• Title/Summary/Keyword: Commercial space use

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"Liability of Air Carriers for Injuries Resulting from International Aviation Terrorism" (국제항공(國際航空)테러리즘으로 인한 여객손해(旅客損害)에 대한 운송인(運送人)의 책임(責任))

  • Choi, Wan-Sik
    • 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.

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A Study on the Structure Style of Street Green Spaces on Port Island, Kobe, Japan (일본 고베시(神戶市) 포트아일랜드 가로녹지 구조 유형 연구)

  • Kwak, Jeong-In;Han, Bong-Ho;Noh, Tai-Hwan;Kwak, Nam-Hyun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.43 no.4
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    • pp.62-74
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    • 2015
  • This study was carried out to provide examples of planting methods for the construction of street green spaces with abundant greenery by analyzing road type, surrounding land use and planting structures in street green spaces on Port Island, Kobe, Japan. Port Island_(total area: 826ha) is a marine cultural city located in Japan's first artificial island with facilities of urban function and port facilities. The study site was designated at 11 plots of $55{\sim}285m^2$ on Port Island, and topography structure styles were divided into four types with mounding style, slope style, slope and flat style, flat style according to the adjacent roads width. The area adjacent to the middle roads with high levels of noise and pollution set up the mounding style, slope style, slope and flat style of multi-layer structures using topographic properties. The area adjacent to small roads focused on a green strip with shrubs on a flat style. Surrounding land-uses include a public institution, housing complex, and a commercial building. The planting concept was a buffer and landspace function in case of the middle road_(lane 4) while the small road_(lane 2) was a landspace function. Planting species were diverse with Liquidambe formosana, Cinnamomum camphora, Sapium sebiferum, Cedrela sinensis, Laeocarpus sylvestris var. ellipticus, Ginkgo biloba, Prunus serrulata var. spontanea, Zelkova serrata, Quercus glauca, Juniperus chinensis, Magnolia kobus, Rhododendron spp., Camellia japonica, Abelia mosanensis, etc. Planting density was 0.02~0.08(0.04) individual/$m^2$ at the canopy layer, 0.02~0.08(0.04) individual/$m^2$ at the understory layer. Ratio of green coverage was 40.0~173.7(93.0)% at the canopy layer, 2.1~79.8(34.9)% at the understory layer and 17.9~64.2(32.9)% at the shrub layer. $Gr{\ddot{u}}volumenzahl$ was $1.43{\sim}6.67(4.13)m^3/m^2$ at the canopy layer, $0.02{\sim}2.01(0.85)m^3/m^2$ at the understory layer and $0.14{\sim}0.58(0.26)m^3/m^2$ at the shrub layer. The ratio of green coverage of street green space on Port Island was higher than that of Seoul, and particularly, the ratio of green coverage and $gr{\ddot{u}}volumenzahl$ at the shrub layer differed, compared to the main street green space in Korea. The result of this study may be applicable to other coastal reclaimed cities in terms of setting methods for street greenery considering the topography structure, planting structure and planting function.

A Study on the Determinants of Demand for Visiting Department Stores Using Big Data (POS) (빅데이터(POS)를 활용한 백화점 방문수요 결정요인에 관한 연구)

  • Shin, Seong Youn;Park, Jung A
    • Land and Housing Review
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    • v.13 no.4
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    • pp.55-71
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    • 2022
  • Recently, the domestic department store industry is growing into a complex shopping cultural space, which is advanced and differentiated by changes in consumption patterns. In addition, competition is intensifying across 70 places operated by five large companies. This study investigates the determinants of the visits to department stores using the big data concept's automatic vehicle access system (pos) and proposes how to strengthen the competitiveness of the department store industry. We use a negative binomial regression test to predict the frequency of visits to 67 branches, except for three branches whose annual sales were incomplete due to the new opening in 2021. The results show that the demand for visiting department stores is positively associated with airport, terminal, and train stations, land areas, parking lots, VIP lounge numbers, luxury store ratio, F&B store numbers, non-commercial areas, and hotels. We suggest four strategies to enhance the competitiveness of domestic department stores. First, department store consumers have a high preference for luxury brands. Therefore, department stores need to form their own overseas buyer teams to discover and attract new luxury brands and attract customers who have a high demand for luxury brands. In addition, to attract consumers with high purchasing power and loyalty, it is necessary to provide more differentiated products and services for VIP customers than before. Second, it is desirable to focus on transportation hub areas such as train stations, airports, and terminals in Gyeonggi and Incheon. Third, department stores should attract tenants who can satisfy customers, given that key tenants are an important component of advanced shopping centers for department stores. Finally, the department store, a top-end shopping center, should be developed as a space with differentiated shopping, culture, dining out, and leisure services, such as "The Hyundai", which opened in 2021, to ensure future growth potential.

A Study of Efficient Measures for Installing and Managing Traditional Market Arcades (전통시장 아케이드의 설치 및 관리 효율화 방안 연구)

  • Kim, Young-Ki;Kang, Heon-Soo;Kim, Seung-Hee
    • Journal of Distribution Science
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    • v.10 no.3
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    • pp.15-30
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    • 2012
  • It has been 10 years since the facility modernization projects of traditional markets was rigorously undertaken. Although more than 835 traditional Korean markets nationwide have already completed these projects, there does not exist a specific set of standards of installation, future maintenance, and management. As a result, the complaints made by civil stakeholders in accordance of the actual facility installation caused problems and delays of related projects. In addition, while some local governments secured and implemented their own differing standards, others have not yet established their own separate standards for maintenance and management. Specifically, 694 traditional markets nationwide were supported for the cost of installing arcades by 2010. For the short period of time after the arcade-supported projects were deployed, the number of the traditional markets had been rapidly growing as a prime example of the facility modernization projects. The arcade facilities are being planned and installed merely for screening the rain or the sun. Without fundamental data for the newly landscaped environments or information on the actual conditions of usage and assessment, there is a lack of comprehensive approaches that could possibly organize the public environments. Furthermore, the amount of support needed for repairs, maintenance, and management from the central and local governments is gradually increasing. Thus, it becomes both crucial and necessary to complement the current set of standards. The purpose of this study is to examine the actual conditions of usage, maintenance, and management among those traditional market facilities that were installed with the supports of the facility-modernization projects, especially for arcades. This will be carried out through investigating the local problems, issues, and considering international case studies. The results of this study will provide measures for effective and efficient installation and management of traditional market arcades. Improvements in the use of public resources could be directed towards transforming public business, as well as public enhancement and functional maintenance and reinforcement. Under this condition, the arcade is not a simple area to avoid rain or sunlight; it becomes a public space. It is highlighted that the arcade should establish its public business not only to activate markets but also to refine street environments and revitalize local communities. A more specific way to improve is introduced through systematic supplementation. This is needed to attract effective participation from local residents and is done so by conducting a fair procedure from the first stage of business and by providing guidelines for establishing arcades as public facilities. The study points out to the problem of merchants-centered plans and street use. It presents the need to expand to involve residents and customers. Given that the arcade is a public facility and merchants' ability to maintain it is limited, manuals and systems for its maintenance needs to be introduced through multi-party agreement of merchants, government, residents and customers.

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Comparison of Acting Style Between 2D Hand-drawn Animation and 3D Computer Animation : Focused on Expression of Emotion by Using Close-up (2D 핸드 드로운 애니메이션과 3D 컴퓨터 애니메이션에서의 액팅(acting) 스타일 비교 -클로즈-업을 이용한 감정표현을 중심으로-)

  • Moon, Jaecheol;Kim, Yumi
    • Cartoon and Animation Studies
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    • s.36
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    • pp.147-165
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    • 2014
  • Around the turn of 21st century, there has been a major technological shift in the animation industry. With development of reality-based computer graphics, major American animation studios replaced hand-drawn method with the new 3D computer graphics. Traditional animation was known for its simplified shapes such as circles and triangle that makes characters' movements distinctive from non-animated feature films. Computer-generated animation has largely replaced it, but is under continuous criticism that automated movements and reality-like graphics devaluate the aesthetics of animation. Although hand-drawn animation is still produced, 3D computer graphics have taken commercial lead and there has been many changes to acting of animated characters, which calls for detailed investigation. Firstly, the changes in acting of 3D characters can be traced from looking at human-like rigging method that mimics humanistic moving mechanism. Also, if hair and clothing was part of hand-drawn characters' acting, it has now been hidden inside mathematical simulation of 3D graphics, leaving only the body to be used in acting. Secondly, looking at "Stretch and Squash" method, which represents the distinctive movements of animation, through the lens of media, a paradox arises. Hand-drawn animation are produced frame-by-frame, and a subtle change would make animated frames shiver. This slight shivering acts as an aesthetic distinction of animated feature films, but can also require exaggerated movements to hide the shivering. On the contrary, acting of 3D animation make use of calculated movements that may seem exaggerated compared to human acting, but seem much more moderate and static compared to hand-drawn acting. Moreover, 3D computer graphics add the third dimension that allows more intuitive movements - maybe animators no longer need fine drawing skills; what they now need is directing skills to animate characters in 3D space intuitively. On the assumption that technological advancement and change of artistic expressionism are inseparable, this paper compares acting of 3D animation studio Pixar and classical drawing studio Disney to investigate character acting style and movements.