• Title/Summary/Keyword: Concept Term

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On the Novel Concept of "Accident" in the 1999 Montreal Convention -GN v. ZU, CJEU, 2019. 12. 19., C-532/18- (1999년 몬트리올 협약상 "사고"의 새로운 개념에 대한 고찰 - GN v. ZU, CJEU, 2019.12.19., C-532/18 -)

  • An, Ju-Yun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.3-40
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    • 2020
  • The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

A Concept Analysis of Ego-resiliency (자아탄력성에 대한 개념분석)

  • Jeong, Yeo Won;Kim, Jung A
    • Korean Journal of Adult Nursing
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    • v.27 no.6
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    • pp.644-655
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    • 2015
  • Purpose: This study was aimed to clarify the concept of ego-resiliency in the context of nursing and to propose a definition of ego-resiliency. Methods: Rodgers' evolutionary approach to concept analysis was used to identify common attributes, antecedents, and consequences of the term ego-resiliency. A literature search of the RISS, NDSL, NAL, CINAHL, PubMed, MEDLINE, PsycINFO, and Scopus databases from 1980 to 2014 was conducted, using the key words of ego-resiliency, ego-resilience, and ego-resilient. Thirty-four relevant articles and one book were finally selected and throughly reviewed. Results: The results of the concept analysis concluded that ego-resiliency was a individualized, integrated, and coping resource and capacity leading personal adaptive capacity including physical, psychological, social well being in various adversity and challenge of life. Conclusion: The findings of this study warranted nursing research on a development of nursing intervention related with ego-resiliency as a pivotal personal characteristic. By doing so, better understanding of human and health within the context of nursing could be achieved.

The Effect of Ego-Related Variables and School Adjustment on Children's Life Satisfaction* (자아 관련 변인들과 학교적응이 아동의 생활만족도에 미치는 영향)

  • Kim, Se Young
    • Korean Journal of Child Studies
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    • v.35 no.1
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    • pp.43-60
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    • 2014
  • This study examined the influence of children's self-concept, self-efficacy, self-resiliency and school adjustment on life satisfaction. Data were collected from 582 fifth and sixth graders in Seoul and Gyeonggi-do. The results of this study are as follows. First, self-concept, self-efficacy, and school adjustment were all confirmed as variables that had direct or indirect influence on life satisfaction. Of these, it was found that school adjustment and self-resiliency turned out to have a more direct influence on children's life satisfaction. Second, as for the greatness of direct influence on school adjustment, which mediates the ego-related variables and life satisfaction, self-efficacy, self-resilience, and self-concept proved to be greater in that order. Third, self-concept turned out to be the variable that had the greatest influence on school adjustment and life satisfaction when taking into consideration of both the direct and indirect influence. It was confirmed that it could be more effective to compose an intervention method for the promotion of life satisfaction case by case for short term goals.

The Concept of Social Exclusion and Underclass and Their Implications for the Poverty Policy in Korea (사회적 배제와 하층계급의 개념 고찰과 이들 개념들의 한국빈곤정책에의 함의)

  • Park, Byung-Hyun;Choi, Sun-Mi
    • Korean Journal of Social Welfare
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    • v.45
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    • pp.185-219
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    • 2001
  • The purpose of this study is to explore the concept of social exclusion and underclass and to find out their implication for the poverty policy in Korea. Social exclusion as a concept, on the other hand, offers a broader perspective in addressing multi-dimensional disadvantage, especially in relation to social policy. The term underclass offers a convenient metaphor for use in commentaries on inner city crises because it evokes three widely shared perceptions: novelty, complexity, and danger. Conditions within inner cities are unprecedented; they cannot be reduced to a single factor; and they menace the rest of us. Open debate on the underclass accelerated in 1977 when Time magazine announced the emergence of a menacing underclass in America's inner cities. Drugs, crime, teenage pregnancy, and high unemployment, not poverty, defined the 'underclass,' most of whose members were young and minorities. With the publication in 1982 of Ken Auletta's Underclass, the word secured it dominance in the vocabulary of inner-city pathology. As implications for Korean poverty policy of the concept of social exclusion and underclass, the establishment of multi-dimensional concept of poverty, development of multi-dimensional approach of social work, improvement of National Basic Life Guarantee System, research on employment policy in social welfare field, and research on housing policy for the poor were suggested.

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The Effect of Process Models on Short-term Prediction of Moving Objects for Autonomous Driving

  • Madhavan Raj;Schlenoff Craig
    • International Journal of Control, Automation, and Systems
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    • v.3 no.4
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    • pp.509-523
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    • 2005
  • We are developing a novel framework, PRIDE (PRediction In Dynamic Environments), to perform moving object prediction (MOP) for autonomous ground vehicles. The underlying concept is based upon a multi-resolutional, hierarchical approach which incorporates multiple prediction algorithms into a single, unifying framework. The lower levels of the framework utilize estimation-theoretic short-term predictions while the upper levels utilize a probabilistic prediction approach based on situation recognition with an underlying cost model. The estimation-theoretic short-term prediction is via an extended Kalman filter-based algorithm using sensor data to predict the future location of moving objects with an associated confidence measure. The proposed estimation-theoretic approach does not incorporate a priori knowledge such as road networks and traffic signage and assumes uninfluenced constant trajectory and is thus suited for short-term prediction in both on-road and off-road driving. In this article, we analyze the complementary role played by vehicle kinematic models in such short-term prediction of moving objects. In particular, the importance of vehicle process models and their effect on predicting the positions and orientations of moving objects for autonomous ground vehicle navigation are examined. We present results using field data obtained from different autonomous ground vehicles operating in outdoor environments.

Development of a Numerical Model for Evaluation of Long-Term Mechanical Degradation of Shotcrete Lining in Tunnels (터널 숏크리트 라이닝의 장기 내구성 저하 평가를 위한 수치모델의 개발)

  • Shin Hyu-Soung;Lim Jong-Jin;Kim Dong-Gyu;Lee Gyu-Phil;Bae Gyu-Jin
    • 한국터널공학회:학술대회논문집
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    • 2005.04a
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    • pp.251-258
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    • 2005
  • In this study, a new concept for simulating a long-term mechanical degradation mechanism of shotcrete in tunnels has been proposed. In fact, it is known that the degradation takes place mainly by internal cracks and reduced stiffness, which results mainly from volume expansion of shotcrete and corrosion of cement materials, respectively. This degradation mechanism of shotcrete in tunnels appears similar to those of the most kinds of chemical reactions in tunnels. Therefore, the mechanical degradation induced by a kinds of chemical reaction was generalized and mathematically formulated in the framework of thermodynamics. The numerical model was implemented to a 3D finite element code, which can be used to simulate behaviour of shotcrete structures undergoing external forces as well as chemical degradation in time. A number of illustrative examples were given to show the feasibility of the model in tunnel designs with consideration of long-term degradation effect of shotcrete quantitatively for increase of long-term safety of tunnels.

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Design and transient analysis of a compact and long-term-operable passive residual heat removal system

  • Wooseong Park;Yong Hwan Yoo;Kyung Jun Kang;Yong Hoon Jeong
    • Nuclear Engineering and Technology
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    • v.55 no.12
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    • pp.4335-4349
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    • 2023
  • Nuclear marine propulsion has been emerging as a next generation carbon-free power source, for which proper passive residual heat removal systems (PRHRSs) are needed for long-term safety. In particular, the characteristics of unlimited operation time and compact design are crucial in maritime applications due to the difficulties of safety aids and limited space. Accordingly, a compact and long-term-operable PRHRS has been proposed with the key design concept of using both air cooling and seawater cooling in tandem. To confirm its feasibility, this study conducted system design and a transient analysis in an accident scenario. Design results indicate that seawater cooling can considerably reduce the overall system size, and thus the compact and long-term-operable PRHRS can be realized. Regarding the transient analysis, the Multi-dimensional Analysis of Reactor Safety (MARS-KS) code was used to analyze the system behavior under a station blackout condition. Results show that the proposed design can satisfy the design requirements with a sufficient margin: the coolant temperature reached the safe shutdown condition within 36 h, and the maximum cooling rate did not exceed 40 ℃/h. Lastly, it was assessed that both air cooling and seawater cooling are necessary for achieving long-term operation and compact design.

Current Status and Tasks of Maritime Territorial Policies in Korea (국내 해양영토 정책의 현황과 과제)

  • Lee, Junsung
    • Maritime Security
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    • v.3 no.1
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    • pp.237-255
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    • 2021
  • This article analyzed maritime territorial policies in Korea. Marine territory originally refers to the topography of the subsoil in a country's territorial sea. From a political perspective, it is a broad concept that includes islands and polar regions beyond the jurisdiction of Korean sovereignty or sovereign rights, such as territorial waters, EEZs, and continental shelves. Also, Korean researchers use "maritime territory" as a term for maritime zones that stretch from Ieodo (Korean EEZ) to Dokdo Island. The purpose of this study is to review the concepts of various domestic maritime territories and examine the formation and change of policies. The article is structured as follows. Chapter 2 reviews past discussions on maritime territories and analyzes the concept of maritime territory based on them. The term "maritime territory" is used indiscriminately with islands due to the lack of discussion on this matter between academic circles in the past. Therefore, this chapter provides an in-depth analysis of the concept of maritime territory. Chapter 3 tracks the formation and change of maritime territorial policies. Today, the concept of domestic maritime territory has been completed in the public domain. The activities of the Ministry of Oceans and Fisheries, the control tower of domestic maritime territorial policies, are summarized to explain this concept. Chapter 4 analyzes the concept of maritime territory by comparing it with China's blue state territory (藍色國土). As China's concept of blue state territory has many similarities with maritime territory as a political base for China's maritime activities today, comparing these two concepts would be significant. Based on the above, Chapter 5 derives suggestions to promote maritime territorial policies.

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Concept analysis of transition to motherhood: a methodological study

  • Hwang, Woon Young;Choi, Sun Yeob;An, Hae Jeong
    • Women's Health Nursing
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    • v.28 no.1
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    • pp.8-17
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    • 2022
  • Purpose: Although the term "transition to motherhood" is commonly used in research, the concept is not clear. This study, hence, was conducted to clarify the concept of "transition to motherhood." Methods: The concept analysis framework developed by Walker and Avant is used to analyze the concept of transition to motherhood. Results: Transition to motherhood is defined as the physical, psychological, social, and relational (mother-baby relationship/interpersonal relationship) changes that happen to a woman after pregnancy and delivery of a baby. The attributes of the transition to motherhood include: 1) adapting to physical changes after pregnancy and childbirth; 2) experiencing various psychological changes; 3) changing of her social perception from being a woman to someone's mother; and 4) forming and developing a relationship with the newborn, adjusting priorities, and redefining the relationship between family and others. Meeting the newborn is regarded as an antecedent of the transition to motherhood. Redefining identity and physical image, ensuring mother's well-being, maternal attachment, and confidence in the maternal role are regarded as consequences of the transition to motherhood. The concept was clarified by the presentation of model, borderline, and contrary cases. Conclusion: The significance of this study lies in the clarification of the concept of transition to motherhood and defining its attributes. It is recommended that tools be developed to measure transition to motherhood based on the results of this study. Furthermore, nurses and midwives can use study findings to better understand the concept of transition to motherhood in providing care and support to mothers who experience it.

A Study on the Strategic Management Characteristics of Family-owner Firms and Family Farms : the Similarities and the Application for Farm Household Studies (가족기업과 가족농의 전략적 특성에 관한 연구 : 그 유사성과 농가연구 적용가능성을 중심으로)

  • Ko, Kyung-Ho
    • Korean Journal of Organic Agriculture
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    • v.23 no.4
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    • pp.749-756
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    • 2015
  • This study aims at identifying the characteristics of family-owner firms from the business studies and searching for the usefulness of the concept for the farming research. From the 1980s, there have been a lot of studies on family business which found out its different features in term of management characteristics. Exploring the concept of the family business, this tries to figure out any kind of similarities of the family farm concept which could be applied for the studies on identifying novel characteristics of contemporary family farms in capitalised societies.