• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.9-58
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• 2005

The Warsaw Convention-officially denominated the "Convention for the Unification of Certain Rules Relating to International Transportation by Air"- is a major multilateral agreement governing the rights and responsibilities of passengers, consignor/consignee and air carriers in international transportation. Article 29(1) of the Warsaw Convention provides that the right to damages shall be extinguished if an action is not brought within 2 years, reckoned from the date of arrival at the destination, from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped. There has been disagreement as to the nature of this provision. It has been viewed on one hand as a statute of limitations, which may be tolled in appropriate circumstances. Some US Courts which have taken this approach read Article 29(2)-which states that the method of calculating the period of limitation shall be determined by the law of the court to which the case is submitted-as leaving to local law the determination of when the 2-year limitation period provided for in Article 29(1) runs. Therefore, they conclude, under Article 29(2), whenever state law would toll a state statute of limitations, the statute of limitations contained in Article 29(1) would be tolled as well. On the other hand, some other US courts have viewed the 2-year provision contained in Article 29(1) as a condition precedent to the right to bring suit, which will absolutely bar any action not brought within 2 years of the events giving rise to the action. These courts view Article 29(2) as providing only that the forum court should look to the law of the forum on the question whether the plaintiff has taken the necessary measures within the 2-year period to invoke that particular court's jurisdiction over the action. These courts have placed great weight on the "legislative" history of the Convention in reaching this position, noting in particular that the delegates to the Convention expressly considered and rejected a provision, which would have incorporated local tolling provisions.

• Korean Journal of Social Welfare
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• v.36
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• pp.39-69
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• 1998

The study is to grope for the unified device of the women's welfare policy in the United Korea by considering and comparing with the women's welfare in South Korea and North Korea centering on the women's welfare law and system among the social security laws and systems in the present both countries. The both Koreas have enforced the different women's welfare policies according to the different ideologies and constitutions. But in the welfare policy women are in the secondary stage by means of the ideology of sexual devision. It, therefore, is clear that the position of the North Korean woman goes in advance of the South Korean woman in the law and system. However, they are similar to the North Korean women in the aspects of the application of law and system. That is, both of them are discriminated not only in home and labor participation, but also in social welfare. There are the patriarchal family system and sexual devision of labor under the discrimination against woman. As though the both sexes are equal in law, the welfare law and system are applicated unequally to woman because of the ideology of sexual devision and familism which family should take the primary responsibility of welfare. From this perspective the women's welfare policy of the United Korea is not just to unify both laws and systems related women's welfare, but to search for the convergence on the higher level of quality and to make the real gender-equal society. The study suggests as the women's welfare the spread of the application of social welfare system, and social security network constructed through the mother protection policy, women's poverty and social security on basis of the primary principles such as the gender equal right as civil right, benefits of social welfare as social right, escape from the patriarchal familism, strengthening of resposibility of state and the principle of women participation in process of social welfare management. The device of women's welfare means building the social welfare system based on the real gender equality, so the unification will be the important turning point for the gender-equal society to the South-North Korean women.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.33 no.3
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• pp.1-15
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• 2015

Based on the analysis and interpretation of the headwords and poetic words of a group of eleven collecting sceneries of Jeonju, the origin and transformations of the Jeonju-Palkyung(Eight sceneries of Jeonju) investigated by a time-series analysis are as follows. As there is no collection of landscape with a formal structure similar to that of the current Jeonju-Palkyung, prior to the Palkyung by Chujae(秋齋) Cho Soo-Sam(趙秀三, 1762~1849), there is no significant problem in assuming the eight poems in Chujaejib(秋齋集) are the origins of the Jeonju-Palkyung, and it is estimated to have been produced in 1829. In the late-19th century poem 'Wansanseunggyeong(完山勝景)', 'the Palkyung in Yeollyeo Chunhyang Sujeolga', and 'the Palkyung delivered by poet Shin Seokjeong in the Japanese colonial era', only the 'Dongpogwibeom(東浦歸帆)' changed from Dongjipo to Dongchon of Bongdong as for 'Landscape Setting There($L_{ST}$)' according to changes in district administration; despite this change, the fact that they are not too different from the Palkyung of Cho Soo-Sam, also supports this. Moreover, according to the headword concordance analysis, it is proven that the Jeonju-Palkyung was established in the late-19th century and continued to be the region's representative sceneries even during the Japanese colonial era, and later 'Namcheonpyomo(南川漂母)' and 'Gonjimangwol(坤止望月)' were added to expand to the Jeonju-Sipkyung(ten sceneries of Jeonju). But when we see there are famous spots that are the origins of the Jeonju-Sipkyung, including Gyeonggijeon, Geonjisan, Jogyeongdan, Omokdae, and Girinbong, Deokjinyeon, and Mangyeongdae, all of which have great representational significance as the capital of Jeolla Provincial Office as well as of the place of origin for Joseon Dynasty in the grouping of sceneries during the early Joseon Dynasty, including "Paehyangsipyeong (沛鄕十詠)", "Gyeondosipyeong (甄都十詠)", and "Binilheonsipyeong(賓日軒十詠)", the beginnings of the semantic Jeonju-Palkyung should be considered up to the first half of Joseon Dynasty. During this period, not only the fine sceneries with high retrospective merit as the capital of Hubaekje, like Gyeonhwondo(甄萱都), but also the sceneries like Mangyeongdae that reminds people of Jeong Mongju(鄭夢周) and Yi Seonggye(李成桂) in the late period of Goryeo appeared, elevating the status of Jeonju as the capital of Hubaekje and shortening the historical gaps as the place of origin of the Joseon Dynasty. The Jeonju-Palkyung is an organic item that carries the history of the Joseon Dynasty after Hubaekje and has gone through many cycles of disappearing and reappearing, but it has continued to change and transform as the region's representative sceneries. The Jeonju-Palkyung is a cultural genealogy that helps one understand the 'Jeonju Hanpunggyeong(韓風景: the sceneries of Korea in Jeonju)', and the efforts to preserve and pass it down to the next generation would be the responsibility of the people of Jeonju.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• The Critical Review of Religion and Culture
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• no.29
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• pp.134-167
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• 2016

This paper aims at exploring the characteristics and meanings of religious freedom controversy surrounding religious education, with special reference to proselytism, in protestant mission school in recent Korea. Most of protestant mission schools have been providing students compulsory religion class and chapel service in the name of religious education. According to the school authorities, religious education should be provided for the realization of founding philosophy, and they say that mission school has the right to religious education. On the contrary, many non-christian students argue that their religious liberty is seriously violated by required religious education especially compulsory chapel worship. So serious conflicts broke between mission school authorities and students. Supreme Court decided that Soongsil University has the right to maintain compulsory chapel service, ruling that Daegwang High School should not maintain required chapel worship. It seems that Supreme Court gave different decisions to high school and university respectively, considering the differences between high school and university in application for admission to a school, students' critical consciousness, school's autonomous rights, etc. However, these precedents are being challenged by many peoples and groups. There are three agents which are involved in religious freedom controversy in mission school. The first are mission school authorities supported by religious groups, the second government supported by political parties, and the third mission school students guided by NGO. Among them protestant groups are playing the major role in making religious freedom problems in mission school. Protestant groups try to convert mission school students to protestantism by compulsory chapel service and religion class. Such a protestant proselytism becomes a cause of oppressing students' human rights and religious liberty. In this situation government has a responsibility to protect the students' rights to religious freedom. But government seldom impose sanctions on the protestant mission schools' compulsory programs. The reason why government does not restrict mission school's unlawful religious education is because protestant groups have strong influence in voting. Eventually civil movements organizations involved in religious freedom controversy for the sake of students's human rights. In conclusion, the assailment is protestant proselytism, the accessory is government, the victim is students in the religious education in mission school in recent Korea.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.29 no.2
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• pp.139-148
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• 2011

This study has a purpose of base study for ascertaining landscape architect's role of Reung Chambong through analyzing old literature include Kyungkukdae-Jeon, Sokdae-Jeon, Daejeonhoitong, Joseonwangjo-Sillok, Eugye, Reung-Ji, Ilsung-Rok, Reung Chambong's diary. Reung Chambong was a government post in the Joseon dynasty, who managed Royal Tombs of Joseon Dynasty that has promoted as a World Heritage of UNESCO. the conclusions drawn from this study are as follows. First, Reung Chambong was comprised of two Jong 9 pum Chanmbong members. a position of Reung Chambong was a Eumjik appointed Saengwon, Jinsa, Yuhak completed Sammang. the standards of appointment is a experienced person and too young. it became means for accessing a government post because it had a symbolic representation of Royal Tombs guardian. Second, The management system of Reung Chambong was approved on the basis of ranking. however, due to geographical reasons, they had much authority and various mission than is possible. for example, construction supervisor of the Reung and Bongsim, manager of the Reungsuhogun and filling out Reungji. they performed an important role in management of Royal Tombs in the Joseon dynasty. Third, One of tasks related in landscape architecture, a Bongshim reported Sukmul(stonework), Sacho, Jungja-Gak of Reungsang to Yejo periodically. formational system and method of Bongshim are provided in the Kyungkukdae-Jeon and Sokdae-Jeon detailedly. Fourth, Tree management and construction supervisor of Reungsang, positions among tasks related in landscape architecture, required basic understanding and management ability of botany, various eye for spatial perception includes civil and architectural projects. also, as a site management of Royal Tombs in the Joseon dynasty, Reung Chambong was empowered tacit authorization and responsibility in mobility preoccupancy of vertical relationship with local officials and handling by-product of site. there is a close correspondence with landscape architect of today. A follow-up research is required to ascertain landscape architect historical values of Royal Tombs in the Joseon dynasty and Reung Chambong's role as a site management of Royal Tombs in the Joseon dynasty through historical seeking and research old literature on Reung Chambong's role related in landscape architect.

• The Journal of Korean Philosophical History
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• no.56
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• pp.47-80
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• 2018

The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.67-101
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• 2023

The utilization of generative AI in the medical field is also being rapidly researched. Access to vast data sets reduces the time and energy spent in selecting information. However, as the effort put into content creation decreases, there is a greater likelihood of associated issues arising. For example, with generative AI, users must discern the accuracy of results themselves, as these AIs learn from data within a set period and generate outcomes. While the answers may appear plausible, their sources are often unclear, making it challenging to determine their veracity. Additionally, the possibility of presenting results from a biased or distorted perspective cannot be discounted at present on ethical grounds. Despite these concerns, the field of generative AI is continually advancing, with an increasing number of users leveraging it in various sectors, including biomedical and life sciences. This raises important legal considerations regarding who bears responsibility and to what extent for any damages caused by these high-performance AI algorithms. A general overview of issues with generative AI includes those discussed above, but another perspective arises from its fundamental nature as a large-scale language model ('LLM') AI. There is a civil law concern regarding "the memorization of training data within artificial neural networks and its subsequent reproduction". Medical data, by nature, often reflects personal characteristics of patients, potentially leading to issues such as the regeneration of personal information. The extensive application of generative AI in scenarios beyond traditional AI brings forth the possibility of legal challenges that cannot be ignored. Upon examining the technical characteristics of generative AI and focusing on legal issues, especially concerning the protection of personal information, it's evident that current laws regarding personal information protection, particularly in the context of health and medical data utilization, are inadequate. These laws provide processes for anonymizing and de-identification, specific personal information but fall short when generative AI is applied as software in medical devices. To address the functionalities of generative AI in clinical software, a reevaluation and adjustment of existing laws for the protection of personal information are imperative.

• Journal of the Daesoon Academy of Sciences
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• v.36
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• pp.227-266
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• 2020

The purpose of this paper is to review the representative Buddhist policies enforced during the reign of Gwanghaegun (光海君), the 15th king of the Joseon Dynasty, and the aspects of the Buddhist community affected by them. Through this, the influence and dynamism of Buddhism during the reign of Gwanghaegun will be revealed. Some of the findings will run contrary to what is popularly known about Joseon Buddhism and the policy of Sungyueokbul (崇儒抑佛), 'Revering Confucianism and Supressing Buddhism.' During the Joseon Dynasty, Neo-Confucianism was taken as an ideological background, and consequently, Buddhism was ostracized by the ruling class who advocated the exclusion of heretical views. This also characterized King Gwanghaegun's reign during the Mid-Joseon Dynasty. In reality though, the ruling class held mixed opinions about Buddhism, and this influenced the Buddhist community in the Gwanghaegun Period. The military might of Japan demonstrated during the Japanese Invasion of Korea in 1592, led the ruling class to recognize Buddhism, and as a result, the status of Buddhism rose to a certain extent. Based on its elevated status and the aftermath of the Japanese Invasion of Korea, the Buddhist community engaged in social welfare activities inspired by the notion of requiting favors, and the Buddhist community gained recognition for providing relief services. As a result, the number of monks increased, and the economic situation improved as land ownership was granted to temples and monks. This is the means by which the Japanese Invasion of Korea influenced the Buddhist policies of the Gwanghaegun Period and changed the religious topography of Buddhism. During the reign of King Gwanghaegun, the ruling class regarded Buddhism as heretical, but offered posthumous titles to monks who engaged in meritorious services during the Japanese invasions of 1592~1598. Favorable and/or preferential treatment was also granted to some Buddhist monks. In addition, monks began to perform labor projects that demanded organizational and physical strength, such as those which related to national defense and architecture. However, throughout the Gwanghaegun Period, the monks were paid a certain amount of compensation for their labor, and the monks' responsibility for labor increased. This can be understood as a partial reconciliation with Buddhism or an acceptance of Buddhism rather than the suppression of Buddhism often presented by historians. As for policies which affected Buddhism, the Buddhist community showed signs of cooperation with the ruling class, the creation and reconstruction of temples, and the production of Buddhist art. Through close ties with the ruling class, Buddhism during the Gwanghaegun Period saw the Buddhist community actively responded policies that impacted Buddhism, and this allowed their religious orders to be maintained. In this way, it was also confirmed that the monk, Buhyu Seonsu (浮休 善修) and his disciple Byeogam Gakseong (碧巖 覺性), took up leadership roles in their Buddhist community. The Buddhist-aimed policies of Gwanghaegun were implemented against the backdrop of the Buddhist community, wherein the ruling class held mixed opinions regarding Buddhism. As such, both improvements and set backs for Buddhism could be observed during that time period. The ruling class actively utilized the organizational power of Buddhism for national defense and civil engineering after the Japanese invasions of 1592~1598. Out of gratitude, they implemented appropriate compensation for the Buddhists involved. The Buddhist community also responded to policies that affected them through exchanges with the ruling class. They succeeded in securing funds and support to repair and produce Buddhist temples and artworks. A thoughtful inspection of the policies towards and responses to Buddhism during the Gwanghaegun Period, shows that Buddhism actually enjoyed considerable organizational power and influence. This flies in the face of the general description of Joseon Buddhism as "Sungyueokbul (revering Confucianism and supressing Buddhism)."