• Title/Summary/Keyword: Appraisal Procedure

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Public Records Disposition Oversight Program : A Case Study of the NARA's Records Management Oversight and Reporting Program (공공기록물의 평가·폐기에 대한 감독제도 연구 미국의 기록관리 감독·보고 프로그램을 중심으로)

  • Seol, Moon-won;Park, In-seon
    • The Korean Journal of Archival Studies
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    • no.62
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    • pp.41-75
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    • 2019
  • Although we expect the Records Freezing system to be introduced through the revision of the Public Records Management Act, the system alone has limitations in preventing illegal disposal of records. If some records have already been destroyed illegally, the agency should identify the reason and prepare corrective action and improvement measures to prevent the repetition of such a wrongful disposal. The purpose of this study is to analyze the NARA's inspection program for unauthorized disposal based on the "Records Management Oversight and Reporting Program" and to find implications for improving the control system of public records disposal. NARA's program is particularly effective in the prevention and post-processing of unauthorized disposal. In this study, firstly, the federal records management oversight and reporting program in the United States was investigated in the legal system. Secondly, the status of NARA's control of unauthorized disposal cases was reviewed and a case of SEC's MUI records was analyzed for showing the systematic procedure of NARA's inspection. Finally, we have summed up the implications of this program for improving NAK's control system of illegal disposal of public records.

A Study on Differentiation and Improvement in Arbitration Systems in Construction Disputes (건설분쟁 중재제도의 차별화 및 개선방안에 관한 연구)

  • Lee, Sun-Jae
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.239-282
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    • 2019
  • The importance of ADR(Alternative Dispute Resolution), which has the advantage of expertise, speed and neutrality due to the increase of arbitration cases due to domestic and foreign construction disputes, has emerged. Therefore, in order for the nation's arbitration system and the arbitration Organization to jump into the ranks of advanced international mediators, it is necessary to research the characteristics and advantages of these arbitration Organization through a study of prior domestic and foreign research and operation of international arbitration Organization. As a problem, First, education for the efficient promotion of arbitrators (compulsory education, maintenance education, specialized education, seminars, etc.). second, The effectiveness of arbitration in resolving construction disputes (hearing methods, composition of the tribunal, and speed). third, The issue of flexibility and diversity of arbitration solutions (the real problem of methodologies such as mediation and arbitration) needs to be drawn on the Arbitration laws and practical problems, such as laws, rules and guidelines. Therefore, Identify the problems presented in the preceding literature and diagnosis of the defects and problems of the KCAB by drawing features and benefits from the arbitration system operated by the international arbitration Institution. As an improvement, the results of an empirical analysis are derived for "arbitrator" simultaneously through a recognition survey. As a method of improvement, First, as an optimal combination of arbitration hearing and judgment in the settlement of construction disputes,(to improve speed). (1) A plan to improve the composition of the audit department according to the complexity, specificity, and magnification of the arbitration cases - (1)Methods to cope with the increased role of the non-lawyer(Specialist, technical expert). (2)Securing technical mediators for each specialized expert according to the large and special corporation arbitration cases. (2) Improving the method of writing by area of the arbitration guidelines, second, Introduction of the intensive hearing system for psychological efficiency and the institutional improvement plan (1) Problems of optimizing the arbitration decision hearing procedure and resolution of arbitration, and (2) Problems of the management of technical arbitrators of arbitration tribunals. (1)A plan to expand hearing work of technical arbitrator(Review on the introduction of the Assistant System as a member of the arbitration tribunals). (2)Improved use of alternative appraisers by tribunals(cost analysis and utilization of the specialized institution for calculating construction costs), Direct management of technical arbitrators : A Study on the Improvement of the Assessment Reliability of the Appraisal and the Appraisal Period. third, Improvement of expert committee system and new method, (1) Creating a non-executive technical committee : Special technology affairs, etc.(Major, supports pre-qualification of special events and coordinating work between parties). (2) Expanding the standing committee.(Added expert technicians : important, special, large affairs / pre-consultations, pre-coordination and mediation-arbitration). This has been shown to be an improvement. In addition, institutional differentiation to enhance the flexibility and diversity of arbitration. In addition, as an institutional differentiation to enhance the flexibility and diversity of arbitration, First, The options for "Med-Arb", "Arb-Med" and "Arb-Med-Arb" are selected. second, By revising the Agreement Act [Article 28, 2 (Agreement on Dispute Resolution)], which is to be amended by the National Parties, the revision of the arbitration settlement clause under the Act, to expand the method to resolve arbitration. third, 2017.6.28. Measures to strengthen the status role and activities of expert technical arbitrators under enforcement, such as the Act on Promotion of Interestments Industry and the Information of Enforcement Decree. Fourth, a measure to increase the role of expert technical Arbitrators by enacting laws on the promotion of the arbitration industry is needed. Especially, the establishment of the Act on Promotion of Intermediation Industry should be established as an international arbitration agency for the arbitration system. Therefore, it proposes a study of improvement and differentiation measures in the details and a policy, legal and institutional improvement and legislation.

Clinical experience in managing temporomandibular joint ankylosis: five-year appraisal in a Nigerian subpopulation

  • Braimah, Ramat;Taiwo, Abdurrazaq;Ibikunle, Adebayo;Oladejo, Taoreed;Adeyemi, Mike;Adejobi, Francis;Abubakar, Siddiq
    • Journal of the Korean Association of Oral and Maxillofacial Surgeons
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    • v.44 no.3
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    • pp.112-119
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    • 2018
  • Objectives: Temporomandibular joint ankylosis (TMJA) is a joint pathology caused by bony and/or fibrous adhesion of the joint apparatus, resulting in partial or total loss of function. Materials and Methods: This is a retrospective study conducted between 2012 and 2016 in the northwest region of Nigeria. The data retrieved includes gender, age, etiology of ankylosis, duration of ankylosis, laterality of ankylosis, type of imaging technique, type of airway management, types of incision, surgical procedure, mouth opening, interpositional materials used, and complications. Results were presented as simple frequencies and descriptive statistics. Results: Thirty-six patients with TMJA were evaluated during the study period. There were 21 males (58.3%) and 15 females (41.7%), yielding a male:female ratio of 1.4:1. The patients' age ranged from 5 to 33 years with $mean{\pm}standard$ deviation ($13.8{\pm}6.6years$). Thirty-five cases (97.2%) were determined to be true/bony ankylosis, while only 1 case (2.8%) was false/fibrous ankylosis. Most of the TMJA cases (16 cases, 44.4%) were secondary to a fall. In our series, the most commonly utilized incision was the Bramley-Al-Kayat (15 cases, 41.7%). The mostly commonly performed procedures were condylectomies and upper ramus ostectomies (12 cases each, 33.3%), while the most commonly used interpositional material was temporalis fascia (14 cases, 38.9%). The complications that developed included 4 cases (11.1%) of severe hemorrhage, 1 case (2.8%) of facial nerve palsy, and 1 case (2.8%) of re-ankylosis. Conclusion: Plain radiographs, with their shortcomings, still have significant roles in investigating TMJA. Aggressive postoperative physiotherapy for a minimum of 6 months is paramount for successful treatment.

A Study of the Relationship between Human Resource Management & Financial Resource Management and Service Quality in Social Service Organizations (사회복지조직의 인적자원 및 재정자원 관리와 서비스 품질 간 관계에 대한 연구)

  • Kang, Chulhee;Hur, Younghye
    • Korean Journal of Social Welfare
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    • v.67 no.4
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    • pp.51-77
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    • 2015
  • This study attempts to examine the relationship between human resource management & financial resource management and service quality in social service organizations in Korea. This study utilizes '2012 Central Government Social Welfare Facilities Evaluation (CGSWFE)' data and employs multiple regression method to examine research model. The key findings of this study are as follows: (1) after controlling extraneous variables (organizational characteristics), among human resource management related variables, performance appraisal, fringe benefits, supervision, formal grievance procedure, the percentage of employees with certified professional license, and salary have statistically significant relationships with service quality in a positive direction; (2) among financial resource management related variables, the percentage of additional governmental funding beyond basic government subsidies, accounting management, and transparent use and management of donations have statistically significant relationships with service quality in a positive direction; and (3) human resource management related variables are stronger than financial resource management related variables in explaining service quality. The findings imply that more systematic human resource management and financial resource management would be very important in strengthening service quality in social service organizations. This study provides new knowledge foundation regarding the effect of human resource management and financial resource management on service quality in social service organizations.

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Enhanced Flame Retardancy of Cotton Fabric by Functionalized Graphene Oxide and Ammonium Polyphosphate (기능성화 산화 그래핀과 폴리인산암모늄을 이용한 직물 난연성 향상)

  • Ka, Dongwon;Jang, Seongon;Jung, Hyunsook;Jin, Youngho
    • Composites Research
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    • v.33 no.4
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    • pp.177-184
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    • 2020
  • Flame retardant(FR) clothes prohibit additional fire diffusion and make the personnel do their tasks without a hitch in a flammable environment. The existing FR clothes, however, are heavy and give high thermal fatigue. Therefore, it is strongly demanded to develop a light, convenient, and eco-friendly clothes. Recently, many works have been reported to make FR fabrics with phosphorus compounds, but their performance could not satisfy the specified criteria in appraisal standards of domestic and American FR clothes or combat uniforms. In this paper, two kinds of phosphorus compounds were applied to cotton fabric. Graphene oxide functionalized with a phosphorus-rich deep eutectic solvent and ammonium polyphosphate were coated on cotton fabric by eco-friendly padding procedure. The coated fabrics were analyzed with thermogravimetric analysis, vertical flame resistance test(ASTM D6413), cone calorimeter test(ISO 5660-1), and method of test for limited flame spread(ISO 15025). It was revealed that the as-made cotton with those two materials simultaneously had better flame resistance than the cottons with each one. Furthermore, an additional coating for hydrophobicity on the FR cotton was tried for better washing fastness.

The aplication of fuzzy classification methods to spatial analysis (공간분석을 위한 퍼지분류의 이론적 배경과 적용에 관한 연구 - 경상남도 邑級以上 도시의 기능분류를 중심으로 -)

  • ;Jung, In-Chul
    • Journal of the Korean Geographical Society
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    • v.30 no.3
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    • pp.296-310
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    • 1995
  • Classification of spatial units into meaningful sets is an important procedure in spatial analysis. It is crucial in characterizing and identifying spatial structures. But traditional classification methods such as cluster analysis require an exact database and impose a clear-cut boundary between classes. Scrutiny of realistic classification problems, however, reveals that available infermation may be vague and that the boundary may be ambiguous. The weakness of conventional methods is that they fail to capture the fuzzy data and the transition between classes. Fuzzy subsets theory is useful for solving these problems. This paper aims to come to the understanding of theoretical foundations of fuzzy spatial analysis, and to find the characteristics of fuzzy classification methods. It attempts to do so through the literature review and the case study of urban classification of the Cities and Eups of Kyung-Nam Province. The main findings are summarized as follows: 1. Following Dubois and Prade, fuzzy information has an imprecise and/or uncertain evaluation. In geography, fuzzy informations about spatial organization, geographical space perception and human behavior are frequent. But the researcher limits his work to numerical data processing and he does not consider spatial fringe. Fuzzy spatial analysis makes it possible to include the interface of groups in classification. 2. Fuzzy numerical taxonomic method is settled by Deloche, Tranquis, Ponsard and Leung. Depending on the data and the method employed, groups derived may be mutually exclusive or they may overlap to a certain degree. Classification pattern can be derived for each degree of similarity/distance $\alpha$. By takina the values of $\alpha$ in ascending or descending order, the hierarchical classification is obtained. 3. Kyung-Nam Cities and Eups were classified by fuzzy discrete classification, fuzzy conjoint classification and cluster analysis according to the ratio of number of persons employed in industries. As a result, they were divided into several groups which had homogeneous characteristies. Fuzzy discrete classification and cluste-analysis give clear-cut boundary, but fuzzy conjoint classification delimit the edges and cores of urban classification. 4. The results of different methods are varied. But each method contributes to the revealing the transparence of spatial structure. Through the result of three kinds of classification, Chung-mu city which has special characteristics and the group of Industrial cities composed by Changwon, Ulsan, Masan, Chinhai, Kimhai, Yangsan, Ungsang, Changsungpo and Shinhyun are evident in common. Even though the appraisal of the fuzzy classification methods, this framework appears to be more realistic and flexible in preserving information pertinent to urban classification.

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Constitutional Issue Review of Compensation for Inevitable Medical Accidents During Delivery (불가항력 의료사고 보상사업에 대한 헌법적 쟁점 검토)

  • JUN, HYUN JUNG
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.153-185
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    • 2020
  • In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

The Effect of Issue-Centered Discussion in Home Economics on Middle School Students' Critical Thinking (쟁점중심 가정과 토론수업이 비판적 사고력에 미치는 효과)

  • 이영옥;채정현
    • Journal of Korean Home Economics Education Association
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    • v.16 no.1
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    • pp.63-77
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    • 2004
  • The purpose of this study was to construct an issue-centered discussion instructional model for Home Economics and to determine its effect on middle school students' critical thinking. The research questions were posed as below. 1) The object and content of home economics in the 7th national middle school curricula are analyzed to sort out possible issues. 2) An issue-centered discussion instructional model is constructed to be applicable to middle school home economics class. and a lesson plan is prepared. 3) The effect of the issue-centered discussion instructional model developed in this study on student critical thinking faculty is examined. The findings of this study were as follows : First. seven criteria were selected to determine what types of issues were applicable to home economics lesson. Based on the selected criteria. 41 themes of issues were extracted from the 7th middle school textbooks. and their content validity was verified. Second, an issue-centered discussion instructional model was designed to deal with four themes in eight sessions in the procedure of problem raising, confirming, term defining. tentative alternative selecting, data gathering. discussing/critical approaching. and selecting/concluding. Third, two different third-year classes of K middle school in the city of Busan that consisted of 75 students were respectively selected as an experimental group and a control group, and the experiment was conducted in eight sessions for five weeks to see whether the teaching plan brought any changes to the critical mind of the students. The experimental group exposed to the issue-centered discussion lesson made a significant progress in critical thinking faculty(P<.05). In particular. that instruction gave a favorable impact on demonstration evaluating(P<.05). one of the critical thinking subfactors. When the students were asked to assess the issue-centered discussion lesson. most of them viewed it favorably. In the future, more research efforts should be dedicated to enhancing the practical applicability of issue-centered discussion instruction in home economics education. developing good evaluation tools about critical thinking faculty and finding out how discussion instruction could be conducted more efficiently.

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The Sillok as National Supreme Archives : An archival interpretation (실록(實錄) : 등록(謄錄)의 위계(位階))

  • O, Hang-Nyeong
    • The Korean Journal of Archival Studies
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    • no.3
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    • pp.91-113
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    • 2001
  • History always be re-interpreted as the time flows. 'The Sillok', Which was registered in Memory of World of UNESCO in 1997, is comprehensive documents of the Chosun Dynasty, which had been compiled after kings' death, The Sillok encompasses 473 years of the reign in their 848 volumes(1,893 chapters). It was a history itself and has been main source in studying Korean history. Due to the rise of studies on the Sillok, time has come to explore the nature of the Sillok and to criticize the text, which would be called 'The Sillok-Study'. In this context, this paper examined three concepts that categorize the nature of the Sillok as historical materials ;Is it book or record?; The Sillok in register system in pre-modern society; And the Sillok as the National Archives. Korean historians, including myself, haven't yet examined the question whether the Sillok is the Book or Record in terms of archival science. At first, I regarded it as history book, and with this presupposition, wrote several papers on the characteristics of the Sillok. However, I recognized that the Sillok are close to record rather that history book as I examined the definition of glossary of librarian study, OED (Oxford English Dictionary) and Encyclopedia of Britannica, etc. Definitely, the Sillok was neither compiled and published to be read and sold publicly, nor meant to the works of literature or scholarship. one may say that the court-historians wrote comments on the facts and therefore it was just scholarly work. However, because the court-historians produced their comments on their own businesses, the outcome of 'their scholarly works' were also records conceptually, as were daily court-journalists in Rome. Its publication also had a absolutely different meaning from that of modern society. It was a method to preserve the important national records and distributed each edition of them to plural repositories for its safety and security. How can we explain its book-like shape and the procedure of compilation after a kings' death. The answer is as follows ; In pre-modern society, it was a common record-keeping system in the world to register records materials in order to arrange the materials of different sizes and to store them conveniently. And the lack of scientific preservation or conservation skill also encouraged them to register original records. Actually, the court-historians who participated in the compiling process called themselves "registering officers". On the other hand, similar to social hierarchy, there was a hierarchical system of records, and the Sillok was placed at the top of this hierarchy. In conclusion, the Sillok was a kind of registered records in the middle ages and the supreme records in the records-world. In addition to this we can also conceptualize the Sillok as archives. Through the compiling process, the most important and valuable records were selected to be the parts of Sillok. This process corresponds to the modem records appraisal. In the next step, it was preserved in the Four Archives(史庫) which located at remote site as archives and only accessible by the descendents in the future, who might be the people of the next dynasty. And nobody could access or read the documents at that time except the authorized court-historians who were archivists of the Chosun Dynasty. From this perspective, I conclude that Sillok was the supreme confidential archives in the register system. I work for the Government Archives as a historian and archivist. Whenever I entered the exhibition hall of the Government Archives and Records Service(GARS) and saw the replica of the Archives of Taebeak Mountain built during Chosun period, I always asked to myself a question whether the Sillok can be a symbol of the archival tradition of Korea and the GARS. Now, I can say, 'Yes!' definitely.

Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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