• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.67-92
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• 2008

The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.34 no.2
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• pp.27-34
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• 2016

The results of investigation on the spatial composition and landscape characteristics of Shimwon-pavilion garden built and enjoyed by Jo Byeong-sun in 1937 during the period of Japanese colonialism based on 'Shimwon-pavilion Soosukgii(水石記)' and 'Shimwon-pavilion Poem of 25 Sceneries(二十五詠)' contained in 'Anthology of Giheon(寄軒)' are as follows. 1. Shimwon-pavilion garden is assumed as Byeol-Seo garden based on the planning background and contents of Gimun and the observations on spot. By its location, it is classified as 'Planted forest' with a pine forest in the north and 'Byeol-Seo of mooring type' with Guyacheon flowing in the garden. It is about 400m away from the main house in the straight-line distance. 2. The meaning and attributes of reclusiveness are well represented in the 'screening structures' all around Shimwon-pavilion garden with Hakrimsan, a Gasan(假山) in the north, vines on Chwibyeong(翠屛) in the east and west, Eunbyeong(隱屛) of stone walls along with Guyacheon in the south, which shows the spirit of Giheon who adored the Taoistic life. 3. Shimwon-pavilion garden, located in the Songrimsa, a temple of thousand years, is a place of consilience where Buddhism was accepted, Taoistic life was pursued with Tao Yuan-ming's philosophy regarding rural areas and romantic sensibilities of Li Po, called poem master(詩仙), the confucian values of Zhu Xi were realized. Giheon intended to build and enjoy this place as a microcosm and shelther where he unfolded his own view of learning and cultivated his mind. 4. 25 sceneries on Shimwon-pavilion consist of 5 sceneries in the space of pavilion(architecture) and 20 sceneries in the outer garden. First, 5 sceneries consist of ancillary rooms for various uses, including Jeongunru, Amsushil, Wiryujae, Iyeoldang, and Jeong-Gak Shimwon-pavilion embracing them, which shows that Shimwon-pavilion is a place to foster younger students. And 20 scenary is divided into 9 sceneries on the natural spaces and 11 artificially created facilities. 9 sceneries are engraved on the rocks as described in 'Seokgyeonggi'. 5. 4 sceneries of the indoor scenery lexemes(亭閣 心遠亭 怡悅堂 停雲樓 闇修室) were intended to be recognized by the framed pictures, 5 places among the scenery lexemes in garden(龜巖 醒石 隱屛 兩忘臺 東槃) by letters carved on the rocks, and 8 places(君子沼 杞泉 天光雲影橋 芳園 槐岡 柳堤 石扉 東翠屛) by sign stones, but signs of 8 sceneries are not currently identified because they have been be swept away and demolished. 6. A variety of plant landscapes with various meanings and water landscape with various types are contained in 25 sceneries - Sophora symbolizing a tree for scholar in Gehgang(槐岡), Willow symbolizing Tao Yuanming and continued vitality in Yooje(柳堤), Boxthorn symbolizing family togetherness in spring(杞泉), vines and herbal plants and waterfalls(隱瀑), shallow pond(君子沼), pond(湯池), water hole(杞泉), water flowing in the middle of rock(盤陀石), water flowing between the rocks(水口巖). 7. While Shimwon-pavilion garden is a garden near the water, the active involvements with 11 sceneries directly built is distinguished. The other pavilion gardens are faithful in engraving the names by setting the scenery lexemes of the nature-oriented Gyeong(景) and Gok(曲) near and far, but Shimwon-pavilion garden is a garden for active learning(修景) with the spaces built to match with the beautiful nature and to show the depths of space off.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.37 no.4
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• pp.81-97
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• 2019

The purpose of this study is to examine what people in Korea recognize the cultural symbolism and the planting patterns of 'Guǐmok', pagoda tree(Sophora japonica). The species planted in the 'Guǐjeong' was empirically investigated and analyzed to determine which species of pagoda tree or Zelkova tree(Zelkova serrata) was taken through literature surveys, field surveys, and interviews with persons. This 'Guǐjeong' was combined to track how the culture of the 'Guǐmok' planting introduced in China was ultimately accepted and transformed in Korea. In this study, we tried to analyze the meaning implicit in the mystery while checking the distribution of the mystery and the form of the mystery, the name of the pavilion and its relevance to the contrast medium. Essentially, the trees that govern the characterization of the nectar plant, regardless of the region, are considered to be a pagoda tree, which is considered an internal factor in which the pagoda tree culture was not completely transformed into a zelkova tree. It was recognized throughout the Joseon Dynasty that the species representing 'Prime ministers(三公)' was judged from all the Joseon Dynasty periods, based on the builder of Guǐjeong's Aho(雅號) and Dangho(堂號). It was confirmed that the tree was very likely to be planted in place of the painting tree. But now is selectively zelkova tree is in accordance with the preparation of planting site conditions and areas on behalf of the Change is very high probability that is planted. Cultural variables that led to the cultural transformation of the 'Guǐmok' seem to have been deeply involved in the geographical space of China and Korea, Confucian practices of the Choson society, comings and goings and letter bridge, and network strength with China through the book spread. In addition, the culture of 'Guǐmok' is presumed to have led to cultural custom of the upper class, not the whole class, in the Yeongnam region, it can be said that the independent adaptation to act to recognize 'Guǐmok' as a pagoda tree, that is a Sophora japonica, has occurred very strongly. The difference between the cultural areas of Yeongnam and non-Yeongnam is also considered to be an internal factor that has played a major role in the cultural transformation of planting of 'Guǐmok'.

• Archives of design research
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• v.19 no.5 s.67
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• pp.119-128
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• 2006

The scale of visual expression has expanded from freeze frame to motion picture as media have developed. Moving pictures such as animation, movies, TV CM and GUI become formative elements whose movement is necessary compared to freeze frame as apparent movement phenomenon and unit structure such as short and scene appear. Therefore, of formative elements such as a shape, color, space, size and movement, movement is importantly distinguished in the moving image. The expression and form of image as a relationship between the signified and signifier explained by Saussure are accepted as a sign by mutual complement even though they limit the content. This makes it possible to infer that the formal feature of movement participates in the message content. To verify this, the result of moving picture visual perception experiment based on the gestalt grouping principle result shows that 70-80 percent of subjects think that 'movement' is the important grouping clue in perception. Movement affects the maintenance of the context of message content in the communication process when the meaning structure of moving picture is analyzed based on the structural feature. The identity can be maintained with if there is a movement with similar directive point even if the color and shape of people, things and background are changed. Second, the clarity of the content is elevated by a distinguished object as a figure by movement. Third, it acts as a knowledge representation which can predict similar movement process of next information processing. Forth, movement gives the content consistency even though more than two scenes have fast switch and complicated editing structure like cross-cutting. Movement becomes a clue which can make grouping information input by visual perception reaction. Also, it gives the order to the visual expression which can be used improperly by formation of structural frame of image message and has the effectiveness which elevates the clarity of signification. Moving picture has discourse with several mixed unit structures because it fundamentally contains time and the common and distinguished expression is needed by media-mix circumstances. Therefore, by the application of gestalt grouping principle to moving picture field, movement becomes the more distinguished than other formative elements and affects the formation of meaning structure. This study propose a viewpoint that develops structural formative beauty and new image expression in the media image field.

• The korean journal of orthodontics
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• v.28 no.3 s.68
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• pp.353-370
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• 1998

This study was conducted to investigate the changes in the structural parts of the craniofacial skeleton subsequent to chincap therapy in the juvenile skeletal Class III patients. The subject consisted of 29 Korean children(14 males, 15 females) who had skeletal Class III malocclusion and were undergone chincap therapy from the beginning of the treatment (and an auxilliary upper removable appliance, if necessary). The control group was composed of 21 children(10 males, 11 females) with skeletal Class III malocclusion who had no orthodontic treatment. Cephalometric data at the mean age of 7 and 2 years later were analyized by finite element method, and compared between groups by independent group t-test(p<0.05). The results of the present study were as follows; 1. There were no significant changes in the cranial base, posterior face, upper anterior face, ramus, chin and soft tissues by the chincap therapy. 2. The mandibular body showed significant differences in the minimum extention ratio and the overall shape ratio. This means that the vertical direction of growth was retarded by the chincap therapy. 3. The major direction of the growth in the maxillary basal bone was significantly more horizontal in the experimental group, which suggests that the vertical growth of maxilla was inhibited. 4. There was statistical difference in the major direction of the growth of the anterior face between groups. This may be due to the significant difference in the major direction of growth of the lower anterior face, supposed to be resulted from the mandibular rotation and/or displacement by the chincap therapy. The change in the oral functional space seemed to be caused by the same reason. 5. From the standpoint of these results, the retardation of growth, the changes of the growth direction and the morphological changes could be accepted partly, but the major effect of the chincap seems to be the rotation and the displacement of the mandible.

• The Journal of Art Theory & Practice
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• no.7
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• pp.37-64
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• 2009

The theories of Korean Public Art originated by the artists who were against dictatorship and they associated with democratic politicians. They criticized the Fine art that were supported by the dictatorship and gave their efforts for restoration of 'resistance paintings(against dictatorship)', 'proletarian painting', 'realism painting'. In addition, they participated new social ideology(democracy) movement and demonstrated for their rights in arts. These became the main kernel the public art theory was initiated. The public artists splitted into several different parts and participated in the democratic social movement as well as the art movement for freedom. They opened various art exhibitions within different genre, diverse space for various art section such as an exhibition hall, a factories, a university, or a congregation square. Furthermore, the public art theorists published their divergent views through newspaper/broadcasting or unauthorized printed materials. Most of the public artist and the theorists kept their relationship strongly until 1985, the time when 'National Arts Association' started. In 1983 and 1984, they were clearly separated into two parts; artists(move only in art museums) and activists(move in public spaces like school, convention square etc). Their ideological separation also took out national problems. The division; professional artists and armatures, became the social issue as a social stratification matter. And in creating method, there are also other conflicts; critical realism, and public realism as well as western painting and traditional one. These kinds of separation and conflicts made different Public artists associations, under divergent names; 'Reality and Speak'(R&S), 'KwangJu Art Association', 'Durung', 'Dang(Land)', and 'Local Youth Students Association'. In addition, their ideology and pursuit toward art movements were very difference. However, the differences and conflicts weakened When the oppression of democratic education from new dictatorship(Pres. Jun, Doo Hwan) came out. In August. 1985 the government opened to the public so called, 'The draft of School stabilization law'(Hankwon Anjung Bup) to control the teachers' rights and that initiated bigger street demonstration and conflicts between police and educators. In November.1985, assembly meeting of National Arts Association in democracy opened as 'ONE' combined organization. In this presentation, I'd like to summarize the stream of art movement until 1984, and clarify the main art theories that lead the Public Art Movements in 1980s. The main theories in 1980s are crucial because they become the origin of public art theories. This presentation started with O,youn's "Hyunsil Dong In the first declaration" and explained the absent of practice in 1970s. In addition, Won, Dong Suk 's theory was mentioned as all over struggles in theories before 1980s. GA and R&S 's founding declarations in 1970s were the start of public art theorists' activities and this article reported the activities after the declarations. First, realism base on the consciousness of reality. Second, practice art democratization based on the ideology. Third, the subject of public art movement based on understanding people's social stratification structure. Fourth, the matters of national forms and creative ways in arts based on showing reality. Fifth, the strong points in arts that the practitioners accepted. About the public art theories around 1984, I discussed the dividing point of public art theories that were shown in 'generation theory', 'organization theory', and 'popularization theory' by the practitioners. The public realism theory that subjects the contradiction of reality and point out the limits of critical realism not only showing the new creative ways but also giving the feeling of solidarity to the public art activist groups. After that, public art movements expressed 'Dismentlement of Capitalism' and 'Public revolution'. In addition, the direction of public art movements were established strongly. There were various opinions and views during the start and formation of the public art theories. The foundation of theorists activities derived from the practitioners who had the concept based on stratification and nationalism. The strong trend of group division spreaded out by practitioners who opened art work together in factories, universities, squares and rural areas. Now many lively active practitioners are gone to the other field not related with arts, and others join into professional art field not public art one with unknown reason. The theorists have the same situation with the practitioners. It means to me that theory always have to be based on the practice.

• Korean Journal of Heritage: History & Science
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• v.46 no.1
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• pp.318-345
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• 2013

This study was carried out with a focus on the factor on the periodical space organization of Daebodan (大報壇: the altar of great recompense) in Changdeok Palace, which is significant in terms of political history in the late Chosun Dynasty, and consider the factors in the formation of the structural system through historical records and drawings. Daebodan has the ideology of righteousness to the Ming Dynasty which the hierarchy of the Joseon Dynasty. who felt the crisis of the domination order, imposed as a solution after the Manchu war of 1636. In addition, Daebodan was built by complex factors that entailed the self-esteem of the 'Joseon Centralism Ideology (朝鮮中華)' and the desire of the sacrificial rituals for Heaven that were imminent to the kings of Joseon. Superficially, Daebodan has the spatial organization of the Sajik (社稷) Altar and the placement of an annex building, but had the applied placement due to limited topography and access to the backyard. Furthermore, the lateral structure of Daebodan multiply accepted various factors of the nine step's stairs, the hight of five cheok (尺), the circumstance of two floors that were showed in the altar and platform with small fences and an imperial order including the internal form of Hwangjangbang (黃帳房). Moreover, the name of the alter came from 'the Jiaote Sheng Book of Rites(禮記 郊特牲)' representing 'the suburban sacrifice ritual for Heaven (郊天)', and it was built by not only combining the system of the Sajik Altar in the Joseon Dynasty and China but also avoiding 'excessive etiquette (僭禮).' The point is a remarkable feature shown by the structural system of Daebodan. Thus, it is considered that the 'Notion of Confucian-Cultural Succession (中華繼承意識)' and the desire of the sacrificial rituals for Heaven were expressed by the structure and form of altar. This study examined the process of the creation, expansion, decline and disposal of Daebodan in a chronological order, and found that the ruling ideology of the governing elite by the political and cultural background of the era at each transitional point was reflected in the spatial formation of the altar. On the other hand, as a result of performing a field survey to find the location in accordance with Daebodan in drawing materials, there remains items such as worked stones from Daebodan, precast pavers and fragments of proof tile discovered in the surrounding of tora vine (Actinidia arguta) which is a natural monument of Changdeok Palace. As such, verification through future excavation and investigation is required.

• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.403-425
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• 2015

The Chicago Convention and Annexes have become the basis of aviation safety regulations for every contracting state. Generally, the State's aviation safety regulations refer to the Standards and Recommended Practices(SARPs) provided in the Annexes of the Chicago Convention. In order to properly reflect international aviation safety regulations, constant studies of the aviation fields are of paramount importance. This Paper is intended to identify the main differences between korean and foreign regulation and suggest a few amendment proposals on Mixed-fleet Flying(at or more two aircraft type operation) of flight crew. Comparing with these regulations, the korean regulations and implementations have some insufficiency points. I suggest some amendment proposals of korean regulations concerning Mixed-fleet Flying that flight crew operate aircraft of different types. Basically an operator shall not assign a pilot-in-command or a co-pilot to operate at the flight controls of a type of airplane during take-off and landing unless that pilot has operated the flight controls during at least three take-offs and landings within the preceding 90 days on the same type of airplane or in a flight simulator. Also, flight crew members are familiarized with the significant differences in equipment and/or procedures between concurrently operated types. An operator shall ensure that piloting technique and the ability to execute emergency procedures is checked in such a way as to demonstrate the pilot's competence on each type or variant of a type of airplane. Proficiency check shall be performed periodically. When an operator schedules flight crew on different types of airplanes with similar characteristics in terms of operating procedures, systems and handling, the State shall decide the requirements for each type of airplane can be combined. In conclusion, it is necessary for flight crew members to remain concurrently qualified to operate multiple types. The operator shall have a program to include, as a minimum, required differences training between types and qualification to maintain currency on each type. If the Operator utilizes flight crew members to concurrently operate aircraft of different types, the operator shall have qualification processes approved or accepted by the State. If applicable, the qualification curriculum as defined in the operator's Advanced Qualification Program could be applied. Flight crew members are familiarized with the significant differences in equipment and/or procedures between concurrently operated types. The difference among different types of airpcrafts decrease and standards for these airpcrafts can be applied increasingly because function and performance have been improved by aircraft manufacture company in accordance to basic aircraft system in terms of developing new aircrafts for flight standard procedure and safety of flight. Also, it becomes more necessary for flight crews to control multi aircraft types due to various aviation business and activation of leisure business. Nevertheless, in terms of flight crew training and qualification program, there are no regulations in Korea to be applied to new aircraft types differently in accordance with different levels. In addition, it has no choice different programs based on different levels because there are not provisions to restrict or limit and specific standards to operate at or more than two aircraft types for flight safety. Therefore the aviation authority introduce Flight Standardization and/or Operational Evaluation Board in order to analysis differences among aircraft types. In addition to that, the aviation authority should also improve standard flight evaluation and qualification system among different aircraft types for flight crews to apply reasonable training and qualification efficiently. For all the issue mentioned above, I have studied the ICAO SARPs and some state's regulation concerning operating aircraft of different types(Mixed-fleet flying), and suggested some proposals on the different aircraft type operation as an example of comprehensive problem solving. I hope that this paper is 1) to help understanding about the international issue, 2) to help the improvement of korean aviation regulations, 3) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

• 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.