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A Study on Art's Public Features and Social Intervention by Keith Haring (미술의 공공성과 키스 해링(Keith Haring)의 사회적 개입에 관한 연구)

  • Kim, Jee-Young
    • The Journal of Art Theory & Practice
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    • no.8
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    • pp.59-87
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    • 2009
  • This thesis started from the attempt to make it clear that 80's American artist Keith Haring(1958-1990) had conducted social intervention of criticism, resistance, and participation through his works, and so pursued public value. Haring of graffiti fame left popular and familiar cartoon style pictures on the street wall, the billboards, the posters and so on. Popular and playful works was explained as his unique characteristics, but Haring's creative way at the field has more value than just being grasped as artist's personal characteristics. Haring's work pieces became everyday art by joining with people's life, and are working as a social speaking place. So I think that these Haring's art works possess characteristics of 'the public sphere'. 'The Public Sphere' means that is independent and free from the government or partisan economic forces, so that is not connected with the interested relations, and that is the sphere of rational argumentation without 'disguise' or 'fabrication', and that is the sphere where general public can participate in and is inspected by them. The public sphere between the sphere of public authority such a nation and a market and the private sphere of free individual, it is mutually connected with them and works as the space forming public opinion. Private individuals communicate with this public sphere and perform a role of direct and indirect check, balance, and social criticism way off from power. Openness that should include the voice of not only leading power but also the socially weak such as citizens, women, homosexuals, minority races, and so on, and alienated class, is an index of the public characteristics. The public sphere is not working just with speech and mass media. Many artists as well as Haring open their mouth and act through an art at the center of society, and create another public sphere by an art. I understood that the real participatory and practical characteristics on the Haring's work is a phenomenon and current of a part of the art world including Haring. Such current started from 1960s is the in-depth effort to be connected with the life more closely, to communicate with people, and to improve problems of life. And it has pursued public value on the different way from the nation or public power. Artists have intervened in the society with strategic and positive ways in order to raise pushed-out value and sinked rights as the public agenda, and labored to accept the value of variety and difference at the society. The aspect of such social intervention is the notable features, findable on the Haring's works and process. Haring's works include art historical meanings and are expressed with familiar and plastic language, so they were able to communicate with various classes. And he secured various customers at the field and the street. This communicative and public approach factor raised the possibility much for his works to work as the public sphere. Haring presented critical and resistant speech toward society with his works based on this factor. He asserted his position and justice of gender identity as a sexual minority. And his such work continued to movement for alienated class and social week over his own rights. His speech and message on the wall painting, poster, T-shirts, billboard of the subway, and so on worked as a spectacle and pressed concern with social issues and consciousness shift. And he's been trying to protect and care people who is injured by HIV and drug and to realize social justice through social week protection. Haring's works planned to meet many people as much as possible performed its role of intervening in society through criticism, resistance, speech, and participation, and controlling and checking social issues. These things considered, Haring's works show his consciousness about public attributes of art, and obviously include public value seeking. And also we can find the meaning of such his work as that an art is working as the public sphere and shows the possibility to discuss and practice public issues.

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Structural Adjustment of Domestic Firms in the Era of Market Liberalization (시장개방(市場開放)과 국내기업(國內企業)의 구조조정(構造調整))

  • Seong, So-mi
    • KDI Journal of Economic Policy
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    • v.13 no.4
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    • pp.91-116
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    • 1991
  • Market liberalization progressing simultaneously with high and rapidly rising domestic wages has created an adverse business environment for domestic firms. Korean firms are losing their international competitiveness in comparison to firms from LDC(Less Developed Countries) in low-tech industries. In high-tech industries, domestic firms without government protection (which is impossible due to the liberalization policy and the current international status of the Korean economy) are in a disadvantaged position relative to firms from advanced countries. This paper examines the division of roles between the private sector and the government in order to achieve a successful structural adjustment, which has become the impending industrial policy issue caused by high domestic wages, on the one hand, and the opening of domestic markets, on the other. The micro foundation of the economy-wide structural adjustment is actually the restructuring of business portfolios at the firm level. The firm-level business restructuring means that firms in low-value-added businesses or with declining market niches establish new major businesses in higher value-added segments or growing market niches. The adjustment of the business structure at the firm level can only be accomplished by accumulating firm-specific managerial assets necessary to establish a new business structure. This can be done through learning-by-doing in the whole system of management, including research and development, manufacturing, and marketing. Therefore, the voluntary cooperation among the people in the company is essential for making the cost of the learning process lower than that at the competing companies. Hence, firms that attempt to restructure their major businesses need to induce corporate-wide participation through innovations in organization and management, encourage innovative corporate culture, and maintain cooperative labor unions. Policy discussions on structural adjustments usually regard firms as a black box behind a few macro variables. But in reality, firm activities are not flows of materials but relationships among human resources. The growth potential of companies are embodied in the human resources of the firm; the balance of interest among stockholders, managers, and workers of the company' brings the accumulation of the company's core competencies. Therefore, policymakers and economists shoud change their old concept of the firm as a technological black box which produces a marketable commodities. Firms should be regarded as coalitions of interest groups such as stockholders, managers, and workers. Consequently the discussion on the structural adjustment both at the macroeconomic level and the firm level should be based on this new paradigm of understanding firms. The government's role in reducing the cost of structural adjustment and supporting should the creation of new industries emphasize the following: First, government must promote the competition in domestic markets by revising laws related to antitrust policy, bankruptcy, and the promotion of small and medium-sized companies. General consensus on the limitations of government intervention and the merit of deregulation should be sought among policymakers and people in the business world. In the age of internationalization, nation-specific competitive advantages cannot be exclusively in favor of domestic firms. The international competitiveness of a domestic firm derives from the firm-specific core competencies which can be accumulated by internal investment and organization of the firm. Second, government must build up a solid infrastructure of production factors including capital, technology, manpower, and information. Structural adjustment often entails bankruptcies and partial waste of resources. However, it is desirable for the government not to try to sustain marginal businesses, but to support the diversification or restructuring of businesses by assisting in factor creation. Institutional support for venture businesses needs to be improved, especially in the financing system since many investment projects in venture businesses are highly risky, even though they are very promising. The proportion of low-value added production processes and declining industries should be reduced by promoting foreign direct investment and factory automation. Moreover, one cannot over-emphasize the importance of future-oriented labor policies to be based on the new paradigm of understanding firm activities. The old laws and instititutions related to labor unions need to be reformed. Third, government must improve the regimes related to money, banking, and the tax system to change business practices dependent on government protection or undesirable in view of the evolution of the Korean economy as a whole. To prevent rational business decisions from contradicting to the interest of the economy as a whole, government should influence the business environment, not the business itself.

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Examination of the Current Situations of Security Dogs and it's Development Plans (경호탐지견의 운용실태 및 발전방안)

  • Park, Hyung-Kyu;Kim, Doo-Hyun
    • Korean Security Journal
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    • no.14
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    • pp.215-234
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    • 2007
  • Our country security industry 1960's service expense of the beginning U.S. army unit it accomplishes the growth which is quick with start, currently about 2,500 triumph the security enterprises which it goes over are being active. But the majority in these enterprise about lower cotton can a forever characteristic with pressure and the manpower civil official ability insufficient back of faithlessness management and capital power. To sleep with afterwords it presents the security dogs deployment plan for an efficient security together from the research which it sees hereupon and it does. First, it cultivates the domestic mountain progress dog which is a breed which is suitable with the security dogs and the shovel flesh dog back with the security dogs. Specially the Jindo of the breed which is excellent training which is suitable in task of the security dogs it leads and if it uses appropriately, it industrializes our specific the Jindo and protection there is a possibility of getting the effect which falls to also the gist which it rears rightly. It cultivate the second, security dogs and it magnifies training. The security dogs consequently is it will be able to accomplish the task above 2 branches to training method. Namely, after finishing obedience training, it is to be in security activity it will execute guard or detection back special training which is suitable in task and it will be able to commit. Third, it uses the security dogs which is trained rightly in task. The security dogs the adult escorts, facility expense, the explosive and narcotic drug detection, it will be able to use with the other blind man guidance dogs back. The narcotic drug detection dogs which currently is used specially technique intelligence anger, when considering the tendency of the narcotic drug smuggling offense field which becomes diversification that the role very it is important is a possibility of saying at day. It cultivate a fourth, escort relation specialty manpower and it improves the breed of the security dogs. The hazard which cultivate the security dogs use necessary personnel the breed of security dogs, the security dogs training center it opens the security crane relation subject of the college which stands and (university) it improves it establishes and training which is suitable in task it is to do to execute letting in the training map company. Specially, the hazard which improves the breed of security dogs in the progress mind quality which stands against the portion where the breed improvement is demanded as the portion where the internal organs research and investment are necessary sees. The security dogs compares in labor cost and the expense holds few, if it uses the our specific domestic dogs it will be able to use efficiently in the task which is various it solves the multi branch plans for wisly with the security dogs industrial development security of course contemporary history sliced raw fish sees demands compared to being immediacy and the life which is happy business the place where it does it sees it will be able to contribute a lot as.

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Evaluation of Disaster Resilience Scorecard for the UN International Safety City Certification of Incheon Metropolitan City (인천시 UN 국제안전도시 인증을 위한 재난 복원력 스코어카드 평가)

  • Kim, Yong-Moon;Lee, Tae-Shik
    • Journal of Korean Society of Disaster and Security
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    • v.13 no.1
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    • pp.59-75
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    • 2020
  • This study is a case study that applied 'UNDRR's Urban Disaster Resilience Scorecard', an evaluation tool necessary for Incheon Metropolitan City to be certified as an international safe city. I would like to present an example that the results derived from this scorecard contributed to the Incheon Metropolitan City Disaster Reduction Plan. Of course, the Disaster Resilience Scorecard can't provide a way to improve the resilience of every disaster facing the city. However, it is to find the weakness of the resilience that the city faces, and to propose a solution to reduce the city's disaster risk. This is to help practitioners to recognize the disaster risks that Incheon Metropolitan City faces. In addition, the solution recommended by UNDRR was suggested to provide resilience in areas vulnerable to disasters. It was confirmed that this process can contribute to improving the disaster resilience of Incheon Metropolitan City. UNDRR has been spreading 'Climate Change, Disaster-resistant City Creation Campaign', aka MCR (Making Cities Resilient) Campaign, to cities all over the world since 2010 to reduce global cities' disasters. By applying the disaster relief guidelines adopted by UNDRR, governments, local governments, and neighboring cities are encouraged to collaborate. As a result of this study, Incheon Metropolitan city's UN Urban Resilience Scorecard was evaluated as a strong resilience field by obtaining scores of 4 or more (4.3~5.0) in 5 of 10 essentials; 1. Prepare organization for disaster resilience and prepare for implementation, 4. Strong resilience Urban development and design pursuit, 5. Preservation of natural cushions to enhance the protection provided by natural ecosystems, 9. Ensure effective disaster preparedness and response, 10. Rapid restoration and better reconstruction. On the other hand, in the other five fields, scores of less than 4 (3.20~3.85) were obtained and evaluated as weak resilience field; 2. Analyze, understand and utilize current and future risk scenarios, 3. Strengthen financial capacity for resilience, 6. Strengthen institutional capacity for resilience, 7. Understanding and strengthening social competence for resilience, 8. Strengthen resilience of infrastructure. In addition, through this study, the risk factors faced by Incheon Metropolitan City could be identified by priority, resilience improvement measures to minimize disaster risks, urban safety-based urban development plans, available disaster reduction resources, and integrated disasters. Measures were prepared.

Influence of Accumulated Hours of Low Temperature in Dormant and Changing Temperature after Bud Breaking on Flowering of Main Apple Cultivars in Korea (휴면기 저온 누적 시간 및 발아 후 변온이 국내 주요 사과품종의 개화에 미치는 영향)

  • Kweon, Hun-Joong;Park, Moo-Yong;Song, Yang-Yik;Sagong, Dong-Hoon
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.19 no.4
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    • pp.252-269
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    • 2017
  • This study was carried out to examine the base temperature to flowering and the average days to flowering by accumulated hours of low temperature ($5.0^{\circ}C$) or changing temperature after bud breaking. Over-all, the prediction of flowering time in the commercial apple cultivars ('Fuji' and 'Tsugaru') and apple cultivars ('Chukwang', 'Gamhong', 'Hongan', 'Honggeum', 'Hongro', 'Hongso', 'Hwahong', 'Summer dream', 'Sunhong') bred in Korea at the Gunwi region for 4 years (from 2009 to 2012) was investigated. Also, this study estimated the flowering time when the air temperature of Gunwi region rises at $5.0^{\circ}C$ was investigated using the same data. The range of accumulated hours of low temperature (chilling requirement) was from 0 hour to 1,671 hours, and the range of high temperature (heat requirements) to flowering after low temperature treatment was from $5.0^{\circ}C$ to $29.0^{\circ}C$. The treatments of changing temperature after bud breaking were classified as constant temperature treatment (control) and $5.0{\sim}10.0^{\circ}C$ elevation or descent treatments. The results show that the average days to flowering was longer with shorter accumulated hours of low temperature, and the average days from bud breaking to flowering of 0 hour treatment was longer about 2~4 weeks than that of 1,335~1,503 hours treatments. In comparing to apple cultivars, the all cultivars were not flowered under $10.0^{\circ}C$ after bud breaking, and the cultivars with low chilling requirements needed low heat requirements for flowering. The average days to flowering of treatments that the air temperature after bud breaking was controlled about $15.0^{\circ}C$ was shorter about 1~3 weeks than that of treatments was controlled about $10.0^{\circ}C$. In the treatment of changing temperature after bud breaking, the average days from bud breaking to flowering of temperature elevation treatment was shorter than that of constant temperature treatment. By use of these results, the base temperature to flowering of main apple cultivars in Korea was seemed to $10.0^{\circ}C$, and if the air temperature of Gunwi region rises about $5.0^{\circ}C$ than that of current, the flowering time was estimated to be delayed by 1 week.

The Current Status and Prospect of Presidential Records Management (대통령기록관리의 현황과 전망)

  • Zoh, Young-Sam
    • The Korean Journal of Archival Studies
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    • no.21
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    • pp.283-322
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    • 2009
  • Legislation and enforcement of the Presidential Records Management Law was an important turning point in Korean archival management history. In the past, the notion of presidential records was vague. The law was a starting point of establishing presidential records management. The Presidential Records Management Law provides the definition of presidential records and its scope, and establishes the protection of presidential records through restricted access to the records. The key to the law is to enable a president freely to produce records and transfer them to the next administration without omission. In other words, it aims to stop the practice that presidential records are produced but never be left. But, 'disputes over the release of presidential records' and the disclosing of access-restricted presidential records presented a crisis to national records management as well as the prospect of presidential records management, even if they were 'legal procedures.' The instability of presidential records management could give a serious impact on the national records management and its operation. Amid this situation, it is required to review the presidential records management system and provide recommendations for improvement, even if the enforcement of law has just started. The most urgent things in improving presidential records management are to secure its independence, specialty, and to complement restricted access to presidential records. For securing independency, presidential records management should be done by a separate organization other than the National Archives of Korea while for promoting specialty, a newly established organization could serve as a professional archive. And for complementing restricted access to the presidential records, the access should be more limited. In other words, more discretion is needed in permitting access. And more specific regulations should be applied to the permitted records. However, these regulatory actions may not have effects unless independency is not secured. Thus, more fundamentally, independency of the National Archives of Korea should be first established.

A Study on the System of Private Investigation

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.1
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    • pp.167-174
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    • 2022
  • Since the Promotion Committee was established on March 25, 2021, urging the enactment of the Detective Business Act, many opinions and attention from all walks of life have been gathered. The Detective Business system, which is also one of the presidential pledges of the current 19th President Moon Jae In, is expected to be significant in that it can promote the development of a welfare state as well as efficient parts such as meeting the demand for security reinforcement services, improving the judicial system, and enhancing internationalization. In accordance with the consensus of the nine judges of the Constitutional Court that the lower part of Article 40 of the "Act on the Use and Protection of Credit Information" which prohibits the use of similar names such as investigating the general life of certain people does not violate the Constitution, detective work became possible regardless of the general life investigation. In particular, the detective job officially appeared on August 5, 2020, and it will be able to provide effective work services to the public by competing with prosecutors, police, and lawyers who have occupied exclusive positions in the field of a criminal investigations. However, although the role of detectives is gradually expanding and society is rapidly changing, illegal activities are prevalent throughout society, and more than 1,600 companies are currently operating suspiciously using the only name of "detectives", but the police are virtually letting go of the situation saying that they are "unauthorized.", and the damage is only going to the people, so at this point, the most worrisome thing is the absence of the law. Meanwhile, amid concerns over institutions overseeing illegal activities caused by the emergence of the detective industry, private security and detectives are similar to each other as in the United States, and it is expected to be able to gain public trust by entrusting the police in charge of managing and supervising private security companies. Therefore, at this time when most OECD countries except Korea legislate the Detective Business Act, prematurely allowing only the detective industry without enacting industry-related laws and systems can further fuel social confusion and hinder the detective industry along with the new fourth industry.

Significance and Limitation of the Guiding Principles for the Preparation of Nominations Concerning Sites of Memory Associated with Recent Conflicts (최근 갈등과 관련된 기억유산의 등재 준비를 위한 지침원칙의 의의와 한계)

  • HEO Sujin
    • Korean Journal of Heritage: History & Science
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    • v.57 no.3
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    • pp.162-182
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    • 2024
  • Since the adoption of the World Heritage Convention, sites associated with dark histories have been inscribed as World Heritage sites over the past fifty years. However, in 2018, the review of nomination dossiers for these sites was temporarily suspended to prevent additional discomfort or the conflicts these inscriptions might cause. Despite concerns raised by experts about nominations of these sites, the increasing demands from State Parties led to the adoption of the Guiding Principles for the Preparation of Nominations Concerning Sites of Memory Associated with Recent Conflicts. These Guiding Principles have made it possible to inscribe such sites as World Heritage sites. The Guiding Principles play a crucial role in outlining the nature and criteria for inscription, the components required in the nomination dossier, and mechanisms for notifying a contestation in cases of differing interpretations of the site. Their primary aim is to minimize further conflicts that may arise from the inscription of sites of memory. They affirm that such sites can contribute to achieving the objectives of the World Heritage Convention and represent a significant step in addressing heritage interpretation in the World Heritage system. The amendment of the Operational Guidelines to incorporate a contestation mechanism has arguably established a more transparent and open inscription process. However, the Guiding Principles also have limitations. Among the ten criteria set by the World Heritage Convention, sites related to conflicts or dark histories can use Criterion (vi). This criterion focuses on the site's outstanding universal value linked to historical events or associations, regardless of physical evidence. If a State Party chooses not to use Criterion (vi), the application of the Guiding Principles cannot be expected. Furthermore, while the Guiding Principles require a heritage interpretation strategy in the nomination dossier, the lack of detailed guidance may confuse nominating countries. Sites of memory associated with recent conflicts are not just places that need protection and remembrance due to their association with dark histories. They have also evolved to become spaces for reconciliation and healing. The inscription of these sites as World Heritage sites is not just a recognition of their historical significance, but also a platform for discussing the impact of past conflicts on modern society. It opens up a dialogue on how current generations can address these issues. With the adoption of the Guiding Principles, we hope that inscribed sites will not only promote reconciliation and healing but also serve as a starting point for addressing present and future challenges.

Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • 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.

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