• Journal of Korean Classical Literature and Education
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• no.33
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• pp.153-184
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• 2016

This study investigates the funeral rituals practiced by the Joseon Dynasty as recorded about Lee Mun Geon (1494~1567, a.k.a Mukjae), who mourned by the grave of his deceased mother, Ms. Shin (1463~1535), a woman whose family's origin was Goryeon. The study focuse on the rituals performed by Lee after his mother's death, his participation in the funeral, and his mourning specifically as an individual who has lost his parent. Reviewing Lee's mourning life beside the grave, the contents of diary belonging to a nobleman in the middle of Joseon Dynasty were studied aimsing to find out the meaning of rituals, the overall recognition accorded to death, and the filial duties that were carried out by the noblemen of the time. Although noblemen in the middle of Joseon Dynasty ceaselessly attempted to change the observance of funeral rituals through legislation, it was difficult to change the mindset of the people, who fllowed the deep-rooted traditions of long history. It must be acknowledged that the Joseon Dynasty had a different cultural background than that of China. There was a fundamental problem when they tried to adapt The Family Rituals of Zhu Xi, followed by the Chinese, to the Joseon society. Although The Family Rituals of Zhu Xi emphasized ancestral rites focusing on enshrining mortuary tablets and the importance of establishing the family shrine hundred times, noblemen in the mid-Joseon Dynasty period cared for their parents in the grave by mourning for them than by following such practice. The solemn memorial service held in front of the grave, and the annual ritual service on the death anniversary were far more important to the noblemen in the mid-Joseon Dynasty. Amid such contradictions, the noblemen accepted and performed the mourning rituals beside the grave of their parent. Human beings across the ages have always dwelt upon thoughts of the afterlife. Most people believe that they attain a state after the death of their physicalbody. If humans did not have such thoughts, they would not be bothered if death occurs on being hit by a car on the street. Thus, human beings often think of the ritual services related to death, although in different forms. Therefore, mourning by the grave of their parent held great significance among the noblemen of the Joseon Dynasty as a sign of their filial piety.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.147-162
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• 1989

The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

• Journal of Life Science
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• v.24 no.2
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• pp.191-195
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• 2014

Essential oils extracted or purified from various plants have shown various beneficial effects. Seed parts of Schizandra chinensis Baillon (Schisandrae Semen) have been used as a traditional medicine for thousands of years in parts of Asia, including Korea, China, and Japan. However, the pharmacological mechanisms of essential oils purified from S. fructus (S. chinensis Baillon) remain largely unresolved. The aim of this study was to investigate the safety of Schisandrae Semen essential oil (SSeo) by a single- dose toxicity study in mice. SSeo was orally administered at a dose of 5,000 mg/kg in ICR mice. All animals were sacrificed after 14 days of treatment. After a single administration, mortality, clinical signs, body weight changes, and gross pathological findings were observed for 14 days. We also measured parameters of organ weight, clinical chemistry, and hematology. No toxicological change related to the test substance or mortality was observed after administration of a single oral dose of SSeo. There were no adverse effects on clinical signs, body weight, or organ weight and no gross pathological findings in any treatment group. The clinical chemistry and hematological parameters were within the normal ranges except total bilirubin. Therefore, the approximate lethal dose for oral administration of SSeo in mice was considered to be over 5,000 mg/kg. The results on the single-dose toxicity of SSeo indicate that it is not possible to reach oral dose levels related to death or dose levels with any harmful side effects.

• MISULJARYO - National Museum of Korea Art Journal
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• v.101
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• pp.12-46
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• 2022

Completed in 1467, the Thirteen-story Stone Pagoda of Wongaksa Temple is the last Buddhist pagoda erected at the center of the capital (present-day Seoul) of the Joseon Dynasty. It was commissioned by King Sejo, the final Korean king to favor Buddhism. In this paper, I aim to examine King Sejo's intentions behind celebrating the tenth anniversary of his enthronement with the construction of the thirteen-story stone pagoda in the central area of the capital and the enshrinement of sarira from Shakyamuni Buddha and the Newly Translated Sutra of Perfect Enlightenment (圓覺經). This paper provides a summary of this examination and suggests future research directions. The second chapter of the paper discusses the scriptural background for thirteen-story stone pagodas from multiple perspectives. I was the first to specify the Latter Part of the Nirvana Sutra (大般涅槃經後分) as the most direct and fundamental scripture for the erection of a thirteen-story stone pagoda. I also found that this sutra was translated in Central Java in the latter half of the seventh century and was then circulated in East Asia. Moreover, I focused on the so-called Kanishka-style stupa as the origin of thirteen-story stone pagodas and provided an overview of thirteen-story stone pagodas built around East Asia, including in Korea. In addition, by consulting Buddhist references, I prove that the thirteen stories symbolize the stages of the practice of asceticism towards enlightenment. In this regard, the number thirteen can be viewed as a special and sacred number to Buddhist devotees. The third chapter explores the Buddhist background of King Sejo's establishment of the Thirteen-story Stone Pagoda of Wongaksa Temple. I studied both the Dictionary of Sanskrit-Chinese Translation of Buddhist Terms (翻譯名義集) (which King Sejo personally purchased in China and published for the first time in Korea) and the Sutra of Perfect Enlightenment. King Sejo involved himself in the first translation of the Sutra of Perfect Enlightenment into Korean. The Dictionary of Sanskrit-Chinese Translation of Buddhist Terms was published in the fourteenth century as a type of Buddhist glossary. King Sejo is presumed to have been introduced to the Latter Part of the Nirvana Sutra, the fundamental scripture regarding thirteen-story pagodas, through the Dictionary of Sanskrit-Chinese Translation of Buddhist Terms, when he was set to erect a pagoda at Wongaksa Temple. King Sejo also enshrined the Newly Translated Sutra of Perfect Enlightenment inside the Wongaksa pagoda as a scripture representing the entire Tripitaka. This enshrined sutra appears to be the vernacular version for which King Sejo participated in the first Korean translation. Furthermore, I assert that the original text of the vernacular version is the Abridged Commentary on the Sutra of Perfect Enlightenment (圓覺經略疏) by Zongmi (宗密, 780-841), different from what has been previously believed. The final chapter of the paper elucidates the political semantics of the establishment of the Wongaksa pagoda by comparing and examining stone pagodas erected at neungsa (陵寺) or jinjeonsawon (眞殿寺院), which were types of temples built to protect the tombs of royal family members near their tombs during the early Joseon period. These stone pagodas include the Thirteen-story Pagoda of Gyeongcheonsa Temple, the Stone Pagoda of Gaegyeongsa Temple, the Stone Pagoda of Yeongyeongsa Temple, and the Multi-story Stone Pagoda of Silleuksa Temple. The comparative analysis of these stone pagodas reveals that King Sejo established the Thirteen-story Stone Pagoda at Wongaksa Temple as a political emblem to legitimize his succession to the throne. In this paper, I attempt to better understand the scriptural and political semantics of the Wongaksa pagoda as a thirteen-story pagoda. By providing a Korean case study, this attempt will contribute to the understanding of Buddhist pagoda culture that reached its peak during the late Goryeo and early Joseon periods. It also contributes to the research on thirteen-story pagodas in East Asia that originated with Kanishka stupa and were based on the Latter Part of the Nirvana Sutra.

• Korean Journal of Environmental Biology
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• v.24 no.3
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• pp.248-257
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• 2006

Total naturalized plant species in the streams of Jeonju were listed as 109 taxa; 24 families, 75 genera, 106 species, 3 varieties. Dividing by stream, Jeonju stream has 75 taxa; 20 families, 55 genera, 73 species, 2 varieties. Samcheon stream has 86 taxa; 19 families, 64 genera, 84 species, 2 varieties. Soyang stream has 80 taxa; 21 families, 60 genera, 77 species, 3 varieties. Urbanization Index (UI) of total streams (109 taxa) was 40.2%. UI was 27.7% in Jeonju stream (75 taxa), 31.7% in Samcheon stream (86 taxa), 29.5% in Soyang stream (80 taxa). Dividing by degree of naturalization classification, 25 taxa (9.2%) were found in class 5, 17 taxa (6.2%) in class 4, 32 taxa (11.8%) in class 3, 27 taxa (9.9%) in class 2 and 8 taxa (2.9%) in class 1. Dividing by introduction period, 48 taxa (44%) aye in period I, 19 taxa (17%) in period II, 42 taxa (39%) in period III. Dividing by growth type, 48 taxa (44%) are annuals, 25 taxa (23%) are biennials, 33 taxa (30%) are perennials. Dividing by the place of origin, 39 taxa (35%) are from Euyope, 33 taxa (30%) from North America, 11 taxa (10%) from Tropic America, 9 taxa (8%) from Europe Asia,5 taxa (5%) from South America, 5 taxa (5%) from China.

• The Korean Journal of Food And Nutrition
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• v.25 no.2
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• pp.368-382
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• 2012

This paper investigated the system that is relevant to Jang(fermented soybean paste or solution), the relief of hunger-stricken people by Jang, 33 kinds of Jang, and its consumption in the documents, such as the annals of the Chosun Dynasty, Ihlseong-document, Seungjeongwon daily, Uigwe(record of national ceremony), official documents on the basis of Kyujanggak institute for the Korean studies and data base of Korean classics. There are lots of Jang named after the place of particular soybean's production from the ancient times. Jang, soybean, salt and Meju(source of Jang), during the Dynasty, were collected as taxation or tribute. In the 5th year of Hyeonjong(1664), the storage amount of soybean in Hojo(ministry of finance) was 16,200 $k{\ell}$, and its consumption was 7,694 $k{\ell}$ a year. In the 32nd year of Yongjo(1756), the 1,800 $k{\ell}$ of soybean was distributed to the people at the time of disaster, and in his 36th year(1756), the 15,426 $k{\ell}$ of soybean was reduced from the soybean taxation nationwide. The offices managing Jang are Naejashi, Saseonseo, Sadoshi, Yebinshi and Bongsangshi. Chongyoongcheong(Gyeonggi military headquarters) stored the 175.14 $k{\ell}$ of Jang, and the 198 $k{\ell}$ of Jang in Yebinshi. There are such posts managing Jang as Jangsaek, Jangdoo, and Saseonsikjang. In the year of Jeongjong(1777~1800), the royal family distributed the 3.6 $k{\ell}$ of Meju to Gasoon-court, Hygyeong-court, queen's mother-court, queen's court, royal palace. The 13.41 $k{\ell}$ of Gamjang(fermented soybean solution) was distributed to the Gasoon-court, 17.23 $k{\ell}$ to Hegyeong-court, 17.09 $k{\ell}$ to the queen's mother-court, and the 17.17 $k{\ell}$ to the queen's court each. There are 112 Jang-storing pots in the royal storages, and the 690 are in Namhan-hill, where the 2.7 $k{\ell}$ of fermented Jang was made and brought back by them each year. At the time of starvation, Jang relieved the starving people. There are 20 occasions of big reliefs, according to the annals of the Chosun Dynasty. In the 5th year of Sejong(1423), the 360 $k{\ell}$ of Jang was given to the hunger-stricken people. In his 6th year(1424), the 8,512.92 $k{\ell}$ of rice, bean, and Jang was provided and in the 28th year(1446), the 8,322.68 $k{\ell}$ of Jang was also provided to them. In the Dynasty, Jang was given as a salary. In case that when they were bereaved, they didn't eat Jang patiently for its preservation. They were awarded for their filial piety. In the annals of the Chosun Dynasty, there are 19 kinds of Jang. They are listed in the order of Jang(108), Yeomjang(90), Maljang(11), Yookjang(5), Gamjang(4), and etc.,. In Seungjeongwon daily, there are 11 kinds of Jang. Jang(6), Cheongjang (5), Maljang(5), and Tojang(3) are listed in order. In the Ihlseong-document, there are 5 kinds of Jang. They are listed in Jang(15), Maljang(2), Gamjang(2), and etc.,. There are 13 kinds of Jang in Uigwe, and the official documents, in the order of Gamjang(59), Ganjang(37), Jang(28), Yeomjang(7), Maljang(6), and Cheongjang(5). In addition, shi are Jeonshi(7), and Dooshi(4). All these are made of only soybean except, for Yookjang. The most-frequently recorded Jang among anthology, cookbook, the annals of the Chosun Dynasty, Ihlseong-document, Seoungjeongwon daily, Uigwe, or official document is Jang(372), and then Yeomjang(194), Gamjang(73), Cheongjang(46), Ganjang(46), Soojang(33), and Maljang(26), which were made of soybean. Jang from China in cookbook is not in anthology and royal palace documents. Thus, traditional Jang made of soybean was used in the daily food life in the royal court, and in the public during the Chosun period.

• Korean Journal of Heritage: History & Science
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• v.42 no.2
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• pp.62-85
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• 2009

The Nam-Hae Sin-sa, the South Sea shrine in Yeong-Am, Korea was a national institution for public peace and bliss, was excavated in 2000, and the shrine and the 3-way-gate were reconstructed in 2001. Hae Sin-sa, the Sea shrine is a place for religious service separated into the Nam-Hae Sin-sa, the Dong-Hae Myo, and the Seo-Hae Dan. The Dong-Hae Myo was reconstructed, but restored shrine and 3-way-gate of the Nam-Hae Sin-sa is not perfect in comparison with excavation plan in 2000, therefore new reconstruction was researched through the related literature, the analysis of historical maps and excavation results, the interview with the concerned people and the case study. This research defines the analysis of the Plan of the Nam-Hae Sin-sa Reconstruction as follows. 1. The Nam-Hae Sin-sa was the institution for religious service operated by national direct management, represents the shrine for public peace and bliss on the Mountain, the Sea, and the River. Especially the Nam-Hae Sin-sa had an important position on the pivot of international trade with China and Japan, and had a role of main shrine with another one in the Mt. Ji-ri San. 2. The name of the Sea shrine was called as Nam-Hae Sin-sa(the South Sea shrine), Dong-Hae Myo(the East Sea shrine), Seo-Hae Dan(the West Sea shrine). But the name of the South Sea shrine had changed in the early period of Chosun as Nam-Hae Sin-sa to the later Chosun as Nam-Hae Dang through the research of related literature and historical map. Such as the Seo-Hae Dan, it was constructed for the Dan, the flat raised-floor without buildings, and changed to the type of Sa-Dang with addition of buildings. 3. The historical map of Hae Sin-sa informs the types of the roof, the Mat-bae roof was used in the Dong-Hae Myo, but the Pal-jak roof was showed in the Seo-Hae Dan and the Nam-Hae Sin-sa. 4. According to the analysis of Yong-Ch'uck the unit length, Nam-Hae Sin-sa was reconstructed in the period of Koryo on large scale, but it was restored in the Chosun on middle scale. And the Unit of Yong Ch'uck was changed into Yeong-jo Ch'uck in the period of Chosun. 5. As the results, The Plan of the Nam-Hae Sin-sa Reconstruction designed the new shrine into the 3 Kan front and the 2 Kan side with 3:2 scale. An-ch'o-gong with Yong-du and Yong Mi the ornaments represents head and tail of dragon, the Un-gong and the ornament of Pa-ryun-dae-gong in the building, and the Ch'ung-ryang of the Yong-du show the image of the institution for religious service for the god of the sea who look like dragon. The inner gate building and the main entrance were designed as same plan and scale as Hyang-gyo, the Korean Traditional School and Shrine of Confucianism, on the basis of results of excavation. Raise the 3-tall gate of the main entrance with harmony of the scale and the shape, because the side of gate building has the Mat-bae roof. 6. This research shows that Plan of the Nam-Hae Sin-sa Reconstruction is composed into shrine space and reservation space from the main entrance to inner gate and shrine like Jung-ak Dan in the Mt. Gye-ryong San, and it also informs the well in the west side of Sin-sa is an important factor of the plan of shrine architecture.

• The Southeast Asian review
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• v.28 no.3
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• pp.213-261
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• 2018

On May 9, 2018, regime change took place in Malaysia. It was the first regime change that took place in 61 years after independence in 1957. The regime change was an unexpected result not only in Malaysian experts but also in political circles. Moreover, the outcome of the election was more shocking because the opposition party was divided in this general election. The regime change in Malaysia was enough to attract worldwide attention because it meant the collapse of the oldest regime in the modern political system that exists, except North Korea and China. How could this have happened? In particular, how could the regime change, which had not been accomplished despite opposition parties' cooperation for almost 20 years, could be achieved with the divided opposition forces? What political implications does the 2018 general election result have for political change and democratization in Malaysia? How will the Malaysian politics be developed in the aftermath of the regime change? It is worth noting that during the process of finding answers, a series of general elections since the start of reformasi in 1998 tended to be likened to a series of "tsunami" in the Malaysian electoral history. This phenomenon of tsunami means that, even though very few predicted the possibility of regime change among academia, civil society and political circles, the regime change was not sudden. In other words, the regime in 2018 was the result of the desire and expectation of political change through a series of elections of Malaysian voters last 20 years. In this context, this study, in analyzing the results of the election in 2018, shows that the activation of electoral politics triggered by the reform movement in 1998, along with the specific situational factors in 2018, could lead to collapse of the ruling government for the first time since independence.

• Journal of Korean Society of Forest Science
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• v.86 no.3
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• pp.378-390
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• 1997

Ten total populations of Korean fir (Abies koreana Wilson) and Manshurian fir [A. nephrolepis (Traut.) Maxim.] were sampled from south Korea to investigate patterns of intraspecific variation in these species and to evaluate a recognition of the two species. Principal components analysis and cluster analysis were performed both on seed-cone data and on needle morphology data. The characters that contributed most to the separation between A. koreana and A. nephrolepis along three principal components axis were leaf width, length of seed, width of seed wing, length of seed wing, cone width, width of scale, and length of bract tip, but these characters were not diagnostic because of overlap in reality. Therefore, all these characters were not reliable in distinguishing these two taxa including bract position (exerted and recurved vs. exerted and straight). The individuals of A. koreana from Mt. Chi-ri appeared quite unique probably on account of its larger cone size and longer scale tip, while those from Mt. Hal-la of A. koreana were generally distinct from others in terms of their larger seed and seed wing and longer scale width. The Mt. Duk-yu specimens of A. korecana appeared somewhat smaller but more data were needed due to the small sampling size. Generally, the gradual clinal geographic trends made evident by the position of resin ducts in leaves of A. koreana can be detected. The southern populations, Mt. Hal-la (an insular population) were generally distinct from the northern populations (Mt. Chi-ri, Mt. Ga-ya and Mt. Duk-yu) in terms of their position of resin duct (medial, within mesophyll vs marginal, close to epidermis : 100% vs 75 or 50%). Although no sharp boundary separating these two species could be detected based on cone and needle morphology, the observed clinal pattern was distinct in northern populations of A. koreana and southern population of A. nephrnlepis. In a preceding study of the flavonoids variation of 20 species in eastern Asia, flavanone (5-deoxyflavanone) was found to be characteristic of A. faxoniana Rehder et Wilson, A. georgei Orr of China and A. koreana of Korea. A. faxoniana, which is assumed to be primitive species, has position of resin duct relative to both the medial and the marginal, while A. georgei and A. koreana are identified by marginal position of resin duct. With respect of foliar flavonoids chemistry, A. koreana was distinct from A. nephrolepis : the southmost samples (Mt. Hal-la and Mt. Chi-ri) contained additional flavonoids derivatives (mainly flavanone) that were not found in the northmost samples of A. nephrolepis except a few individuals from Mts. Seo-rak and Tae-bak populations of Kwang-won province. The presence of A. koreana type flavonoids in two Chinese species suggested that position of resin duct may be a phyletic character. Abies koreana including two Chinese taxa, exhibited the most elaborate and specialized flavonoids profile within the Abies in eastern Asia. Contrary to our initial expectations, the apparent intermediates between A. nephrolepis and A. koreana in Duk-yu and Ga-ya mountains were found. The pattern of variation on position of resin duct and flavonoids chemistry in these populations of A. kareana suggested that genetic interchange or natural hybridization had occurred between these two species. The evidence needed to resolve the status of this taxon is still inconclusive in our opinion until intermediate individuals from Mts. Duk-yu and Ga-ya show indication of hybridization between the two species.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.115-157
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• 2013

Some contracting States of the Convention on International Civil Aviation (commonly known as the Chicago Convention) issue FAOC(Foreign AOC and/or Operations Specifications) and conduct various safety audits for the foreign operators. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident, it is the source of concern from the legal as well as economic perspectives. FAOC of the USA doubly burdens the other contracting States to the Chicago Convention because it is the requirement other than that prescribed by the Chicago Convention of which provisions are faithfully observed by almost all the contracting States. The Chicago Convention in its Article 33 stipulates that each contracting State recognize the validity of the certificates of airworthiness and licenses issued by other contracting States as long as they meet the minimum standards of the ICAO. Consequently, it is submitted that the unilateral action of the USA, China, Mongolia, Australia, and the Philippines issuing the FOAC to the aircraft of other States is against the Convention. It is worry some that this breach of international law is likely to be followed by the European Union which is believed to be in preparation for its own unilateral application. The ICAO established by the Chicago Convention to be in charge of safe and orderly development of the international civil aviation has been in hard work to both upgrade and emphasize the safe operation of aircraft. As the result of these endeavors, it prepared a new Annex 19 to the Chicago Convention with the title of "Safety Management" and with the applicable date 14 November 2013. It is this Annex and other ICAO documents relevant to the safety that the contracting States to the Chicago Convention have to observe. Otherwise, it is the economical burden due to probable delay in issuing the FOAC and bureaucracies combined with many different paperworks and regulations depending on where the aircraft is flown. It is exactly to avoid this type of confusion and waste that the Chicago Convention aimed at when it was adopted in 1944. The State of the operator shall establish a system for both the certification and the continued surveillance of the operator in accordance with ICAO SARPs to ensure that the required standards of operations are maintained. Certainly the operator shall meet and maintain the requirements established by the States in which it operate. The authority of a State stops where the authority of another State intervenes or where the former has yielded its power by an international agreement for the sake of international cooperation. Hence, it is not within the realm of the State to issue FAOC towards foreign operators for the reason that these foreign operators are flying in and out of the State. Furthermore, there are other safety audits such as ICAO USOAP, IATA IOSA, FAA IASA, and EU SAFA that assure the safe operation of the aircraft, but within the limit of their power and in compliance with the ICAO SARPs. If the safety level of any operator is not satisfactory, the operator could be banned to operate in the contracting States with watchful eyes until the ICAO SARPs are met. This time-honoured practice has been applied without any serious problems. Besides, we have the new Annex 19 to strengthen and upgrade with easy reference for contracting States. We don't have no reason to introduce additional burden to the States by unilateral actions of some States. These actions have to be corrected. On the other hand, when it comes to the carriage of the Personal or Pilot Log Book, the Korean regulation requiring it is in contrast with other relevant provisions of USA, USOAP, IOSA, and SAFA. The Chicago Convention requires in its Articles 29 and 34 only the carriage of the Journey Log Book and some other certificates, but do not mention the Personal Log Book at all. Paragraph 5.1.1.1 of Annex 1 to the Chicago Convention even makes it clear that the carriage in the aircraft of the Personal Log Book is not required on international flights. The unique Korean regulation in this regards giving the unnecessary burden to the national flag air carriers has to be lifted at once.