB No. 6 showed the highest value of 4.35% while CB No. 34 showed the lowest of 1.35%. Crude ash content of CB No. 31 showed the lowest value of 1.20%. Ca content of CB No. 10 showed the highest value of 717.50 mg% while general barley showed the lowest value of 442.82 mg%. Mg content of CB No. 10 showed the highest value of 1320.00 mg%. Cu content of CB No. 20 showed the lowest value of 2.20 mg% while CB No. 33 showed the highest value of 6.25 mg%. K content of CB No. 20 showed the lowest value of 723.24 mg% while CB No. 1 showed the highest value of 1002.50 mg%. Mn content of CB No. 28 showed the lowest value of 31.72 mg% while general barley showed the highest value of 94.56 mg%. ${\beta}-Glucan$ content of CB No. 25 showed the lowest value of 5.20 mg% while CB No. 28 showed the highest value of 4.46 mg%.

Nutritional Value of Soybean Meal from Various Geographic Origin and Effect of Their Dietary Supplementation on Performance of Broilers (원산지가 다른 대두박의 영양적 가치평가와 육계의 생산성에 미치는 영향)

  • Lee, Bo-Keun;Kim, Jae-Young;Kim, Ji-Sook;You, Sun-Jong;An, Byoung-Ki;Kim, Eun-Jib;Kang, Chang-Won
    • Journal of Animal Science and Technology
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    • v.51 no.3
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    • pp.217-224
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    • 2009
  • This study was carried out to investigate the nutritional value of soybean meal (SBM) from various geographic origins and the effects of their dietary supplementation on performance of broiler chickens. Nutritional value of dehulled SBM originating from USA, and non-dehulled SBM from India (IND), Argentina (ARG) and Korea (KOR) were evaluated by analyzing chemical composition, urease activity (UA) and KOH solubility, and determining true metabolizable energy (TME), nitrogen corrected TME (TMEn) and true amino acid availability (TAAA). The contents of crude protein ranged from 45.43% (ARG) to 48.47% (USA) and those of crude fiber varied widely from 3.48% (USA) to 7.12% (IND). The measurements of lysine varied from 2.79% (IND) to 3.09% (USA) and those of methionine from 0.56% (IND) to 0.65% (USA). The values of TMEn varied from 2986.6 kcal/kg (IND) to 3228.9 kcal/kg (USA) and the averages of TAAA were from 91.61% (IND) to 92.27% (USA). UA was found to be from 0.02 (ARG) to 0.04 (KOR, USA) and those of KOH solubility from 73% (ARG) to 84% (USA). A total of four hundred 20-days-old male broiler chicks were divided into four groups and fed with isocaloric and isonitrogenous experimental diets containing 27.5% of SBM and same amounts of lysine and sulfur amino acids for 15 days. Final body weight and body weight gain were the highest in birds fed with SBM from USA and lowest in birds fed with SBM from IND although the differences were not statistically significant. The feed/gain in chicks fed diet containing SBM from USA was significantly improved (p<0.05) compared to those of the other groups. There were no significant differences in carcass characteristics and the concentration of total cholesterol in serum among the treatments. The results of in vitro assay and bioassay agreed with the performance of broiler chicks, and thus there were close correlation between the broiler performance and the measured nutritive values of SBM. In conclusion, dehulled SBM from USA was superior to non- dehulled SBM from ARG and IND with regard to nutritive values.

A research on the status quo of industrial-educational cooperation in Technical high schools (공업계 고교에서의 산학협력 실태 조사 연구)

  • Lee, Byung-Wook
    • 대한공업교육학회지
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    • v.34 no.2
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    • pp.1-19
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    • 2009
  • The goal of this study is to examine the status quo of industrial-educational cooperation in Technical high schools. Based upon the findings of the current conditions, this study ultimately aims to propose methods through which more active industrial-educational cooperation can be stimulated. The methods chosen for this study are reference research and surveys. The survey was conducted by imposing complete enumeration on the targeted high schools that specialize in industry related fields. The survey targets were the directions of academic affairs, the directions of practical affairs, and the directors of the educational curriculum of each school.The research results are as follows: First, the teachers recognize the necessities of having opportunities to gain specific skills in different industrial fields, having chances to get stable employment, and securing the industrial institution's competitiveness through the customized nurturing and supply of human resources as the primary goals of industrial-educational cooperation. Second, the teachers express the similar opinion that industrial-educational cooperation in their current system is inappropriate to achieve their goals. Third, the teachers claim that an educational curriculum that emphasizes industrial educational cooperation must be developed and managed. Fourth, it was found that when schools plan their educational curriculum, they often do not implement the requests from industrial institutions. Fifth, major educational program implement methods that meet the requests of the industrial institutions include field trips or the introduction of other field-based experience learning programs, the application of customized curriculums based on industrial-educational cooperation, and the invitation of industrial-educational personnel as teachers to school environments. Sixth, it was concluded that educational institutions need to proactively seek companies for cooperation; they need to support, develop, and manage school programs that are based on industrial-educational cooperation; and finally, institutions need to enthusiastically participate in the government's vocational education policies that are founded upon industrial-educational cooperation. Seventh, the enforcement of selective curriculum for the benefit of diversifying the educational program; the pursuit of balancing the specialized curriculum through shedding the national educational level provided within the regular curriculum; and the establishment of related amendments on the national level to provide effective industrial-educational cooperation have been identified as the vital factors that can develop the educational programs within high schools specializing in industry and that are closely related to industrial educational cooperation.

Acceptance, Modification and Rejection of Paternalism in Korean Medical Law (한국 의료법에서 후견주의 이념의 수용, 변형 그리고 거부 - 치료중단에 대한 법원 판결을 중심으로 -)

  • Kim, Na-Kyoung;Harmon, Shawn H.E.
    • Development and Reproduction
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    • v.14 no.2
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    • pp.143-154
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    • 2010
  • This article analyzes two leading Korean cases which led to opposite conclusions: the Boramae Hospital Case (Korean Supreme Court 2002 Do 995) and the Shinchon Severance Hospital Case (Korean Supreme Court 2009 Da 17471). In doing so, it pays particular attention to the acceptance, modification, and rejection of paternalism, specifically 'physician paternalism' and 'familial paternalism', both of which have long and strongly influenced the Korean medical environment. In Boramae Hospital, the Court emphasized the obligation of the physician in terms of the life of the patient (eg: protecting and preserving the life and welfare of the patient). Its position seemed to be based on the traditional physician paternalism which presupposes the ability of physicians to identify right and wrong choices according to natural laws. However, the Court saw itself as the final arbiter of who identifies and determines the real world content and consequences of that natural law. In short, the Court elevated itself to the supreme guardian of the patient, and held that its decision cannot be overruled by that of the patient's family. So without specifically referring to the importance of the family and the role of familial decisions, both long-observed traditions in medical decision-making in Korea, the Court shifted away from familial paternalism. In Shinchon Severance Hospital, the Court explained the meaning of the patient's powers of self-rulemore concretely, explaining its scope and substance in greater detail. The Court held that one can exercise the right of self-rule, even over issues such as death, in the form of 'previous medical directions'. However, this case does not represent a wholesale acceptance of medical autonomy (ie: it does not accept self-rule unconditionally). Rather, the Court accepted the importance of the opinions and decision of physicians and of the Hospital Ethics Commission, and the Court still retained to itself the authority to review and make alterations to 'material' decision. The Court did not overlook the importance of the decision of the patient's family, but it also did not relinquish its status as supreme guardian, emphasizing the 'objective' nature of a decision from the court.

Effects of the Hormone Mimetid Insecticide Tebufenozide on Chironomus flaviplumus Larvae (Chironomus flaviplumus (Diptera: Chironomidae)에 잠재적 환경교란물질, Tebufenozide 처리효과)

  • 곽인실;이원철
    • Korean Journal of Environmental Biology
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    • v.21 no.1
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    • pp.72-76
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    • 2003
  • We investigated the effects of molting-hormone insecticide tebufenozide on fourth larvae of the midge C. flaviplumuon in growth development from fourth-instar to adult. Fourth-instar larvae were exposed test concentrations were chosen control, 10 $\mu\textrm{g}$$L^{-1}$, 30 $\mu\textrm{g}$$L^{-1}$, 60 $\mu\textrm{g}$$L^{-1}$ and 100$\mu\textrm{g}$$L^{-1}$. In control and 10 $\mu\textrm{g}$$L^{-1}$, 10~20% individuals succeed adults while low emergence rates were observed surplus 30 $\mu\textrm{g}$$L^{-1}$. Death larvae appeared a various day along the concentration. We observed the converged day: control, 10 $\mu\textrm{g}$$L^{-1}$, 30 $\mu\textrm{g}$$L^{-1}$ and 60~100 $\mu\textrm{g}$$L^{-1}$ were day 4 to day 18, day 13 to day 16, day 9 to day 17 and day 9 to day 15, respectively. Therefore we concerned a tendency that exposure concentration was high, death period was short. Also, due to molting hormone disruption, development of midge was postponed relatively low concentration such as 10 $\mu\textrm{g}$$L^{-1}$. The converged days of pupa stage revealed control, 10 $\mu\textrm{g}$$L^{-1}$, 30 $\mu\textrm{g}$$L^{-1}$ and 60~100$\mu\textrm{g}$$L^{-1}$ were day 11~15, day 16~20, day 9~15 and day 5~9, respectively. About 10% individuals grow up the pupa-stage in 60~100 $\mu\textrm{g}$$L^{-1}$ condition. Sex ratio of the emerged adults was not different in this study. Death pupae frequently appeared in day 13~16 in control, day 6~23 in 10 $\mu\textrm{g}$$L^{-1}$, day 13~16 in 30 $\mu\textrm{g}$$L^{-1}$ and day 6~16 in 60~100 $\mu\textrm{g}$$L^{-1}$.

Study of Animation Comicality, Characters in (<슈렉> 캐릭터에 나타난 애니메이션 희극성 연구)

  • Lee, Chae-Ron
    • Cartoon and Animation Studies
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    • s.38
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    • pp.145-176
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    • 2015
  • In animation, 'laughter' is an important factor for the fun. Dreamworks' animation is a successful popular animation. It has four series and spin-off animations, and settled as a successful case that created fun with strategic use of parody throughout the productions. Most preceding studies on this animation have focused on its humor, parody, and satire. However, not many studies have discussed its independent comedy as a piece of animation that satisfies the needs of public. This study considered that viewers' desire to watch an animation comes from their fantasies to discuss the comedy of based on its animated characters. Animated characters communicate with the public with wits that ignore the rules of reality. The characters that do not exist in reality are created and animated to turn the world of reality upside down. The comedy in comes from the entertaining deformation of the society's fixed ideas and prejudices. It is a fun variation of the ideology behind fairy tales created by the Disney animations to challenge Disney in the animation market in reality, and twisted the world of fairy tales in the story to quench the thirst of the public. 'Shrek', a monstrous character, stands in the center of the story. A monstrous character that always played an anti-role has become the main character to break the rule of fairy tales. This is the subjectivation of anti-character. Second, it is a new anti-character with an exaggerated and distorted body. Lord Farquad, who looks abject compared to the monstrous character for a person with so much power and ambition, brings laughter. Third, it is the variation of various characters from fairy tales. The conventional fairy tale characters, both animals and non-living things, come out of the box and appear as humorous characters that bring life to the story. uses comedy characters in the process of reinterpreting the fixed ideas, prejudices, and ideologies of the real world created by fairy tales. I hope that it helps Korean animations establish a successful format for creating characters that bring life to the stories.

The Internal Representations of (1973) as seen through Walter Benjamin's Dialectical Images (프랭크 무리스의 콜라주 애니메이션 <프랭크 필름>(1973)에 나타난 내적 표현 : 발터 벤야민의 변증법적 이미지를 중심으로)

  • Kim, Young-Ok;Moon, Jae-Cheol
    • Cartoon and Animation Studies
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    • s.38
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    • pp.53-70
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    • 2015
  • In industrialized societies throughout the 19th and 20th centuries, Over Produced and Mass consumption images were constantly shown to people via Mass-Media as means to provoke one's desire. Frank Mouris, the American independent animator, captured and showed the infinite nesting of industrialized image with his autobiographical story through his work (1973) and made it as an intense visual flow. This innovative art animation has broke the traditional form of narrative animation and won the Annecy Animation Festival Grand Prix and the Academy Awards in 1974. This was also selected for preservation in the United States National Film Registry by the Library of Congress as being culturally, historically, or aesthetically significant in 1996. This study explores and shows that how these a-half million images to express Franks Mouris's autobiographical story in could be analyzed by the concept of Walter Benjamin's 'dialectical images'. Typically, the term 'dialectic' need to be formed by contradiction or opposite concept in the basic principles, but a dialectical image of Benjamin could be formed without any opposite concept while maintaining the uniqueness of each new relationship of the past. Benjamin's dialectical images are no longer stay in the historical past, It always meets with the present when someone realizes the past in the present moment. I suggest three different aspect according to Benjamin's point of view to analyse this animated film such as 'Historical-dialectical imaging of private/collective memory', 'Reconfiguring of present through analysing the relationship between the image flows and its own time/space', and 'Old future over the existing fragment and the presence of fragment. has the great value not only to present the experimental and innovative aesthetics of animated film, but also to show an analysis of contemporary culture and social aspect in mid-20th century. This study is to explore the diversity of animation representation, aesthetics, and also to suggest a new aspect of animation studies.

Deconstructive reading of Makoto Shinkai's : Stories of things that cannot meet without their names (해체로 읽는 신카이 마코토의 <너의 이름은. 군(君)の명(名)は.> : 이름 없이는 서로 만날 수 없는 사물들에 대해)

  • Ahn, Yoon-kyung;Kim, Hyun-suk
    • Cartoon and Animation Studies
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    • s.50
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    • pp.75-99
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    • 2018
  • Makoto Shinkai, an animated film maker in Japan, has been featured as a one-person production system and as a 'writer of light', but his 2016 release of "Your Name" was a departure from the elements that characterize his existing works. At the same time, by the combination of the traditional musubi(むすび) story, ending these, it was a big hit due to its rich narratives and attraction of open interpretation possibility. As it can be guessed from the title of this work, this work shows the encounter between the Japanese ancient language and the modern language in relation to the 'name', and presents the image that the role of the name(language) is repeatedly emphasized with various variations in events for the perfect 'encounter'. In this work, the interpretations of $Signifi\acute{e}$ for characters and objects are extended and reserved as a metaphorical role of the similarity, depending on the meaning of the subject which they touch. The relationship between words and objects analyzed through the structure of Signifiant and $Signifi\acute{e}$ is an epoch-making ideological discovery of modern times revealed through F. Saussure. Focusing on "the difference" between being this and that from the notion of Saussure, Derrida dismissed logocentrism, rationalism that fully obeyed the order of Logos. Likewise, dismissing the center, or dismissing the owner had emerged after the exclusive and closed principle of metaphysics in the west was dismissed. Derrida's definition of 'deconstruction' is a philosophical strategy that starts with the insight on the nature of language. 'Dissemination,' a metaphor that he used as a methodological concept to read texts acts as interpretation and practice (or play), but does not pursue an ultimate interpretation. His 'undecidability' does not start with infinity, but ends with infinity. The researcher testifies himself and identifies that we can't be an interpreter of the world because we, as a human are not the subject of language but a user. Derrida also interpreted the world of things composed of Signifiant and $Signifi\acute{e}$ as open texts. In this respect, this study aimed to read Makoto's works telling about the meeting of a thing and a thing with name as a guide, based on Derrida's frame of 'deconstruction' and 'dissemination.' This study intends to re-consider which relationship the Signifiant and $Signifi\acute{e}$ have with human beings who live in modern times, examine the relationship between words and objects presented in this work through Jacques Derrida's destruction and dissemination concepts, and recognize that we are merely a part of Signifiant and $Signifi\acute{e}$. Just as Taki and Mitsuha confirm the existence by asking each other, we are in the world of things, expecting musubi that a world of names calls me.