• Title/Summary/Keyword: Compensation plan

Search Result 155, Processing Time 0.022 seconds

"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
    • /
    • v.1
    • /
    • pp.47-85
    • /
    • 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.

  • PDF

The assessment of Seoul City school sheriff system and developmental expansion plan - Around the righteousness proof of the security industry law application - (서울시 학교보안관 제도의 평가와 발전적 확대방안 - 경비업법 적용의 당위성 논증을 중심으로 -)

  • Lee, Sang-Hun
    • Korean Security Journal
    • /
    • no.29
    • /
    • pp.163-191
    • /
    • 2011
  • Recently, the problems in school violence did not stop on the crime between the members at the school and which developed into the invasion crime of the school caused by outsiders. The school is no more the safety zone from the crime. Particularly, in the case of the elementary school, because there are nearly no people who oppose to the outside attacker and can control this, it is the place where it is vulnerable to the invasion crime. The Metropolis of Seoul implements the School Sheriff system within the jurisdiction bureau, in the public elementary school. However, actually the School Sheriff business is being managed, never applying a rule in the Security Industry Law with the main content, that is the Security Industry Law application is excluded. Because the jurisdiction on the contract of Seoul City and operating company are run, the various issues is caused. First, since it is not being considered as a security business, the commercial liability insurance for security company has no chance to applicate when the operation company and the School Sheriff have related damage generation. So the security for the indemnification of loss of the victim is weak. Second, The task of the School Sheriff is ruled just by in the individual contracts. But it is insufficient with this thing. The related duties are required some supplement like a general rule application including the obligation of the guard in the security industry law. Third, the education of the School Sheriff needs to connect with the educational programme in the security industry law. The related professional education specially needed for the prevention of school violence ought to be reserved compensation. Forth, the citizens still demand the strengthening of police patrol for the surroundings of a school in spite of the result of Seoul City's public survey. Therefore, the active relation of cooperation with the police needs to be supported legally and institutionally with the Security Industry Law application. Fifthly, the success of the School Sheriff business can be more guaranteed with the supervision of the legal and institutional device like a the Security Industry Law application or police and all sorts of administrative execution's and etc.

  • PDF

Associations between maternal comprehensive feeding practices and dietary practices in preschool children (어머니의 종합적 식사지도와 유아의 식생활 실천과의 관계)

  • Cho, Myeongil;Kye, Seunghee
    • Journal of Nutrition and Health
    • /
    • v.55 no.1
    • /
    • pp.141-154
    • /
    • 2022
  • Purpose: This study determined the relationships between maternal comprehensive feeding practices (CFP) and dietary practices of preschool children. Methods: Participants of the study were 227 mothers of children aged 3 to 5 years attending daycare centers and kindergartens in Seoul and Gyeonggi Province of Korea. The Comprehensive Feeding Practices Questionnaire was used to assess the maternal feeding practices. The Nutrition Quotient for Preschoolers (NQ-P) was measured to evaluate dietary practice and diet quality of children. Results: The balance of NQ-P for children was positively correlated with the modeling, restrictions for weight control, encouragement of balance and variety, pressure, and involvement among maternal CFP. Moderation of NQ-P was positively correlated with monitoring, modeling, teaching about nutrition, encouragement of balance and variety, environment, and involvement among maternal CFP. However, it was negatively correlated with emotion regulation, food as a reward, and child control in maternal CFP. Among maternal CFP, the environment of NQ-P was positively correlated with monitoring, modeling, teaching about nutrition, encouragement of balance and variety, environment, and involvement, and it was negatively correlated with emotion regulation. As a multiple regression analysis, maternal CFP that positively predicted balance of NQ-P indices were restricted for weight control, pressure, and involvement. Among maternal CFP, encouragement of balance and variety, and environment were positive predictors, while food as a reward, and child control were negative predictors for the moderation of NQ-P. Items of maternal CFP positively predicting environmental factors of NQ-P were monitoring and environment. Conclusion: Mothers are recommended to practice dietary guidance to their children, such as monitoring, modeling, teaching about nutritional information, recommendation of balance and diversity, healthy eating environment, and participation in meal plan and preparation, while they are advised not to conduct any adverse dietary guidance such as emotional control, compensation with food, child control, and food coercion.

A Study on the Economical Nutrition Supplement of Cereal Food for Improvement in our National Eating Habits (국민식생활(國民食生活) 향상(向上)을 위(爲)한 곡류제품(穀類製品)의 경제적( 經濟的) 영향강화(營養强化)에 관(關)한 연구(硏究))

  • Ju, Jin-Soon;Yu, Jong-Yull;Kim, Sook-He;Lee, Ki-Yull;Han, In-Kyu
    • Journal of Nutrition and Health
    • /
    • v.6 no.1
    • /
    • pp.1-9
    • /
    • 1973
  • I. Subject of the Study: Studies on the economical nutrition supplement of cereal foods for the improvement in our notional eating habits. II. Purpose and Importance of the Study: 1. Our nation is confronted with the situation that the rice, a principal food, short of some essential amino acids, lysine and threonine, leads to imbalanced meals insufficient in the nutrient of protein, to bring many difficulties in the elevation of our national physique. 2. The shortage of even the rice imperfect in the nutrient of protein makes the import of lots of foreign rice inevitable. It is considered that the protein supplement and decrease in the consumption amount, of rice, is a serious key to the solution of our food difficulty, and then a way of the proetin supplement of rice through the addition of essential amino acid is to be rarely applied in the view of the our present finance and situation. 3. In the present experiment, therefore, it aims to the suggestion of an aspect of the improvement in our national eating habits guiding in the nutrition elevation which our nation can afford economically through the development of first, a way of the protein supplement by the mixture of cereals producted plentifully in our country, and second, a way of the decrease in the consumption amount and the improvement in the nutrition of rice through the substitution of the other cereals for rice. III. Contents of Scope of the Study: 1. Objects of the study: Objects of the study are the following three items; a) The nutrition supplement of rice through the mixture of cereals. Our nation makes mainly rice as a principal food, but practically many kinds of cereal are produced in our country. They contain different levels and qualities of each nutrient and they are different from one another in the kinds of essential amino acid consisting protein. For that reason, the mutual complement efficeincy of insufficient nutrients is observed through the mixture of cereals. b) The nutrition supplement of rice through the addition of superior protein sources to rice, a principal food. The development of rice as superior foods in the sense of nutrition is conducted through the risement in protein quality by the addition of protein sources in good quality, for example, fish flour (anchovy flour), egg powder, milk powder, and so on, and through the supplement of vitamins and minerals. c) The decrease in the consumption amount of rice through the substitution of the other cereals for rice, as a principal food. The compensation for the short amount of rice is made by the reduction in the consumption of rice through the discovery of a way of substitution of the other cereals for rice, as a principal food and of the settlement of problems in nutrition and finance subsequent to this. 2. Contents of the study: a) An ideal mixture-ratio of cereals is established for rats by feeding mixed foods(rice-barely or rice-wheat) containing 5%, 15%, 25%, 35% and 45% level of either barely or wheat. b) The nutritive value is determined in the whole subsititution of other foods for rice, and then, a way of the complement of over and under nutrients is devised. c) The ideal combination is investigated for rats through feeding mixed foods of main food, rice and supplement foods of protein sources, soy bean, fish flour, egg powder and milk Powder. d) According to results from the above three experiments, the concise functional test for men and the examination of economical property are made. 3. Scope of the study: a) The observation of the effect of each diet on the growth rate for rats. The growth rate of rats was observed for 15 groups of mixed foods of a main food, rice, and wheat flour, barley powder or soy bean powder, respectively, and 12 groups of wheat flour diets supplemented with $1{\sim}3%$ milk powder, and rice or wheat flour diets supplemented with 5% of milk powder, egg powder, fish flour or soy bean powder, respectively. b) The determination of food consumption. The food consumption was determined at weekly intervals for 27 kinds of diet described in a) item. c) The determination of food efficiency rate. The food efficiency rate for each diet was determined by calculation from the gained body weight and the food consumption amount at the same intervals described in b) item. d) The determination of protein efficiency rate. The protein efficiency rate for each diet was determined by calculation form gained body weight and the protein amount of the food consumption amount at the same intervals described c) item. e) The determination of the body component. The hematocrite and hemoglobin levels in the blood, total nitrogen in the serum, blood sugar, and lipids and glycogen in the liver were determined. f) The observation of nitrogen balance. As a means of the observation of nitrogen balance, the total nitrogen in the urine was determined. g) The analysis of economical property. The economical property was analyzed as the gained body weight to the amount equivalent to one won through the conversion of the food consumption amount into money. h) The functional test for men. The concise functional test for men was made in order to establish if the best diet for experimental animals can be applied to men. IV. Results of the Study: The national food product plan, nationwide nutritive enlightment and the improvement activities in our country eating habits, especially, mixed and powder food problems are to be significantly referred, and the following results must be applied. a) In the mixed foods of cereals, the mixed food of the rice-barley containing $5{\sim}15%$ level of barley is best in terms of nutrition. b) The addition of superior protein sources, egg, Bilk, soy bean, or fish, respectively to either rice or wheat flour makes a great risement in the nutritive value. c) The animal protein is more effective in the elevation of nutritive value of cereals. d) Rice takes the most nutritive operation and has the highest preference, among rice, wheat flour and barley. e) Wheat flour is more economical than rice in evaluation of the gained body weight to the regular money, and the addition of fish or soy bean is more economical than that of any other supplement food. But the above results are true of the range of nutrition and economical property. f) The study on the nutrition composition and barley will lead to the improvement in our national eating habits as mixed food of the rice-barley containing $5{\sim}15%$ level of barley is more nutritive. g) This study on the nutrition only for the growing animal can not be considered as a perfect and entire evaluation. Consequently, the perfect data for our national nutrition can be obtained from the experiment similar to this for the much longer period examining, in details, the growth rate, change of physical strength, mental and bodily change, average life span, and resistance ability to infectious diseases.

  • PDF

A Study of the Effect of Model Characteristics on Purchasing intentions and Brand Attitudes (광고모델 특성이 구매의도와 브랜드태도에 미치는 영향)

  • Kim, Sung-Duck;Youn, Myoung-Kil;Kim, Ki-Soo
    • Journal of Distribution Science
    • /
    • v.10 no.4
    • /
    • pp.47-53
    • /
    • 2012
  • Businesses make use of advertising strategy using models to give consumers efficient product information. Modern advertisements often make use of models for greater reminiscence to create messages and remind viewers of the product. The purpose of this study was to examine the characteristics of each type of model. The subjects were 230 college students in their twenties or older, and the material was collected from October 20, 2011 to November 5, 2011 to examine the effects of model characteristics on buying intention as well as attitude toward a brand. A questionnaire survey was used; investigators gave one copy to each interviewee. The study investigated the characteristics of each model using a questionnaire of each 40 copies with five kinds of photographs. The characteristics of models had great influence on buying intention and attitude toward the brand: First, factor 2 (being honest and virtuous and having good credit and a good press assessment) and factor 3 (being interesting and a good communicator and creating good memories) had great influence on buying intention. Factor 2 was explained by reliability, and factor 3 by the efficiency of the model in creating a feeling. Second, factors 1 (being attractive, smart, unique, friendly, loved by others, and popular), 2, and 3 influenced attitude toward brand. Factor 1 encapsulated the outgoing characteristics of a model, factor 2 was based on reliability, and factor 3 was based on the efficiency of the model in creating a feeling. The model's positive effects on buying intention and attitudes toward brand shall be examined. For their positive influence on buying intention, reliability and efficiency shall be given attention. For their positive influence on attitude toward brand, creating a good impression, having outgoing characteristics, being reliable, and efficiency shall be given attention. The findings were as follows: Model characteristics influencing buying intention were similar to those influencing attitude toward brand. The differences were as follows. First, reliability and efficiency influenced buying intention. When customers were asked to consider the influence on buying intention of an advertisement, regardless of the strength of the buying intention, they considered these two characteristics. Customers decided to buy based not only on the credibility of the product as presented in the advertisement but also the transmission of the contents of the advertisement. Second, outgoing characteristics, reliability, and efficiency influenced attitude toward a brand. The attitude toward a brand was said to be the attitude toward the business. The attitude is produced even after buying, so businesses view it as very important. The attitude might vary depending upon the model used rather than the brand. Therefore, a model with outgoing characteristics was thought to be important. Therefore, attitude toward a brand whose model influenced buying intention as well as attitude toward brand had outgoing characteristics. The result is that an image the model was related to attitude toward the brand. As such, customers would buy the goods advertised. However, an outgoing image of a model was also important to create a positive attitude toward a business brand. For instance, talent Park Gyeong-Rim's photo was used to promote cosmetics about 10 years ago. When she worked as a model of cosmetics products, she had to make compensation for losses and damages because she made a mistake on a talk show program. At that time, customers who had bought the cosmetics product asked for refunds of several billion won. As such, models who are said to be the face of the businesses they represent can play an important role. To advertise in the most attractive and effective way, the current image of a model should be investigated by examining current activities and news articles after selecting the model, and the model's efficiency and attitude toward the brand should be examined. Factors that stimulate customers' buying decisions can be used to plan advertisement that have positive influence on a brand. This study had the limitation of investigating mainly college students and there were insufficient copies of the questionnaire. The investigation was not done widely but in detail so that a concrete investigation could not be done. Further studies shall supplement these shortcomings and discuss new directions.

  • PDF