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

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aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated.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

• Journal of the Economic Geographical Society of Korea
• /
• v.10 no.1
• /
• pp.44-63
• /
• 2007

The purpose of this study is to propose mining processes in the large trip-transaction database of the Metropolitan Seoul area and to analyze the spatial characteristics of travel behavior. For the purpose. this study introduces a mining algorithm developed for exploring trip patterns from the large trip-transaction database produced every day by transit users in the Metropolitan Seoul area. The algorithm computes trip chains of transit users by using the bus routes and a graph of the subway stops in the Seoul subway network. We explore the transfer frequency of the transit users in their trip chains in a day transaction database of three different years. We find the number of transit users who transfer to other bus or subway is increasing yearly. From the trip chains of the large trip-transaction database, trip patterns are mined to analyze how transit users travel in the public transportation system. The mining algorithm is a kind of level-wise approaches to find frequent trip patterns. The resulting frequent patterns are illustrated to show top-ranked subway stations and bus stops in their supports. From the outputs, we explore the travel patterns of three different time zones in a day. We obtain sufficient differences in the spatial structures in the travel patterns of origin and destination depending on time zones. In order to examine the changes in the travel patterns along time, we apply the algorithm to one day data per year since 2004. The results are visualized by utilizing GIS, and then the spatial characteristics of travel patterns are analyzed. The spatial distribution of trip origins and destinations shows the sharp distinction among time zones.

• Journal of the Korean Association of Geographic Information Studies
• /
• v.23 no.3
• /
• pp.1-11
• /
• 2020

The purpose of this study is to conduct an analysis for classification of unexecuted urban planning facilities using the Geographic Information System(GIS) to prepare measures for systematic and efficient management of unexecuted urban planning facilities and to find ways to establish national territory information for continuous management and operation by database of spatial data of classified unexecuted urban planning facilities. For this purpose, the present state of urban management plan, thematic map, cadastral map, satellite image of Korea Land Information System(KLIS) were collected from Miryang City, and qualitative analysis of the execution and non-execution of urban planning facilities was conducted by combining the layer of urban planning facilities, satellite images, and continuous cadastral layers of cadastral maps with classified and processed owner attribute information. According to the analysis, the unexecuted facilities were derived as unexecuted facilities, as most of the private land, without any current status roads or facilities created in satellite imagery. In addition, although the current status road was opened, the facilities that included some private land were derived as facilities that were recognized and executed by the local government as the de facto controlling entity through public transportation. The derived unexecuted urban planning facilities were divided into layers of shape data and the unexecuted property data were organized to quickly and accurately identify the status of non-executed and statistical information. In this study, we proposed an analysis plan that introduced GIS technology for scientific and rational analysis of unexecuted urban planning facilities and the establishment of reliable spatial data, and proposed a plan to establish a database for connection with existing systems and use of information.

• Journal of the Korean earth science society
• /
• v.34 no.3
• /
• pp.235-248
• /
• 2013

The purpose of this study is to investigate a feasibility of a small mountain as a field work site on geological features in Earth sciences classes at all levels. Mt. Geumdang with the height of 305 meters from the sea level is located in the metropolitan city of Gwangju, southern part of Korea. The study reviews the human and natural geography, geological features, geomorphic resources, landscapes, and conveniences of the mountain for a possibility of meaningful field work. The population within the distance of 5 km from the mountain stands at about 620,000 and 170,000 of them are students and teachers. Mt. Geumdang has a warm temperature climate with low rainfall throughout the year, so it seems suitable for a field survey. Road network and public transportation system around the area are well-developed and easily accessible. Mt. Geumdang shows various rock type and geological structures. The basement rock is Gwangju granite, which is plutonic body of the Jurassic period. Also, granophyre (micrographic granite) and various volcanic rocks distributed as bedded tuff, lapilli tuff, and rhyolite of the Cretaceous period. Many andesitic and felsic dykes were intruded into the rock by joint system. In Mt. Geumdang, many geomorphic resources are found such as U shaped mountain, joint, fault, lamination, gnamma, tor, cliff, groove, block stream and block field, regolith, and saprolite. It has a beautiful mountain scenery including the view of whole shape of Mt. Mudeung, panoramic view of the town, Pungam lake, World Cup stadium and sunrise and sunset. Furthermore, the area has ecologic study facilities related to geology, emergency medical and convenience facilities for field works. In conclusion, Mt. Geumdang is highly feasible for geological field studies at all levels.

• Journal of agricultural medicine and community health
• /
• v.22 no.2
• /
• pp.277-293
• /
• 1997

This study was conducted to provide basic materials required to enforce and develop welfare policies, as well as the health system, for the aged, by surveying the status of health care utilized by the daily increasing old population and the importance of receiving physical therapy. Data that need in this research was gathered from over ages of 65, during the period from Jan 4, 1996 to Jan 31, using the inquiries previously made by geriatric researchers and through literatures investigator by this writer. The data were analyzed by $X^2$, Z-test, Likert scale. The findings were as follows : 1) General characteristics of subjects. People in the age group between 65 and 69 were 55.6% and the highest number, while male were 37% and female 63%. Analysis of income group disclosed 60.6% whose monthly income, including the pocket money given by children, was less than 200,000 won. 91.1% of the elderly people surveyed owned houses; only 36.4% live with spouses; while 15.6% live alone. 2) Characteristics with respect to utilization of health care institution. 56% of the total medical institutions used by the elderly people were clinics and the rates of chronic disease and musculoskeletal disease were 73.2%. 3) Characteristics with respect to approach of health care institution. 45.1% of the respondent stated it took 20 minutes to arrive at hospital, and bus accounted for 48.6% of all transportation means used to go to hospital. 4) Degree of cognition with respect to the rights of geriatric patients. (1) There is no financial support from the government for geriatric patients(71.4%). (2) Government financial support is needed for geriatric patients(95.3%). (3) Have never been regionally surveyed or called upon for interviews with respect to treatment desire and problems relating to geriatric patients(87.2%). (4) Health and medical policies for geriatric patients must be established rapidly(98.4). (5) Expansion and construction of specialized medical facilities for geriatric patients such as elderly hospital and medical center are needed(90.2%). (6) Government's welfare policies for the elderly people is insufficient(82.0%) 5) Degree of cognition on importance of physical therapy with respect to geriatric patient. (1) Physical therapy is considered most effective in treating geriatric patients(82.9%). (2) Physical therapists specializing in only elderly people must be need of separately(76.2%). (3) It is desirable for medical specialists to visit geriatric patients at home to provide physical therapy(82.9%). (4) Hospitals specializing in physical therapy for geriatric patient are required(85.6%). Based on the result for this research, the following suggestions are presented to facilitate the utilization of health care institution for the welfare of geriatric patients. Medical facilities such as elderly hospital and geriatric patient's medical center specializing in elderly people must be constructed as early as possible; and home-visiting physical therapist system must be important to treat chronic geriatric patients; our government must establish policies to provide the old ages with means for the health care and curing chronic diseases, and carry out the plans of reasonable distribution and effective untilization of medical resources.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
• /
• v.24 no.2
• /
• pp.227-234
• /
• 2006

Ministry of construction & transportation is operating for the soil and rock information system and is considered to accurate application of soil conversion factor that is essentially necessary for accurate calculation of earth volume. Since the balance of cutting earth in public work, the plan of spoil bank or borrow pit are directly related to construction costs, accurate calculation of earth volume and efficient scheme of haul are important. As such, this study has provided methods that can acquire information that is more rapid, applicable to job sites, and trustworthy by comparing resultant values of photogrammetry, laser scanning, or inside job site experimentations, and calculated soil conversion factor by applying photogrammetry and laser scanning methods for hard rock that has difficulty in calculating soil conversion factor. The study can provide alternatives that can resolve the problems of unbalanced earth volume that may arise in applying to plans the earth conversion factor that relies on planning books and experience without considering the characteristics of job site earth, and can establish its relevancy by calculating soil conversion factor for hard rock that has relative difficulties in doing inside or job site testing.

• Journal of Distribution Science
• /
• v.6 no.1
• /
• pp.47-62
• /
• 2008

Joining the WTO in 2001, China became a number of the global economic system. China succeeded in vying to host Beijing 2008 Olympic Games and World Expo 2010 Shanghai. It is China's honor and opportunity to have high economic growth in the coming future. In 2007, the total cost of public logistics decreased by 18.2% than 2006 to 4540.6 billion RMB, accounting for 18.4% of the GDP. So, China logistics is a huge industry and a growing market full of charm. The statistic ratios of China's logistics and growth trends show us it is an important issue to build and run an effective logistics system. However, research on China's logistics systems and supply chain is lacked. This study is focus on the logistic location strategy in China including the study of factories and warehouses geographic strategy concerned with SCM. The core of this study is to propose a New Multi-Facilities Location Decision Model. This study banded the revised gravity center, the standard single facility location decision model(Gravity Center Model) and the transportation model into a new Multi-Facilities Location Decision Model. In addition, this study suggested the gravity center of population, the gravity center of each industry, the location decision graded-list of each industry of china using the gravity center model and the revised gravity center model. The new Multi-Facilities Location Decision Model proposed in this study can be used to solve the location decision problem of more than two facilities. And it can be used in the fields such as the location decision of production facility and service facility, the location of distribution and logistics, the location of broadcast and satellite communications, the location of wireless communication tower and so on.

• The Korean Journal of Air & Space Law and Policy
• /
• v.33 no.2
• /
• pp.115-168
• /
• 2018

An amendment to Japanese Civil Aeronautics Act came into effect December 10, 2015. The Act prohibits flying drones over residential areas or areas surrounding an airport without permission from the Minister of Land, Infrastructure and Transportation. Flying drones during night time and during an event is also prohibited. The term "UAV" or "UA" means any aeroplane, rotorcraft, glider or airship which cannot accommodate any person on board and can be remotely or automatically piloted (Excluding those lighter than a certain weight (200 grams). Any person who intends to operate a UAV is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of UAVs in the daytime, (ii) Operation of UAVs within Visual Line of Sight (VLOS), (iii) Maintenance of a certain operating distance between UAVs and persons or properties on the ground/water surface, (iv) Do not operate UAVs over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by UAV, (vi) Do not drop any objects from UAVs. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes some issues as to regulations of UAVs in Korean Aviation Safety Act by comparing the regulations of UAVs in Japanese Civil Aeronautics Act. This paper, also, offers some implications and suggestions for regulations of UAVs under Korean Aviation Safety Act.

• The Journal of The Korea Institute of Intelligent Transport Systems
• /
• v.18 no.5
• /
• pp.64-78
• /
• 2019

This paper explores key factors affecting taxi travel using global positioning system(GPS) data in Seoul, Korea, considering spatial dependence. We first analyzed the travel characteristics of taxis such as average travel time, average travel distance, and spatial distribution of taxi trips according to the time of the day and the day of the week. As a result, it is found that the most taxi trips were generated during the morning peak time (8 a.m. to 9 a.m.) and after the midnight (until 1 a.m.) on weekdays. The average travel distance and travel time for taxi trips were 5.9 km and 13 minutes, respectively. This implies that taxis are mainly used for short-distance travel and as an alternative to public transit after midnight in a large city. In addition, we identified that taxi trips were spatially correlated at the traffic analysis zone(TAZ) level through the Moran's I test. Thus, spatial regression models (spatial-lagged and spatial-error models) for taxi trips were developed, accounting for socio-demographics (such as the number of households, the number of elderly people, female ratio to the total population, and the number of vehicles), transportation services (such as the number of subway stations and bus stops), and land-use characteristics (such as population density, employment density, and residential areas) as explanatory variables. The model results indicate that these variables are significantly associated with taxi trips.

• KSCE Journal of Civil and Environmental Engineering Research
• /
• v.30 no.6D
• /
• pp.569-575
• /
• 2010

The occupancy based O/D is essential for measuring efficiency of various transportation policies like HOV/HOT lane, ramp metering, and public parking station. There has been many studies on occupancy survey methodology and O/D estimation using TCS (Toll Collection System) data separately. The occupancy O/D estimation methodology using TCS data has not been attempted thus far. An overall process from data collection stage to the occupancy O/D estimation stage has been suggested. Field survey was performed at the northbound Seoul toll station of Gyeongbu Expressway by each 2 hours of AM peak, PM non-peak, PM peak, midnight periods on a day. The process of matching the TCS data and field survey data classified by tollbooth ID, car type/mode, and arrival time was also performed. One typical output of the results showed that the ratio of single occupancy vehicles bounding for Seoul during the AM peak amounted to 60%. With the key output of this study and the specific O/D estimation methodology suggested, the whole centroid-to-centroid occupancy O/D of the country could be available, and then various applications in which the occupancy information is required could be possible.