• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.9-39
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• 2003

The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.26 no.4
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• pp.31-63
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• 2015

This research was based on the investigation of the awarenesses of librarians of issues regarding the privacy of the users of school libraries. It sought to determine if, by raising the issue of the importance of the need for the protection of the personal information of the users of the school libraries, and the implications of not paying attention to the rules in effect, the awareness regarding the privacy of the users of school libraries would be improved. For this, previous research related to the privacy of the students, the legal basis for the protection of the privacy of the domestic and foreign students, and the types of the infringements upon the protection of their personal information were investigated. A survey was conducted to measure the awareness of issues related to the privacy of the users of the library. The research showed the results as follows: First, the awarenesses regarding the privacy of the users of the school libraries appeared low, and low recognition was also found regarding the awareness of the cases of the infringements upon the privacy of the users of the school libraries; regarding the awareness in relation to the protection of privacy; regarding the seriousness of the privacy problems of the users; and regarding the factors that can encroach upon the privacy of the users. Second, regarding the seriousness felt when the library records of the users of the school libraries are leaked to the outside, 41.6% of the respondents responded by saying "It is serious", and 18.4% responded by saying "It is not serious". Third, as a result of investigating the awareness regarding whether the consent of the person concerned is needed in case a third party requests access to reading the records in the library, 68.5% of the respondent responded "It is needed", and only 10.4% responded "It is not needed". Last, in the investigation into whether the respondents had the experience of being educated as to the rules related to the privacy of the users at a school or an external organization, over 80% of the respondents answered that they did not receive it.

• International Commerce and Information Review
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• v.18 no.4
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• pp.143-164
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• 2016

PICC are dealing with form requirements of international commercial contract under writings in confirmation, conclusion of contract dependent on agreement on specific matters or in a particular form, contract with terms deliberately left open, merger clauses, modification in a particular form. If a writing which is sent within a reasonable time after the conclusion of the contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the recipient, without undue delay, objects to the discrepancy. Where in the course of negotiations one of the parties insists that the contract is not concluded until there is agreement on specific matters or in a particular form, no contract is concluded before agreement is reached on those matters or in that form. If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by a third person does not prevent a contract from coming into existence. A contract in writing which contains a clause indicating that the writing completely embodies the terms on which the parties have agreed cannot be contradicted or supplemented by evidence of prior statements or agreements. However, such statements or agreements may be used to interpret the writing. A contract in writing which contains a clause requiring any modification or termination by agreement to be in a particular form may not be otherwise modified or terminated.

• Journal of Digital Convergence
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• v.10 no.8
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• pp.201-210
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• 2012

Because sensing odor varies depending on each person, even if the odor is released in line with the legal emission permission concentration levels, it can still become a social issue if a civil complaint is made. The purpose of this research is to study the possibility of putting Mn-Cu metallic oxide catalysts into practical use to economically eliminate acetaldehyde which produces a odor in the industrial process. An optimal operating parameter to eliminate acetaldehyde was deduced through a performance evaluation in the research laboratory and the performance was verified by applying the parameter into an actual facility as an on-the-site experiment through a Scale-up of pilot size. The operating temperature of the metallic oxide catalysts researched so far was at the minimum close to $220^{\circ}C$, and the $220^{\circ}C$ elimination efficiency was 50% or below. However, having experimented by using a Mn-Cu metallic oxide catalyst in this research, optimum elimination efficiency showed when space velocity (GHSV) was equal to or below 6,000 $hr^{-1}$. The average elimination efficiency was 61.2% when the catalyst controlling temperature was $120^{\circ}C$, 93.3% when the catalyst controlling temperature was $160^{\circ}C$, and 94.9% when catalyst controlling temperature was $180^{\circ}C$, thereby reflecting high elimination efficiency. The specific surface area of the catalyst was $200m^2/g$ before use, however, was reduced to $47.162m^2/g$ after 24 months and therefore showed that despite the decrease in specific surface area as time passed, there was no significant influence on the performance. Having operated Mn-Cu metallic oxide catalyst systems for at least two years on a site where there was no inflow of toxins like sulfur compounds and acidic gases, we were able to confirm that elimination efficiency of at least 90% was maintained.

• Journal of Korean Academy of Nursing
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• v.2 no.1
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• pp.73-85
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• 1971

A epidemiological study was conducted by author on 925 official reported patients with the first grade legal communicable disease during the period from January 1969 to December 1970 in all area of Kangwon province. As the results of this study, tile following conclusion were obtained. A) Typhoid fever 1. Of all 925 patients surveyed, typhoid fever showed the highest rate as 50.7 percent. 2. Age group from 10 to 14 years old showed the highest rates 3. High epidemic period was from June to September. 4. As for the occupational distribution, unemployed showed the highest rate as 63.2 percent, followed by-21.1 percent in farmer and 9.4 percent in student. 5. Most of all patients(93.7%) were isolated in their own house 6. The morbidity rate was 16.0 per 100, 000 population and case fatality rate was 1.76 percent 7. The mean of the duration from onset to diagnosis and carnation were 11.7$\pm$7.1 days and 25.1$\pm$13, 8 days respectively. 8. Main diagnostic method was almost the clinical examination B) Dysentery 1, Of all 925 patients surveyed, dysentery showed 44.4 percent 2. Age group from 0 to 9 years old showed the highest rate 3. High epidemic period of this disease was from April to August 4. As for the occupational distribution, unemployed showed the highest rate as 73.9 percent, followed by 17.7 person in farmers and 7.0 percent in student 5. the attack rate of agricultural area was higher than of fishing area 6. The mean of the duration from onset to diagnosis and crating duration were 10.4$\pm$4.3 days and 15.7$\pm$8.8 days respectively. 7. The morbidity rate and case fatality rate were 21.8 per 100.000 population and 1.46 percent, respectively. 8. Most of all patients were isolated in own house 9. Most of all patients (97.6%) were diagnosed by the clinical examination C) Diphtheria 1. As for the age distribution, 0-4 years old group showed the highest rate as 44.4 percent followed by 27.7 percent in 5-9 years old group and 22.2 percent in 10-14 years old group 3. Epidemic season was almost in autumn, winter and spring 3. The morbidity rate was 0.96 per 100.000 population and case fatality rate was high as 26.6 percent 4. 66.6 percent of this disease was isolated in their own house and the others were admitted in hospital D) Paratyphoid fever 1. Most of all patients were attacked below 20 years old 2. Epidemic season was almost was almost in late summer 3. The morbidity rate was 0.53 per 100.000 population 4. The mean of the duration from onset to diagnosis and crating duration were 18.3$\pm$1.3 day and 13.7$\pm$0.2 day. respectively.

• Korean Security Journal
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• no.14
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• pp.465-484
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• 2007

Our society's modernization created many opportunities for us to need a private investigation service system. Variation of international environment due to joining in the OECD, opportunity of individual legal, collect evidence during judgement, prevention of damage criminal, security of business in company, free trade economy's system etc and don't need to enumerate how important of introduction of private investigation service system. In addition to there are lots of objection opinions, such as possibility of person's private life, invade of lawyer's area, confliction with investigation team, gap of wealth and poverty that make preponderance of information. So this research can be considerate from objective opinion, and can obtain conclusion just like below. First, private detective agencies that encroach on the individual rights will naturally deteriorate after the implementation of private investigation service system. Through this, the probability of civil rights encroachment will be lower, and for this to happen there needs to be a thorough maintenance of the system. Secondly, mutually beneficial solution should be found not by a conflict between two sides. Detective business sector should not cause social confusion from conflicts with other investigation organization such as police, or investigators, rather, it must get on the demand of the diversified citizen and maintain the diverse sector inter-cooperate right, and to do that law and institution must be made for the base. Thirdly, investigation used depending on the gap between wealth and poverty does not mean the actualization of the rights and interests of the citizen. If the duty of investigation sector is to find the evidence and collect or manufacture of the evidence, then the problems which the nation can't handle will be more enlarged and then finally end up with strengthening the capability of national public security demand.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.3-32
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• 2014

Article 77 sets forth the principle of prevention applied in several legal systems. Under this principle the party threatened by ooss as a consequence of a breach of contract by the other party is not permitted to await passively incurrence of the loss and then sue for damages. He is obliged to take adequate preventive measures to mitigate his loss. If the injured party abstains from taking such excessive measures he will not be considered to have failed to mitigate the loss under Article 77. The sanction provided in Article 77 against a party who fails to mitigate his loss only enables the other party to claim reduction in the damages. The reduction in damages under Article 77 is equal to the amount by which the loss should have been mitigated if the injured party had taken reasonable measures to avert or to lessen it. The aim of Article 77 is to encourage mitigation of the loss. The duty to mitigate the loss applies not only to a breach of contract in respect of an obligation whose performance is currently due. but also to an anticipatory breach of contract under Article 71. Article 85 contemplates that the buyer is in delay in fulfilling the latter obligation, or else that he fails to pay the price when payment is to be made concurrently with delivery of the goods by the seller. In both these situations of default, the seller who is either in possession of the goods or otherwise able to control their disposition must take measures, reasonable in the circumstances, to preserve them. The right of retention of the goods y the seller exists until he is reimbursed by the other party for the reasonable expenses incurred. Article 87 and Article 88 of the Convention grant different rights to the party obligated to take steps to preserve the goods; Article 87 allows him to deposit them in the warehouse of a third person, and Article 88 to sell them by whatever means appropriate. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2) which imposes the duty to take reasonable measures to sell the goods.

• Journal of Korean Society of Forest Science
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• v.65 no.1
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• pp.92-95
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• 1984

The status of the forest owners and the ownership arrangement has been surveyed in the joint ownership forest of the total 250.59 ha, 17 plots including plot No. 2, in Cha-ri, Duseo-myeon, Ulju-gun, Kyongnam. It has been surveyed that the total number of the practical owners relevant to the ownership is 133 persons. However, the number of the owners is recorded as 55 person in the official documents and there has been a big difference between the number of the practical owners and that of the practical owners and that of the owners in the official documents. As 79 forestowners, 59% of the total forestowners, can not be certainly guaranteed in the execution of their legal rights to the ownership, it could be one of the factors which will hinder the promotion of the investment willingness to forest works. In order to go through with the formality of the ownership registration correspond to reality, some necessary works such as the boundary survey should be followed. Therefore it is required that any governmental or public organizations should take part in technical and financial aids to solve these matters.

• Journal of Technology Innovation
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• v.20 no.3
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• pp.57-91
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• 2012

This paper investigates determinants of litigation success in the two distinctive types of patent litigations, ex-parte and inter-parte cases, which are brought in the process where a filed application becomes a valid patent right. We regress winning rates of patent applicants on the characteristics of firms, trials, patent lawyer, and patent itself, using a probit model with sample selections. The paper finds that the relative suit rate of a firm, time to be sued, changes of patent agents by applicants, and multiple agents among explanatory variables affect ex-parte reexamination and in-parte post-grant patent trials differently in the point of average marginal effects. These variables lower the probability of applicant's victory in the ex-parte cases, while they raise the probability in the inter-parte trials. However, the experience that agents represent applicants is a winning rate-increasing factor both in inter-parte and ex-parte reexamination, unexpectedly. This result cannot be applied to the entire domain of the variable, since sample selection effects are reflected in the result. The number of claim increases the winning probability of the applicant in the both types of patent litigations. This study has some limitations because it ignores the information on the legal person to which a patent agent belongs, and confined agent's experience to patent filing. We leave it future studies to investigate the effects of lawsuit experience of patent agent, and those of characteristics of the law firm to which individual patent lawyer is affiliated.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.139-168
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• 2016

Two alternative dispute resolutions for medical dispute have been operated under the States of German Medical Associations. The first is the medical mediation committee of North german area, the other is the advisory committee on medical errors in North-Rhine area. The former has focused on the mediation itself, the latter commission has focused on the expert review itself whether the physician has maintained reasonable care in diagnosis and treatment. Even though these organizations have maintained under the medical associations, to maintain the neutrality on legal and medical decision, the North German mediation committee is composed of a lawyer and a medicine doctor respectively and North-Rhine advisory committee has a lawyer chair person and four medicine doctors. The main difference of Korean Medical Dispute Mediation Agency in respect from the german system is that expert review is subordinated to the mediation process. The neutrality of expert review is suspected from the medicine doctors. The neytrality and the efficiency should be improved to treat the medical disputes. To do so, lawyer and medicine doctor work together in mediation process and lawyer should manage the expert review process but not involved. Mediation process and expert review should be checked and balanced, and they could be developed as a separated process itself.