• Title/Summary/Keyword: 17 Century

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The Relationship Between Guunmong and Bok-gwae (<구운몽>과 『주역』 복괘의 관련 양상)

  • Shin, Jae-Hong
    • Journal of Korean Classical Literature and Education
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    • no.38
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    • pp.139-173
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    • 2018
  • In the study of Guunmong, which is one of the representative classical $17^{th}$ century novels of the Joseon Dynasty, interpretations through The Book of Change(Juyeok) have recently emerged. It is necessary to more concretely investigate the themes of the research. The writer Kim man-jung wrote the work in an exile situation. In that time he composed a poem using Chinese letters with meaning connected to The book of Change. In particular, the discourse of Bok-gwae(復卦, ䷗) concentrating on the meaning of recovery might be a basis to construct the inner world of the work. The sentence of 'Bok goes well' in The Book of Change suitably match up with the hero's life in Guunmong. In addition the sentences of 'There is no illness in going and coming. So it will be no faults if friends arriver' can be applied to the meeting between the hero and heroines of Guunmong. The general declarations of The Book of Change are appropriate for explaining the contents of Guunmong. There are six Hyos that make up Gwae. The Hyos, from the first one at the bottom to the fifth one up above, connect to the characters of Guunmong. The phrase of 'Not going far away' regarding to the first Yang Hyo can be connected to Yang So-yu, hero of Guunmong. The phrase of 'Recovering beautifully' with regard to the second Eum Hyo can also be realized in the life of Jeong Gyeong-pae and Ga Chunun, two heroines of the work. The phrase of 'Danger owing to frequently recovering' regarding the third Eum Hyo can be applied to the position of Gye Seom-weol and Jeok Gyeong-hong. The phrase of 'Going middle with recovering alone' regarding the forth Eum Hyo can be matched with Sim Yo-yeon and Baek Reung-pa. The phrase of 'No regrets during an intense recovery' with regard to the fifth Eum Hyo is applicable to Yi So-hwa and Jin Chae-bong. The phrase of 'Boding of a confused recovering' regarding the sixth Eum Hyo is related to the writer's situation. The boding of confused recovering is owing to anti-royal road. The contrast between the royal road and the anti-royal road reflects Confucianism and Buddhism, dream and reality, and Yang So-yu in a dream and Seong Jin, who is same hero, in reality. Moreover, the structure of Guunmong which is organized in the form of reality-dream-reality, has a basis in this contrast. Considering these relationships, we can say the classical novel Guunmong is a fable of Bok-gwae. The work is a hopeful narration of an effective recovery that the writer anticipated in exile.

Bibliographic consideration on the efficacy and the origin of Korean ginseng (고려인삼의 유래 및 효능의 서지학적 고찰)

  • Kwak, Yi-Seong
    • Journal of Ginseng Culture
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    • v.1
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    • pp.43-56
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    • 2019
  • Korean ginseng (Panax ginseng) has been known as one of the representative special and healthful products originating from Korea for 4500 to 5000 years. The word of ginseng was first mentioned in JiJuZhang(急就章), written by ShiYou during the reign of King Yuah Di of the Chien Han Dynasty, China (33-48 BC). It has been known that wild Korean ginseng grows in Korean peninsula including Manchuria and the ginseng is found only between the $33^{rd}$ and $48^{th}$ parellels of north latitude. Since the times of three kingdom in Korea at 4-7 century, which is Kokuryo, Baekje and Shila, Korea has been the chief ginseng producing country. A large quantity of ginseng was exported from Korea to China for medicinal use at that times. That was written in SamGukSaGi(三國史記) by BuSik Kim of Koryeo Dynasty in Korea in 1145. The cultivation of Korean ginseng was also recorded in Bencaogangmu(本草綱目) written by LiShi Zen during the regin of the Ming Dynasty in 1596, China. The ginseng seedling, which was known as an original method invented by imitating the method of rice transplantation, appeared in the SeungJeongWon Ilgi(the diaries of the royal secretariat, 承政院日記), 1687 in the regin of King SukJong in Korea. It was suggesting that ginseng cultivation was firstly established in the early 1600s in Korea. On the other hand, red ginseng(written as 熟參) was reported firstly in GoRyeoDoGyeong(高麗圖經)(a record of personal experience in Korea, written in 1123) by SeoGung in Song Dynasty, China. The names of Pansam(written as 板蔘) and Pasam(written as 把蔘), which were the another types of red ginseng products, were came on in the JoSeon Dynasty Annals in 1552 and 1602, respectively. Although the term of red ginseng(Hongsam in Korean) was firstly appeared in the JoSeon Dynasty Annals in 1797, it is believed to have been developed a little earlier periods from the King Jungjong(1506~1545) to the King SeonJo(1567~1608) in Korea. Then, the Korean red ginseng has begun production on a large scale in SamJeong Department of NaeJangWon(內藏院 蔘政課) in the Korean Empire(大韓帝國) in 1899. More detailed records about red ginseng production method were written in the SohoDanag Miscellany(韶濩堂集) by Taekyoung Kim at 1916 year in Korea. On the while, the efficacy of ginseng was first recorded in Shennongbencaojing(神農本草經) written in China(BC 83-96) and the efficacy has been continuously inherited.

A study on the essence of Ye and its usualness - With focus on Shirak's feature of Yulkok's Yegyo (예(禮)의 본질(本質)과 일상성(日常性) - 율곡(栗谷) 예교(禮敎)의 실학적(實學的) 성격(性格)과 일상성(日常性)을 중심으로 -)

  • Lee, Haeng-hoon
    • (The)Study of the Eastern Classic
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    • no.35
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    • pp.161-188
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    • 2009
  • Confucianism's concept of Ye is ruled by the absolute principle of the universe on one hand, and by "the rules of Ye(節文)" and "the rules of ceremony(儀則)", the principle of relative articulation on the other hand. The realizations of the absolute principle of Ye is depending on its usage in everyday life which is fundamentally conditioned by time and space. Thus, Ye's usage can be maximized when the fundamental principle and the condition of its usage make a mutual harmony. Of course, Ye and Ak(樂) are doing complementary roles for each other, since Ye is a principle of a division and Ak is a principle of combining features. However, the essence of Ye can be figured out as the characteristics of mutual reciprocity among things of hierarchy between the classes. Not only in Modern one But also in the medieval society, Ye was not a one-sided force. The essence of Ye does not retain the interests of an individual and the power of a group. If so, the formal aspects of Ye had been distorted. Confucianism demands a strict morality and ethics of a normal person as well as of the ruler. The characteristics of Ye is democratic and open to the condition of time and space. Yegyo should be rooted in everyday lives and realized as a usualness. Therefore, Shirak was an inevitable feature of Yegyo. During the 16th and the 17th century, Ye insinuated into everyday lives of the public in the Korean society. Yulgok Yiyi(李珥)'s Haejuhyangyak(海州鄕約) was estimated as the exemplary feature of Shirak.

A Study of sacrificial rites related Royal Mausoleums in early Joseon Dynasty (조선초기 왕릉제사의 정비와 운영)

  • Han, Hyung-Ju
    • Journal of Korean Historical Folklife
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    • no.33
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    • pp.115-143
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    • 2010
  • The purpose of this study is to analyze contents and process of rites about sacrificial rites related Royal Mausoleums in early Joseon Dynasty, and to conclude, to review the position of Royal Mausoleums in the whole National Rites System. The sacrificial rites related Royal Mausoleums started from building Royal Mausoleums of 8 persons-ancestors since King T'aejo's great-great-grandparents, in 1392, founding Joseon Dynasty. In 1408, King T'aejo had died and his Kŏnwŏnnŭng (健元陵) was builted in Yangju, Gyeonggi-do. Since then, after kings of many generations died, each of Royal Mausoleums was builted solemnlly. In the process of this, sacrificial rituals modified and supplemented, especially during the reign of king Sejong(1418~1450). After all, the sacrificial rites related Royal Mausoleums was settled in KukchoOryeūi(國朝五禮儀, Five State Rites) compiled during the reign of King Sŏngjong. In process of Institutionalization of sacrificial rituals, the argument between king and vassals about four-seasons' ancestral rites was properly or not was occurred. That was because the memorial times of Royal Mausoleums overlaped Chongmyo's and more important Chongmyo's ancestral rites was neglected. But four-seasons' ancestral rites of Royal Mausoleums was continued until 17th century. Sacrificial rites related Royal Mausoleums as royal personal rites had simple processes compared to sacrificial rites of Chongmyo, upper-graded formal ancestral rites, under National Rites system. Justifying to served his parents with devotion, the kings in early Joseon Dynasty went to Royal Mausoleums 2-3 times annually. During coming and going, he show off his presence as king in power to his subjects through magnificent guard of honor. On the one hand, he met his subjects directly and acceded to various petition. Above all things, The kings in early Joseon Dynasty emphasized his military power through military training, namely, hunting, disposition of troops, and so on.

The Concentration of Economic Power in Korea (경제력집중(經濟力集中) : 기본시각(基本視角)과 정책방향(政策方向))

  • Lee, Kyu-uck
    • KDI Journal of Economic Policy
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    • v.12 no.1
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    • pp.31-68
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    • 1990
  • The concentration of economic power takes the form of one or a few firms controlling a substantial portion of the economic resources and means in a certain economic area. At the same time, to the extent that these firms are owned by a few individuals, resource allocation can be manipulated by them rather than by the impersonal market mechanism. This will impair allocative efficiency, run counter to a decentralized market system and hamper the equitable distribution of wealth. Viewed from the historical evolution of Western capitalism in general, the concentration of economic power is a paradox in that it is a product of the free market system itself. The economic principle of natural discrimination works so that a few big firms preempt scarce resources and market opportunities. Prominent historical examples include trusts in America, Konzern in Germany and Zaibatsu in Japan in the early twentieth century. In other words, the concentration of economic power is the outcome as well as the antithesis of free competition. As long as judgment of the economic system at large depends upon the value systems of individuals, therefore, the issue of how to evaluate the concentration of economic power will inevitably be tinged with ideology. We have witnessed several different approaches to this problem such as communism, fascism and revised capitalism, and the last one seems to be the only surviving alternative. The concentration of economic power in Korea can be summarily represented by the "jaebol," namely, the conglomerate business group, the majority of whose member firms are monopolistic or oligopolistic in their respective markets and are owned by particular individuals. The jaebol has many dimensions in its size, but to sketch its magnitude, the share of the jaebol in the manufacturing sector reached 37.3% in shipment and 17.6% in employment as of 1989. The concentration of economic power can be ascribed to a number of causes. In the early stages of economic development, when the market system is immature, entrepreneurship must fill the gap inherent in the market in addition to performing its customary managerial function. Entrepreneurship of this sort is a scarce resource and becomes even more valuable as the target rate of economic growth gets higher. Entrepreneurship can neither be readily obtained in the market nor exhausted despite repeated use. Because of these peculiarities, economic power is bound to be concentrated in the hands of a few entrepreneurs and their business groups. It goes without saying, however, that the issue of whether the full exercise of money-making entrepreneurship is compatible with social mores is a different matter entirely. The rapidity of the concentration of economic power can also be traced to the diversification of business groups. The transplantation of advanced technology oriented toward mass production tends to saturate the small domestic market quite early and allows a firm to expand into new markets by making use of excess capacity and of monopoly profits. One of the reasons why the jaebol issue has become so acute in Korea lies in the nature of the government-business relationship. The Korean government has set economic development as its foremost national goal and, since then, has intervened profoundly in the private sector. Since most strategic industries promoted by the government required a huge capacity in technology, capital and manpower, big firms were favored over smaller firms, and the benefits of industrial policy naturally accrued to large business groups. The concentration of economic power which occured along the way was, therefore, not necessarily a product of the market system. At the same time, the concentration of ownership in business groups has been left largely intact as they have customarily met capital requirements by means of debt. The real advantage enjoyed by large business groups lies in synergy due to multiplant and multiproduct production. Even these effects, however, cannot always be considered socially optimal, as they offer disadvantages to other independent firms-for example, by foreclosing their markets. Moreover their fictitious or artificial advantages only aggravate the popular perception that most business groups have accumulated their wealth at the expense of the general public and under the behest of the government. Since Korea stands now at the threshold of establishing a full-fledged market economy along with political democracy, the phenomenon called the concentration of economic power must be correctly understood and the roles of business groups must be accordingly redefined. In doing so, we would do better to take a closer look at Japan which has experienced a demise of family-controlled Zaibatsu and a success with business groups(Kigyoshudan) whose ownership is dispersed among many firms and ultimately among the general public. The Japanese case cannot be an ideal model, but at least it gives us a good point of departure in that the issue of ownership is at the heart of the matter. In setting the basic direction of public policy aimed at controlling the concentration of economic power, one must harmonize efficiency and equity. Firm size in itself is not a problem, if it is dictated by efficiency considerations and if the firm behaves competitively in the market. As long as entrepreneurship is required for continuous economic growth and there is a discrepancy in entrepreneurial capacity among individuals, a concentration of economic power is bound to take place to some degree. Hence, the most effective way of reducing the inefficiency of business groups may be to impose competitive pressure on their activities. Concurrently, unless the concentration of ownership in business groups is scaled down, the seed of social discontent will still remain. Nevertheless, the dispersion of ownership requires a number of preconditions and, consequently, we must make consistent, long-term efforts on many fronts. We can suggest a long list of policy measures specifically designed to control the concentration of economic power. Whatever the policy may be, however, its intended effects will not be fully realized unless business groups abide by the moral code expected of socially responsible entrepreneurs. This is especially true, since the root of the problem of the excessive concentration of economic power lies outside the issue of efficiency, in problems concerning distribution, equity, and social justice.

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Jangdo(Small Ornamental Knives) manufacturing process and restoration research using Odong Inlay application (오동상감(烏銅象嵌)기법을 활용한 장도(粧刀)의 제작기술 및 복원연구)

  • Yun, Yong Hyun;Cho, Nam Chul;Jeong, Yeong Sang;Jang, Chu Nam
    • Korean Journal of Heritage: History & Science
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    • v.49 no.2
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    • pp.172-189
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    • 2016
  • In this research, literature research on the Odong material, mixture ratio, casting method and casting facility was conducted on contemporary documents, such as Cheongong Geamul. Also, a long sword was produced using the Odong inlay technique. The sword reproduction steps were as follows; Odong alloying, silver soldering alloying, Odong plate and Silver plate production, hilt and sheath production, metal frame and decorative elements, such as a Dugup (metal frame), production, Odong inlay assembly and final assembly. For the Odong alloy production, the mixture ratio of the true Odong, which has copper and gold ratio of 20:1, was used. This is traditional ratio for high quality product according to $17^{th}$ century metallurgy instruction manual. The silver soldering alloy was produced with silver and brass(Cu 7 : Zn 3) ratio of 5:1 for inlay purpose and 5:2 ratio for simple welding purpose. The true Odong alloy laminated with silver plate was used to produce hilt and sheath. The alloy went through annealing and forging steps to make it into 0.6 mm thick plate and its backing layer, which is a silver plate, had the matching thickness. After the two plates were adhered, the laminated plate went through annealing, forging, engraving, silver inlaying, shaping, silver welding, finishing and polishing steps. During the Odong colouring process, its red surface turns black by induced corrosion and different hues can be achieved depending on its quality. To accomplish the silver inlay Odong techniques, a Hanji saturated with thirty day old urine is wrapped around a hilt and sheath material, then it is left at warm room temperature for two to three hours. The Odong's surface will turn black when silver inlay remains unchanged. Various scientific analysis were conducted to study composition of recreated Odong panel, silver soldering, silver plate and the colouring agent on Odong's surface. The recreated Odong had average out at Cu 95.57 wt% Au 4.16wt% and Cu 98.04 wt% Au 1.95wt%, when documented ratio in the old record is Cu 95wt% and Au 5wt%. The recreated Odong was prone to surface breakage during manufacturing process unlike material made with composition ratio written in the old record. On the silver plate of the silver and Odong laminate, 100wt% Ag was detected and between the two layers Cu, Ag and Au were detected. This proves that the adhesion between the two layers was successfully achieved. The silver soldering had varied composition of Ag depending on the location. This shows uneven composition of the silver welding. A large quantities of S, that was not initially present, was detected on the surface of the black Odong. This indicates that presence of S has influence on Odong colour. Additional study on the chromaticity, additional chemical compounds and its restoration are needed for the further understanding of the origin of Odong colour. The result of Odong alloy testing and recreation, Odong silver inlay long sword production, scientific analysis of the Odong black colouring agent will form an important foundation of knowledge for conservation of Odong artifact.

The Characteristics and Operation System of the Staff Officials at Jongbusi (Court of the Royal Clan) in the Late Joseon Period - Based on Jongbusi nangcheong seonsaengan (Register of Staff Officials at the Court of the Royal Clan) Kept at Jangseogak Archives (조선 후기 종부사(宗簿寺) 낭청(郎廳)의 실태 및 운영체계 - 장서각 소장 『종부사낭청선생안(宗簿寺郎廳先生案)』을 중심으로 -)

  • Kim, Dong-geun
    • (The)Study of the Eastern Classic
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    • no.69
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    • pp.83-114
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    • 2017
  • The purpose of this article is to analyze the standings of working-level officials belonging to Jongbusi (Court of the Royal Clan) holding the rank of "jeong" and below between the 18th and mid-19th Century. Jongbusi, which was headed by a Grade-3 official, was in charge of the compilation of royal genealogy and supervision of royal relatives. During the late Joseon Period, its officials were composed of its chief, jeong, jubu (Grade-6 official), and jikjang (Grade-7 official). By 1864, it was incorporated into Jongchinbu (Office of the Royal Relatives). Jongbusi nangcheong seonsaengan (Register of Staff Officials at the Court of the Royal Clan), which is preserved at the Jangseogak Archives of the Academy of Korean Studies, lists the officials who served at the office between 1794 and its incorporation into Jongchinbu in 1864. The register also includes the officials' ranks, names, DOBs, family clans, their ranks in the offices they were transferred from, their ranks in the office they were transferred to, etc. Those interested view it as a precious relic that provides valuable information on the officialdom of the dynasty. A majority of the officials who served at Jongbusi were those who passed the higher civil service examination. Many of them at the level of jikjang were those who passed the licentiate examination. Their designation as an official was part of the "muneum" system, which granted official posts to descendants of those who accomplished a distinguished service for the country or served as a high-ranking official. They were those transferred from equal or lower positions in another office. Many of jubu-level officials of Jongbusi were those transferred from honorable and important posts of other offices or local administrative offices. Many of jikjang-level officials of Jongbusi were those who previously served as dosa (assistant officials) at Uigeumbu (Bureau of Crime Investigation) headed by a Grade-1 official. The officials' transfer to an office with a lower position like Jongbusi appears to have been for the provision of placing them in working-level positions rather than letting them remain in positions only carrying an honorary title. As for the transfer of officials of Jongbusi to other offices, many of those with the rank of jeong were transferred to lower positions. Supposedly it was because not many Grade-3 positions were vacant. Many of them were transferred to honorable and important posts. Some of them were also transferred to positions at local government offices, supposedly to avoid an excess of personnel at the central government. Those at the level of jubu or jikjang of Jongbusi were transferred to equal or higher posts in other offices. Particularly, most of those holding the position of jikjang (Grade-7) were transferred to higher posts. The family clan that produced the largest number (10%) of Jongbusi officials was the Jeonju Yi Clan, which produced the largest number of those who passed the higher civil service examination. It was also found that the top 20 family clans produced about half of the entirety of Jongbusi officials. According to the aforesaid Jongbusi nangcheong seonsaengan, about 90% of the cases of promotion of Jongbusi officials occurred after the revision of Seonwon boryak (Royal Genealogy of the Joseon Dynasty). It is speculated that the supervision of royal family members, one of the two leading functions assigned to Jongbusi, was suspended in the late Joseon Period. The relevant function does not appear even in chronicles pertaining to the Joseon Dynasty. The reason being had something to do with the sharp decrease in the number of royal family members during the reign of King Injo (r. 1623-1649). Their number was decreased to the extent that royal ceremonies could not be adequately carried out. Naturally, the meaning of supervising royal family members faded. Witnessing such a sorry state of the royal family, Heungseon Daewongun, King Gojong's father who served as the regent, incorporated Jongbusi into Jongchinbu in an effort to enhance the status and authority of the royal family.

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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