• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• Journal of the Korean Institute of Landscape Architecture
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• v.43 no.5
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• pp.100-110
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• 2015

With the trend for the construction of barrier-free living environments in accordance with the ever-increasing external activity of the aging population, multi-culture families and socially disadvantaged, there is also a demand for the facilities improvement at parks for their convenience of use. This study analyzed the possibility of Barrier-Free Certification of an existing open space and defined its prototype renovation plan. This study is intended to help develop Borame Park into a barrier-free park by securing a barrier-free line of movement linking the major facilities sites within the park, improving park facilities lest there should be inconvenience in the use of the major facilities, and a guidance system convenient for use by physically and mentally impaired people. The significance of this study lies in the fact that it diagnosed the possibility of the BF Certification of existing urban parks and established a barrier-free park, which is easy for anyone to use. In the course of doing research on this, this study was able to discover the limitations of the BF Certification system, and its related tasks to be solved in the future as follows: The first thing this study shows is that there is a lack of understanding and awareness of the BF Certification system. Basically, there is a need for giving consideration to the development of a barrier-free living environment from the planning and design phase of a park, but in actuality, an examination of the certification is undertaken at the time of the completion of design and construction, which causes a large loss both time-wise and economically. Second, as evaluative items for the BF Certification of a park, applied are detailed evaluation items that fail to reflect the characteristics of an outdoor space whose natural constraints are large, such as geographical highs and lows and existing trees, plants, etc. Third, guidelines for establishment of a barrier-free park must be created in the light of the locational conditions of the park, followed by improvements of its BF Certification evaluation items.

• Journal of the Korean Institute of Landscape Architecture
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• v.41 no.3
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• pp.22-30
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• 2013

This study aims to measure the thermal comfort effects of urban street trees. As the usual dry bulb air temperature does not indicate properly how the average pedestrian feels the heat of a typical summer day under the strong sunshine, we adopted the Wet Bulb Globe Temperature(WBGT). WBGT involves black globe temperature to measure the direct radiation of sun beams on our bodies, for example our heads. We measured temperatures on very sunny and hot summer days, August 3, 4, and 7, 2012, on the urban streets of Seoul, Korea. Wet bulb, globe, and dry bulb temperatures were measured under direct sunlight from 1 O'clock to 5 O'clock pm. Globe and dry bulb temperatures were measured under street tree shades nearby during the same hours. Then the WBGTs were calculated with the formulae, one for sunny outdoor spaces, and the other for shaded outdoor spaces or indoor. The results are compared with the Korean Standards Association(KS A ISO 7243). The major findings were: 1) On very sunny and hot summer days in Seoul, street tree shades lower the WBGT about 1 to 4 degrees, 2) during the hours of 3 and 4 O'clock in the afternoon, the WBGT under the tree shades are about 3 to 4 degrees lower compared to those under sunshines(approx. 29 to 32 degrees respectively), 3) This difference makes a major thermal comfort for urban pedestrians because senior citizens or weak persons are recommended to move indoor, and even healthy people are recommended stop outdoor sports and take rests in the shades when WBGT is about 32. On the other hand, if the WBGT is around 29, or 3 degrees lower, slower walking, light works or sports are allowable, 4) On site questionnaire survey confirms the thermal comforts under the tree shades, and we even could not get survey subjects on the sunny parts of the sidewalks, 5) We strongly recommend change of guidelines for urban street trees from "one row of street trees on 6m~8m intervals" to "street trees to make continuous shades".

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.227-260
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• 2018

Recently, as the use of drones increases, the risk of drone accidents and third-party property damage is also increasing. In Korea, due to the recent increase in drone use, accidents have been frequently reported in the media. The number of reports from citizens, and military and police calls regarding illegal or inappropriate drone use has also been increasing. Drone operators may be responsible for paying damages to third parties due to drone accidents, and are liable for paying settlements due to illegal video recording. Therefore, it is necessary to study the idea of providing drone insurance, which can mitigate the liability and risk caused by drone accidents. In the US, comprehensive housing insurance covers damages caused by recreational drones around the property. In the UK, when a drone accident occurs, the drone owner or operator bears strict liability. Also, in the UK, drone insurance joining obligation depends on the weight of the drones and their intended use. In Germany, in the event of personal or material damage, drone owner bears strict liability as long as their drone is registered as an aircraft. Germany also requires by law that all drone owners carry liability insurance. In Korea, insurance is required only for "ultra-light aircraft use businesses, airplane rental companies and leisure sports businesses," where the aircraft is "paid for according to the demand of others." Therefore, it can be difficult to file claims for third party damages caused by unmanned aerial vehicles in personal use. Foreign insurance companies are selling drone insurance that covers a variety of damages that can occur during drone accidents. Some insurance companies in Korea also have developed and sell drone insurance. However, the premiums are very high. In addition, drone insurance that addresses specific problems related to drone accidents is also lacking. In order for drone insurance to be viable, it is first necessary to reduce the insurance premiums or rates. In order to trim the excess cost of drone insurance premiums, drone flight data should be accessible to the insurance company, possibly provided by the drone pilot project. Finally, in order to facilitate claims by third parties, it is necessary to study how to establish specific policy language that addresses drone weight, location, and flight frequency.

• The korean journal of orthodontics
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• v.27 no.4 s.63
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• pp.559-568
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• 1997

For orthodontic tooth movement, optimal orthodontic force should be maintained without periodontal breakdown and alveolar bone should be remodeled physiologically Therefore, To obtain proper occlusion through tooth movement within alveolar bone, we should know the biomechanics of teeth and supporting 4issues. The present study was performed to observe histologic changes of periodontal tissue immediately after application of orthodontic force and during the retention period in growing young adult dogs. In this study, experimental group contained between mandibular left canine and 1st molar and control group contained contralateral teeth of same animal. The .018'x.022' stainless steel closed coil spring(Dentaurum Co.) was ligated on the experimental teeth at initial 200gm-force from mandibular canine to 1st molar The animals(4 to 6 months aged young adult dogs) were sacrificed on 0, 14, 28 days after the finish of appliance activation, and then tissue samples were divided into hematoxylin-eosin(HE) staining section, ground section, alkaline phosphatase(ALP) staining section, and tartrate-resistant acid phosphatase(TRAP) staining section. Thereafter, the preparations were examined under light microscopy The following results were obtained: 1. Immediately after the finish of appliance activation, the periodontal space was increased in tension side, but decreased in pressure side compared to that of control. The hyalinized zone was also observed in the periodontium. 2. After the 14-day retention, peridontal space was decreased in tension side and slightly increased in pressure side compared to that of immediately after the finish of appliance activation. The hyalinized zone was repaired and a few osteoblasts showing slightly new bone formation were seen. Osteoblasts were scarcely observed along the alveolar bone. 3. Aftter the 28-day retention, the periodontal fibers are normally repaired. A lot of TRAP(+) osteoclasts md increased alveolar bone resorption were observed in pressure side, and AP(+) osteoblast and increased new bone formation were observed in tension side.

• Journal of Gifted/Talented Education
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• v.19 no.3
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• pp.603-646
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• 2009

This paper explores in depth Gaston Bachelard's theory of imagination so as to establish the philosophical bases of creativity. While he had begun his studies on imagination to eliminate unreliable subjectivity hampering objectivity of philosophy of science, he was fascinated to become a philosopher of imagination by its unlimited power. Since his theory of imagination marked a prominent spot in the history of Western idea, this paper will seek its significant implications that will also shed light on the philosophical grounds of creativity. The best way to approach his theory is to differentiate whether imagination is the power of forming images or that of transforming them. If not misguided by surface simplicity of the aforementioned differentiation, it will be revealed that it has accrued strata in the history of Western idea. The power of forming images is related to theory of mimesis or of representation, and to ocularcentric and logo-centric structures. Bachelard strongly opposes to the theory of imagination as power of forming images, since, if it is so, its expansion and development are not possible. He thereby constructs the theory of imagination as power of transforming images. The force of movement lies at the core of his theory. Imagination as an ability to intuit movement is directly related to the problem of change in the history of Western idea. If an entity is incessantly changes itself, it becomes a crucial role of imagination to capture the force perse in the perpetual movement without distortedly and abruptly fixing it at a still point of time and space. Bachelard criticizes such a method that makes movement a controllable entity consisting of partitioned moments of space; instead, he constructs theory of imagination that reveals the true power of indispensable movement. Furthermore, it will be revealed that Bachelard's theory has more affinities with Kantian imagination and reflective judgement of aesthetics than the past researches on Bachelard showed. This paper, by means of the above investigation, will transcend the superficiality of defining what are Bachelard's formal, material, and dynamic imaginations; simultaneously, it will bear philosophical conditions of possibility that makes us experience imagination fully. These conditions also become the philosophical foundations of creativity. It will draw to a provisional close its imaginative journey of everlasting movement by making ontological and ethical dimensions of imagination and creativity.

• Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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• v.19 no.5
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• pp.9-16
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• 2005

The purpose of this research is to acquire emotional data on luminous source by measuring and evaluating human emotional response to the change of the optical feature of luminous environment Luminous sources used in actual architectural space were selected with the optical feature of luminous soured then to measure and analysis human emotional response on Luminous Source. As a result of that 1) In the result of performance measurement by the item of the clear vision of an optic function the fluorescent lamp of daylight indicated the most excellent Performance. 2) In the item of fatigue and stress, the metal halide lamp and mercury lamp showed the most 3) In $\ulcorner$ suitable in light$\lrcorner$, $\ulcorner$a similar with daylight$\lrcorner$ adjective of the amenity item the fluorescent lamp of daylight which color temperature was high turned up to be high also, in $\ulcorner$brilliant$\lrcorner$, adjective, the metal halide lamp and mercury lamp turned up to be low. 4) In the result of factor analysis, three factors $\ulcorner$activity$\lrcorner$, $\ulcorner$potency$\lrcorner$, $\ulcorner$evaluation$\lrcorner$ were abstracted and $\ulcorner$activity$\lrcorner$ factor has the most influential on evaluating the mood of interior space. 5) For the affection in the mood evaluation by each luminous sources, $\ulcorner$activity$\lrcorner$ factor was the most influential by metal halide lamp and fluorescent lamp of daylight, $\ulcorner$potency$\lrcorner$ factor was most influential by kind of incandescent lamp, $\ulcorner$evaluation$\lrcorner$ factor was most influential by fluorescent lamp of low color temperature.

• Journal of the Korean Institute of Landscape Architecture
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• v.47 no.4
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• pp.50-60
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• 2019

In the late 1980s, a financial crisis and Compulsory Competitive Tendering (CCT) in green space services brought with it a profound impact on the quality of parks in the UK. Such government projects, e.g. Urban Task Force (1999) and Public Parks Assessment (2001), aimed to raise the awareness of the severity of the declining standards of urban parks. Since the late 1990s, the UK governments (The New Labour (1997-2010) and The Conservative Government (2010-2019)), have often adopted community-led governance schemes to enhance the quality of parks and address problems derived from the financial crisis. Accordingly, community groups, notably 'Friends of', enlarged their involvement in the decision-making process of park management. However, there is little empirical evidence concerning the impact of community-led governance on park management, in particular, the effect on the users' perceptions of park use. This study explored the context of community-led park management to reclassify the level of build-up of governance underlined by 'A Ladder of Citizen Participation'. In addition, questionnaire surveys were conducted around two Sheffield district parks, which are located in deprived areas. As a result, community involvement in the status quo of UK urban park management has changed its form of governance based on the extent of involvement in the decision-making process. The forms of governance could be categorised in three levels: general, active, and predominant governance, where the extents of decision-making and sharing responsibility vary. The results obtained through the questionnaires show that one park (active governance), which has a stronger tendency of sharing responsibility to get involved in park management, had better contribution to park management and positive impacts on users' satisfaction than the other park (general governance). The findings highlight that stronger governance in partnerships with the non-public sectors can shed light on current and future park management through a shift in sharing responsibility for park management.

• The korean journal of orthodontics
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• v.33 no.2 s.97
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• pp.103-111
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• 2003

The Purpose of this study was to evaluate the effect of occlusion on the mechanical strength of periodontal fibers during retention periods after experimental tooth movement. In the Sprague-Dawley male rats weighing 200g or more, the ntraoral elastics were inserted into the both right and left interproximal space between upper first and second molars for tooth movement. kiter 4 days later, the left lower first, second, and third molars were extracted for differentiating the non-occlusal side from the occlusal side in the same mouth. At the same time the elastics were removed and then light cured resin was Placed in the space between upper first and second molars following undercut was made for retention bilaterally. From the beginning of retention, 7 rats were sacrificed at 0, 4, 8, 12, 16, 20 days respectively. For evaluating of magnitude on the mechanical strength of periodontal tissue, the maximal shear load of the upper first molars were measured bilateraly during extraction using Instron Universal Testing Machine. The results of this study were obtained as follows : 1. In the occlusal side, the maximal shear load was increased from no retention to retention 20 days group as time was going and statistically difference was shown from retention 12 days group (p<0.05). 2. In the non-occlusal side, the maximal shear load was increased slightly from no retention to 20 days group as time was going but there was no statistically difference (p>0.05). 3. The result compared with the maximal shear load between occlusal and nonocclusal side showed no statistically difference until retention 8 day group (p>0.05), but showed statistically difference from retention 12 day to 20day group (P<0.05). These results show that occlusion had an effect on mechanical strength of the periodontal fibers during retention periods after experimental tooth movement; therefore, it is suggested that occlusion should be considered while the retainer types and retention period are planned.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.249-277
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• 2015

Regulation (EC) No 261/2004 ("Regulation") is a common rule on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In some recent cases of European nations, passengers sued the air carrier in order to obtain monetary compensation under Article 7(1) of the Regulation. Some courts dismissed the actions on the grounds that, unlike denied boarding or cancellation of the flight, the Regulation provides no compensation in relation to delayed flights. However, Court of Justice of the European Union(CJEU) ruled that Regulation 261/2004 must be interpreted to mean that passengers whose flights are delayed have a right to compensation in cases when the loss of time is equivalent to, or is in excess of three hours - where the passengers eventually reached their final destination three hours or more later than the originally scheduled arrival time. It is true that a strict interpretation of the regulation would suggest that passengers whose flight has merely been delayed are not entitled to compensation. They should only be offered assistance in accordance with the Articles 6 and 9. Nevertheless, the Court recognized the same right to the same compensation for passengers of flights delayed by more than three hours as that explicitly provided for passengers of cancelled flights. On the one hand, the Court bases this ruling on the recitals of the Regulation, in which the legislature links the question of compensation to that of a long delay, while indicating that the Regulations seek to ensure a high level of protection for passengers regardless of whether they are denied boarding or their flight is cancelled or delayed. On the other hand, the Court interprets the relevant provisions of the Regulation in light of the general principle of equal treatment. Furthermore, the Court delivered a ruling that the loss of time inherent in a flight delay, which constitutes an inconvenience within the intention of Regulation No 261/2004 and which cannot be categorized as 'damage occasioned by delay' within the meaning of Article 19 of the Montreal Convention, cannot come within the scope of Article 29 of that convention. Consequently, under this view, the obligation under Regulation No 261/2004 intended to compensate passengers whose flights are subject to a long delay is in line with Article 29 of the Montreal Convention. Although the above interpretation of the Court can be a analogical interpretation, the progressive attitude of the Regulation and the view of Court forward to protect passengers' interest is a leading role in the area of international air passenger transportation. Hopefully, after the model of the positive support in Europe, Korea can establish a concrete rule for protecting passengers' right and interest.