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Can Lufthansa Successfully Limit its Liability to the Families of the Victims of Germanwings flight 9525 Under the Montreal Convention?

  • Gipson, Ronnie R. Jr.
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.279-310
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    • 2015
  • The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

Insurance system for legal settlement of drone accidents (드론사고의 법적 구제에 관한 보험제도)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • 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.

A Study on the Micro Discourse about Urban Parks in Blogs - In the Case of the Seoul Forest - (블로그(Blog)에 나타난 도시공원 미시담론 - 서울숲을 대상으로 -)

  • Lee, Jaei;Sung, Jong-Sang
    • Journal of the Korean Institute of Landscape Architecture
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    • v.43 no.1
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    • pp.29-39
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    • 2015
  • This study has attempted to determine the micro-discourse from blogs as personal media that reflect citizens' actual opinions of the Seoul Forest without intervention of experts. Furthermore, a qualitative research method discourse analysis was selected to analyze the micro-discourse regarding the Seoul Forest in a time series. The extracted samples of blogs by year were intended to identify the comment section of the process of change and the discursive structure. The results are as follows; first, from the beginning of the development of the Seoul Forest to the present, it is divided into four chronological periods along with individuals' micro-discourse with social changes. During the beginning of the development of the Seoul Forest, the social discourse was formed, and in the next period, the micro-discourse was developed with a more emotional and complex discourse. In the formative period, four or five years later, the discourse reflected the civic consciousness of development more than ever, showing the diversity of participation in the program at the Seoul Forest. In the growth period, as the users' experiences had been accumulated, the users started writing about the role of the Seoul Forest in their own words. This can also be called place discourse. From the individuals' micro-discourse, this study shows the discourse structure of how individuals think about the Seoul Forest in each period. Unlike the experts, the micro-discourse contains specific daily interactions, experiences, and the stories of individuals who actually use the parks. It also shows how users reproduce and understand the space. In this respect, this is the most significant finding of this study. Based on this research, this study has demonstrated that the emotional description of a place that actually functions as a discourse about city parks, and confirms that blogs could be used as a space to form discourse and as a research tool to read the trends. In accordance with these results, this study has described not only the discourse of experts, but also how the discourse of individuals' comments can be an important part of the discourse of modern urban parks.

Korean Word Sense Disambiguation using Dictionary and Corpus (사전과 말뭉치를 이용한 한국어 단어 중의성 해소)

  • Jeong, Hanjo;Park, Byeonghwa
    • Journal of Intelligence and Information Systems
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    • v.21 no.1
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    • pp.1-13
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    • 2015
  • As opinion mining in big data applications has been highlighted, a lot of research on unstructured data has made. Lots of social media on the Internet generate unstructured or semi-structured data every second and they are often made by natural or human languages we use in daily life. Many words in human languages have multiple meanings or senses. In this result, it is very difficult for computers to extract useful information from these datasets. Traditional web search engines are usually based on keyword search, resulting in incorrect search results which are far from users' intentions. Even though a lot of progress in enhancing the performance of search engines has made over the last years in order to provide users with appropriate results, there is still so much to improve it. Word sense disambiguation can play a very important role in dealing with natural language processing and is considered as one of the most difficult problems in this area. Major approaches to word sense disambiguation can be classified as knowledge-base, supervised corpus-based, and unsupervised corpus-based approaches. This paper presents a method which automatically generates a corpus for word sense disambiguation by taking advantage of examples in existing dictionaries and avoids expensive sense tagging processes. It experiments the effectiveness of the method based on Naïve Bayes Model, which is one of supervised learning algorithms, by using Korean standard unabridged dictionary and Sejong Corpus. Korean standard unabridged dictionary has approximately 57,000 sentences. Sejong Corpus has about 790,000 sentences tagged with part-of-speech and senses all together. For the experiment of this study, Korean standard unabridged dictionary and Sejong Corpus were experimented as a combination and separate entities using cross validation. Only nouns, target subjects in word sense disambiguation, were selected. 93,522 word senses among 265,655 nouns and 56,914 sentences from related proverbs and examples were additionally combined in the corpus. Sejong Corpus was easily merged with Korean standard unabridged dictionary because Sejong Corpus was tagged based on sense indices defined by Korean standard unabridged dictionary. Sense vectors were formed after the merged corpus was created. Terms used in creating sense vectors were added in the named entity dictionary of Korean morphological analyzer. By using the extended named entity dictionary, term vectors were extracted from the input sentences and then term vectors for the sentences were created. Given the extracted term vector and the sense vector model made during the pre-processing stage, the sense-tagged terms were determined by the vector space model based word sense disambiguation. In addition, this study shows the effectiveness of merged corpus from examples in Korean standard unabridged dictionary and Sejong Corpus. The experiment shows the better results in precision and recall are found with the merged corpus. This study suggests it can practically enhance the performance of internet search engines and help us to understand more accurate meaning of a sentence in natural language processing pertinent to search engines, opinion mining, and text mining. Naïve Bayes classifier used in this study represents a supervised learning algorithm and uses Bayes theorem. Naïve Bayes classifier has an assumption that all senses are independent. Even though the assumption of Naïve Bayes classifier is not realistic and ignores the correlation between attributes, Naïve Bayes classifier is widely used because of its simplicity and in practice it is known to be very effective in many applications such as text classification and medical diagnosis. However, further research need to be carried out to consider all possible combinations and/or partial combinations of all senses in a sentence. Also, the effectiveness of word sense disambiguation may be improved if rhetorical structures or morphological dependencies between words are analyzed through syntactic analysis.

Application of Biofilter for the Removal of VOCs Produced in the Remediation of Oil-Contaminated Soil (유류오염 토양의 복원과정에서 발생되는 휘발성 유기화합물의 제거를 위한 바이오필터의 적용)

  • Lee Eun Young;Choi Woo-Zin;Choi Jin-Kyu
    • Journal of Soil and Groundwater Environment
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    • v.10 no.1
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    • pp.35-42
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    • 2005
  • This research was investigated the applicability of the biofiltration technology for the removal of volatile organic carbons (VOCs) produced from the bioremediation of oil contaminated soil. Diesel was used as surrogate for oil and, two types of biofilter systems made of ceramic and polymer media were compared for the removal efficiencies of diesel VOCs at different inlet concentrations and space velocity (SV) conditions. During the first 30-d operation, the removal efficiencies of the biofilter packed with polymer and the biofilter packed with ceramic were investigated at constant SV of $153\;h^{-1}$ When inlet concentrations of diesel VOCs were below 10 ppmv, the average removal efficiencies of the polymer biofilter and the ceramic biofilter were average $67\%\;and\;75\%$, respectively. When the inlet concentration increased to 30 ppmv, the VOC removal efficiency in the polymer biofilter was $80\%$, while the average removal efficiency in the ceramic biofilter was $60\%. Effect of the inlet concentration and SV on the removal efficiency of total diesel VOCs was investigated. As SV increased from $153\;h^{-1}$ to $204\;h^{-1}$ and $306\;h^{-1}$, the removal efficiency of total diesel VOCs was decreased gradually. The average removal efficiency of the biofilter packed with polymer carrier was decreased from $82\%\;to\;80\%\;and\;77\%$. The biofilter packed with polymer carrier showed that the removal efficiency of benzene and toluene were maintained within the range of $81\%\~86\%$. In contrast, for the biofilter packed with ceramic carrier, when SV increased from $153\;h^{-1}$ to $204\;h^{-1}$ and $306\;h^{-1}$, the removal efficiency of benzene decreased from $87\%\;to79\%\;and\;74\% . respectively. The removal efficiency of toluene decreased from $80\%\;to\;77\%\;and\;76\%$ at SV of $153\;h^{-1},\;204\;h^{-1}\;and\;306\;h^{-1}$, and $306\;h^{-1}$, respectively.

Big Five Personality in Discriminating the Groups by the Level of Social Sims (심리학적 도구 '5요인 성격 특성'에 의한 소셜 게임 연구: <심즈 소셜> 게임의 분석사례를 중심으로)

  • Lee, Dong-Yeop
    • Cartoon and Animation Studies
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    • s.29
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    • pp.129-149
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    • 2012
  • The purpose of this study was to investigate the clustering and Big Five Personality domains in discriminating groups by level of school-related adjustment, as experienced by Social Sims game users. Social Games are based on web that has simple rules to play in fictional time and space background. This paper is to analyze the relationships between social networks and user behaviors through the social games . In general, characteristics of social games are simple, fun and easy to play, popular to the public, and based on personal connections in reality. These features of social games make themselves different from video games with one player or MMORPG with many unspecific players. Especially Social Game show a noticeable characteristic related to social learning. The object of this research is to provide a possibility that game that its social perspective can be strengthened in social game environment and analyze whether it actually influences on problem solving of real life problems, therefore suggesting its direction of alternative play means and positive simulation game. Data was collected by administering 4 questionnaires (the short version of BFI, Satisfaction with life, Career Decision-.Making Self-.Efficacy, Depression) to the participants who were 20 people in Seoul and Daejeon. For the purposes of the data analysis, both Stepwise Discriminant analysis and Cluster analysis was employed. Neuroticism, Openness, Conscientiousness within the Big Five Personality domains were seen to be significant variables when it came to discriminating the groups. These findings indicated that the short version of the BFI may be useful in understanding for game user behaviors When it comes to cultural research, digital game takes up a significant role. We can see that from the fact that game, which has only been considered as a leisure activity or commercial means, is being actively research for its methodological, social role and function. Among digital game's several meanings, one of the most noticeable ones is the research on its critical, social participating function. According to Jame Paul gee, the most important merit of game is 'projected identity'. This means that experiences from various perspectives is possible.[1] In his recent autobiography , he described gamer as an active problem solver. In addition, Gonzalo Francesca also suggested an alternative game developing method through 'game that conveys critical messages by strengthening critical reasons'. [2] They all provided evidences showing game can be a strong academic tool. Not only does a genre called social game exist in the field of media and Social Network Game, but there are also some efforts to positively evaluate its value Through these kinds of researches, we can study how game can give positive influence along with the change in its general perception, which would eventually lead to spreading healthy game culture and enabling fresh life experience. This would better bring out the educative side of the game and become a social communicative tool. The object of this game is to provide a possibility that the social aspect can be strengthened within the game environment and analyze whether it actually influences the problem solving of real life problems. Therefore suggesting it's direction of alternative play means positive game simulation.

Application of Earthworm Casting-derived Biofilter Media for Hydrogen Sulfide Removal (지렁이 분변토를 이용한 생물담체가 충전된 바이오필터에 의한 황화수소 제거)

  • Yoo, Sun-Kyoung;Lee, Eun-Young
    • Journal of Korean Society of Environmental Engineers
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    • v.29 no.7
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    • pp.820-825
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    • 2007
  • Earthworm casting was the natural fertilizer that contained high concentrations of nutrients such as nitrogen, phosphate and potassium and of over $10^8$ CFU/ml of microorganisms. Greater than 80% of feed was excreted through the fermentation by the intestinal enzyme, after worm had eaten feeds such as fallen leaves and rotten roots under the ground. Also, the soil structure of casting was known to be very efficient in the aspects of the porosity, the water permeability, and deodorizing activities. In this research, the biofilter packed with a biomedia made of casting and waste polyurethane foam, a binder, which helped to improve the durability and perpetuity of casting, was investigated to degrade malodorous hydrogen sulfide gas. The biomedia had no need of extra supply of nutrients and of microbial inoculations. On the beginning of the operations, it showed 100% removal of hydrogen sulfide gas without lag phase. At SV of 50 $h^{-1}$, hydrogen sulfide gas from the outlet of the biofilter was not detected, when inlet concentration increased to 450 ppmv. After that, removal efficiency decreased as increasing inlet hydrogen sulfide concentration. Hydrogen sulfide removal was maintained at almost 93% until inlet concentration was increased up to 950 ppmv, at which the elimination capacity of $H_2S$ was 61.2 g $S{\cdot}m^{-3}{\cdot}h^{-1}$. Maximum elimination capacity guaranteing 90% removal was 61.2, 65.9, 84.7, 89.4 g $S{\cdot}m^{-3}{\cdot}h^{-1}$ at SV ranging from 50 $h^{-1}$ to 300 $h^{-1}$, but was 59.3 g $S{\cdot}m^{-3}{\cdot}h^{-1}$ at SV of 400 $h^{-1}$. The results calculated from Michaelis-Menten equation revealed that $V_m$ increased from 66.04, 88.96, 117.35, 224.15, to 227.54 g $S{\cdot}m^{-3}{\cdot}h^{-1}$ with increasing space velocity in the range of 50 $h^{-1}$ to 400 $h^{-1}$. However, saturation constant$(K_s)$ decreased from 79.97 ppmv to 64.95 and 65.37 ppmv, and then increased to 127.72 and 157.43 ppmv.

The Internal Representations of (1973) as seen through Walter Benjamin's Dialectical Images (프랭크 무리스의 콜라주 애니메이션 <프랭크 필름>(1973)에 나타난 내적 표현 : 발터 벤야민의 변증법적 이미지를 중심으로)

  • Kim, Young-Ok;Moon, Jae-Cheol
    • Cartoon and Animation Studies
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    • s.38
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    • pp.53-70
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    • 2015
  • In industrialized societies throughout the 19th and 20th centuries, Over Produced and Mass consumption images were constantly shown to people via Mass-Media as means to provoke one's desire. Frank Mouris, the American independent animator, captured and showed the infinite nesting of industrialized image with his autobiographical story through his work (1973) and made it as an intense visual flow. This innovative art animation has broke the traditional form of narrative animation and won the Annecy Animation Festival Grand Prix and the Academy Awards in 1974. This was also selected for preservation in the United States National Film Registry by the Library of Congress as being culturally, historically, or aesthetically significant in 1996. This study explores and shows that how these a-half million images to express Franks Mouris's autobiographical story in could be analyzed by the concept of Walter Benjamin's 'dialectical images'. Typically, the term 'dialectic' need to be formed by contradiction or opposite concept in the basic principles, but a dialectical image of Benjamin could be formed without any opposite concept while maintaining the uniqueness of each new relationship of the past. Benjamin's dialectical images are no longer stay in the historical past, It always meets with the present when someone realizes the past in the present moment. I suggest three different aspect according to Benjamin's point of view to analyse this animated film such as 'Historical-dialectical imaging of private/collective memory', 'Reconfiguring of present through analysing the relationship between the image flows and its own time/space', and 'Old future over the existing fragment and the presence of fragment. has the great value not only to present the experimental and innovative aesthetics of animated film, but also to show an analysis of contemporary culture and social aspect in mid-20th century. This study is to explore the diversity of animation representation, aesthetics, and also to suggest a new aspect of animation studies.

The Study on The Cyber Communities of Migrant Workers in Korea (한국 이주 노동자의 '사이버 공동체'에 관한 연구)

  • Lee, Jeong Hyang;Kim, Yeong Kyeong
    • Journal of the Korean association of regional geographers
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    • v.19 no.2
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    • pp.324-339
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    • 2013
  • This study aims to investigate the characteristics of cyber communities composed of migrant workers from communities without propinquity in Korea. Its methods are both qualitative and quantitative. It further seeks to discover the relationship between the social capital formed and reproduced within these cyber communities and participants' cultural adaptation to Korean society. The study revealed that ethnic and non-ethnic communities differed in terms of strength of cohesion, space constraints, and links with the outside world. The former showed characteristics of a localized community type. The main motivations for migrant workers' participation in the ethnic cyber community were communication and friendship rather than cooperation and sharing among members. They usually used cyber communication media to communicate with one another. Conversely, the latter showed characteristics of an integrative type. Despite the difficulties in applying for membership and information provided in Korean, a high percentage of migrant workers participated in the community to obtain crucial information. The results did not show a significant correlation between social capital and migrant workers' traits within the cyber community, while a strong correlation emerged among four factors of social capital: faith, norms, networking, and political participation. The study showed that social capital in the cyber community was in direct proportion to an integrative type of cultural adaptation to Korean society. In particular, there was a strong connection between the cultural adaptation exhibited by members of the migrant subculture and their participation in discussions on political issues and human rights, with some migrants even functioning as agents of social change as participants in citizens' movements. The findings suggest that the cyber community facilitates the migrant subculture's communication with and integration into the indigenous Korean culture. Migrant workers' participation in the cyber community is therefore validated as an instrumental practice for members of this subculture to adapt to Korean society.

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The Study on A Peculiarity of Mise-en-scene Found in Animation :Focused on Russian Animation (애니메이션 미장센 특성 연구 - 러시아 애니메이션을 중심으로)

  • Kim, MiRNaRae;Min, JunIl
    • Cartoon and Animation Studies
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    • s.44
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    • pp.1-31
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    • 2016
  • In this thesis, the movie with mise-en-scene established was compared with the peculiarity of the play that is the etymological source of the term to identify the peculiarity of mise-en-scene which was substituted into animation to find the peculiarity of mise-en-scene in animation. To emphasize the direct connection between the frame's visual peculiarity and the director's opinions, the mise-en-scene of director centered animation created under a restricted environment was reviewed. Mise-en-scene which started from movie critics theory does not simply mean the arrangement of images in a frame. Mise-en-scene emphasizes the exposure of the work's motive by the visual components. The animation's assuming the middle point of environmental share possessed by play and movie when schematizing the genre peculiarity of animation, play and movie was a noteworthy result. It can be said that the cause is that the animation's peculiarity yield different results depending on the making methods; we verified that this is a key factor in the analysis of animation's mise-en-scene. I emphasized that the peculiarity of animation mise-en-scene is in its making method and material and suggested identifying the work's making methods and analyzing the work's aesthetic results derived in this way. The russian animation which was perceived as peripheral arts was relatively free from the burden of censorship while receiving support from the Soviet as a media for propaganda. The russian animation's mise-en-scene which found the material for its works in the country's folklore was metaphorical, focused on new expression forms and achieved experimental elements. Russian animation pursues a unique aesthetic world through space expression based on the forms of opera or ballet and heavy motions formed static inbetweens.