• Title/Summary/Keyword: Rule Space

Search Result 463, Processing Time 0.026 seconds

Evolution of Aviation Safety Regulations to cope with the concept of data-driven rulemaking - Safety Management System & Fatigue Risk Management System

  • Lee, Gun-Young
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.33 no.2
    • /
    • pp.345-366
    • /
    • 2018
  • Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

King Jeongjo's recognition on Neo-Confucian literati and it's historical meaning (정조(正祖)의 사대부(士大夫) 인식(認識)과 그 특징(特徵))

  • Park, Sung-soon
    • (The)Study of the Eastern Classic
    • /
    • no.32
    • /
    • pp.103-128
    • /
    • 2008
  • King Jeongjo had lost his father, Sado-Seja(Prince Sado) by Noron(Older Faction). Especially those who tried to kill Sado-Seja and king Jeongjo consisted of king's family-in-law of king Youngjo and Sado-Seja. Therefore king Jeongjo's first goal was to strengthen his kingship than other things because he could gain the throne overcoming the strong hinderance of Noron and king's family-in-law. King Jeongjo requested his subjects to be "Kukbyon-In"(國邊人: a person for king) pointing out the harm of the king's family-in-law and "Tangpyong-Dang"(蕩平黨: the strongest faction consisted under the rule of king Youngjo). For the purpose, king Jeongjo built up "Gyujang-Gak". Gyujang-Gak was spoken to contain and protect the writings of earlier kings superficially, but in reality, it was an apparatus to gain and train the friendly subjects for king Jeongjo. Like that, it was the most important for king Jeongjo to suppress the king's family-in-low and to win Neo-Confucian lterati over to himself's side. Until now, the politics of Joseon Dynasty had been mainly explained on the point of view of "Seonghak-Non"(聖學論). "Seonghak-Non" means that Neo-Confucian lterati were treated as real hero, not kings in the political space of Joseon Dynasty and the role of factions were recognized important. But king Jeongjo denied these ideological stream and tried to change that political system. King Jeongjo wanted to strengthen the throne through the method which insisted the king as a hero in politics. For the purpose, king Jeongjo criticized the Neo-Confucian literati's viewpoint about politics and learning at that time and anticipated to be sole leader of politics and learning on that critique. King Jeongjo aimed to destroy the dignity of "Salim"(山林: Neo-Confucian Sages) with attacking their wrong behaviors. King Jeongjo also criticized the period of king Injo when the regime of "Sarim"(士林: pure Neo-Confucian lterati) faction fully appeared as the starting period when the factional harms were getting worse. King Jeongjo wanted to previously block the oppositions to win subjects over to himself's side with criticizing the period of king Injo and to take away the initiative from his opponents with insisting "Salim-Muyongnon"(山林無用論: a theory ignoring Neo-Confucian Sages). King Jeongjo's critique was not limited just on the system of factional politics. "Seonghak-Non" eventually took root in Neo-Confucianism. Therefore king Jeongjo criticized Neo-Confucianism. He insisted that the essence of Chinese Classics was pragmatical learning, not Neo-Confucianism. Through that critique, king Jeongjo aimed to destroy the ideological base of his opponents. However, king Jeongjo failed to be a sole leader of his subjects in the both boundaries of politics and learning even though he criticized the Neo-Confucian lterati's viewpoint about politics and learning. Because he abruptly died leaving his reformational scheme behind as well as his loyal subjects guarding himself against Noron Byeok-Pa(老論 ?派: the opposing party in Older Faction) were gone behind himself. The politics of Joseon Dynasty returned to more powerful politics for king's family-in-law after king Jeongjo's death.

A Study of the History of Korean Public Library after the Korean Liberation Day - An Emphasis on the influence of public Libraries System under the Japanese Imperialism- (광복이후 한국 공공도서관사 연구 -일제하 공공도서관제도의 영향을 중심으로-)

  • Kim Po Ok
    • Journal of the Korean Society for Library and Information Science
    • /
    • v.20
    • /
    • pp.65-125
    • /
    • 1991
  • The study has tried to analize and appraise how did public library system under the Japanese imperialism affect the establishment and managemant of Korean public libraries. To achieve the purpose of the above-mentioned study, the contents of $\ulcorner$Japanese library statute$\lrcorner$ under Japanese imperialism and the current $\ulcorner$Korean library law$\lrcorner$ have been mutually compared, at the same time, the vestiage of Japanese imperialism in view of the establishment, personnel administration and reading systems have been concretely investigated, analyzed and compared. The conclusions obtained from the above are as followings. 1. In those days of the Korean Liberation, the situation of Korean public libraries was such as it under the Japanese rule and so, their names were only changed. However, as a part of its independent activities, the national library have once carried out the various programs such as the training of professional librarians, the establishment of the new classification schedule and the chief Librarian and deputy Librarian from the professional librarians in the office regulations, and they were well worth being the good examples for today's Korean library circle. Though the Goverment of the Republic of Korea had been formally established, the situation of the library circle was very dull owing to the Korean war for a long time. In 1963, $\ulcorner$The Korean library law$\lrcorner$ was promulgated, but the establishment of public libraries did not give satisfactory results because of the institutional fragility. In the 1980's the importance of library was embossed from the viewpoint of life-long education and the number of libraries was increased. However, there were still the remaining vestiges of Japanese library system in the practical library services. 2. After the Korean Liberation, the influnces of public library system under the Japanese imperialism showed in the office regulation of national library and the Korea library Law were also in the legal mechanism. In particular, the regulations of $\ulcorner$The staff-member of public library$\lrcorner$ and $\ulcorner$Admission fee of public library$\lrcorner$ including the chief librarian have referred to the library system under the Japanese imperialism since the liberation day to date. 3. At that time of the Korean Liberation, the U.S.Military Government Office had decided that the public library administration should be attached to the administration of local and internal affairs in accordance with the Japanese administative system. As a result, the public libraries had been forced to be indirectly affected by public library system under the Japanese imperialism for twenty years since the Liberation. 4. Since the Liberation, the personnel adminstration of public library has been so far on the steps of model under the Japanese imperialism. As the result of the field survey, the position standards of local chief librarians, non-professional character, the extra post system and the preponderant appointment of non-professional offices have analyzed by the influence of Public library system under the Japanese imperialism. Therefore, the Government authorities-concerned must readjust the standards of qualification and the divided duties corresponding to the position of public library staff members and to stipulate expressly in the revised library law. In addition, the regulation of the admission fee should be also actively detected for the free adminssion of library users. 5. Since the Liberation Day, the reading methods of public library have been so far similar to reading method under the Japaness imperialism. For example, the admission fee levied, the complicated procedures of using books including entrance and exit of a library, no-admission system, the limited lending books, the deposit system of outdoor lending books and the surety liable jointly and severally are originally caused by bureaucracy of under the Japanese imperialism. Therefore, the public libraries should make an offer space and opportunities which can enjoy freedom to the gull in future. The procedures and standards of library users will be simplified, if possible. As the above-mentioned, the actual conditions of Korean public libraries have been examined and analyzed. As the result of it, there are still the remaining vestiges of public library system under the Japanese imperialism in the establishment and management of the nation-wide public libraries. Such the remnants are an obstacle to the democratic development of public libraries and so, the authorities-concerned should take the proper-measures as soon as possible.

  • PDF

A study of Symbolics of Chinese Liturgical Vestments (중국 제복의 상징성에 관한 연구)

  • 이선희
    • Journal of the Korean Society of Costume
    • /
    • v.18
    • /
    • pp.111-131
    • /
    • 1992
  • This thesis was designed to study Symbolics of Chinese Liturgical Vestments. Chinese who regarded the life of human beings as the combination of heaven and earth considered garments as the traditional product of the movement of nature. Accordingly, they thought human beings are the center of the universe composed by heaven and earth and the chief of all things; therefore man only can utilize clothes to distinguish from all of the colours. This views of clothes led to the development of liturgical vestments esteemed courtesy than anything else, especially the thought of courtesy associated with Conficius who regarded courtesy as the highest things and since then the theory of Five Elements and courtesy were inherited by all the adherents of Conficius. Yin and Yang Five Elements in the liturgical vestments was given absolute symbolics in both formative side and in colourful side. results of research studied in this was can be summed up as follows : 1. The crown of rites was made imitating after the system of head, horn, beard, bread of birds and beasts and that form of crown is front-circ-ular and back-rectangular meant to be towards light and dark. That the upper part of faceplace is black represented the way of heaven and lower part of red symbolized the way of earth. 2. Upper vestment of liturgical rites symbolizes heaven and outskirt represented earth. So front of outskirt is YANG and back is Yin. It is why then are going to harmonize positive and negative making front part three width and back part four width. Therefore, emperor who symbolizes heaven made the subjects recognize high and low and wore Dae-gu(大 ), Kon-bok(袞服), Bel-bok, Chui-bok, and Hyonbok according to the object and position of rites so that he may rule the country based on courtesy. 3. As an accessory of liturgical vestments, Bul, Pae-ok, Su, Dae-dai, Hyok-Dai, Kyu, and Hol were used. Before Bul was used man dressed skirt as the first waist-dress in order to conceal intimate part of the body. Pae-ok, as decoration blended with jade was worn by men of virtue, so men of virtue symbolized morality and virtue by Pae-ok. Su began from Yeok, connected with Pae-su , in Chou-dynasty is said to be originated by practical needs and they are divided into large Su and small su, and maintained as decoration to signify the class positions. Dae-dai did the work as not to loose the liturgical vestments and leather belt hang Bul and Su to begin as the function of practical use are in later years it became decoration to symboliz e the class position. Kyu was a jade used when empeor nominated feudal lords and observe ceremony to God and Hol, was held in hands to record everything not to forget. These Kyu and Hol became to offer courtesy during the time of rites and in later years it became used according to class position rather than practical use. 4. As far as colours are concerned, colours based by five colours according to YIN-YANG Five Elements theory and they were divided into a primary colour and a secondary colours. Primary colours corresponded with the theory of Five Elements each other, Blue, Red, Tellow, White, and Black symbolized ive Elements, five hour space, five directions, and five emperors. Secondary colours contradict with Blue, Red, Yellow, White and Black and another as a primary colour and they are Green, Scaret, Indigo, Violet, Hun colour, Chu colour, and Chi colour. This primary colour was used in liturgical vestments, that is, upper-vestments used black colour. This primary colour was used in liturgical vestments, that is, upper-vestments used black colour as primary colour and outskirt was used Hun colour as secondary colours. Thus symbolism in chinese liturgical vestments mainly began with heaven and earth and corresponded with YIN-YANG Five Elements Scool. They were developed as the scholary theory and Conficius and his followers in the later days and continued up to Min-dynasty.

  • PDF

X-tree Diff: An Efficient Change Detection Algorithm for Tree-structured Data (X-tree Diff: 트리 기반 데이터를 위한 효율적인 변화 탐지 알고리즘)

  • Lee, Suk-Kyoon;Kim, Dong-Ah
    • The KIPS Transactions:PartC
    • /
    • v.10C no.6
    • /
    • pp.683-694
    • /
    • 2003
  • We present X-tree Diff, a change detection algorithm for tree-structured data. Our work is motivated by need to monitor massive volume of web documents and detect suspicious changes, called defacement attack on web sites. From this context, our algorithm should be very efficient in speed and use of memory space. X-tree Diff uses a special ordered labeled tree, X-tree, to represent XML/HTML documents. X-tree nodes have a special field, tMD, which stores a 128-bit hash value representing the structure and data of subtrees, so match identical subtrees form the old and new versions. During this process, X-tree Diff uses the Rule of Delaying Ambiguous Matchings, implying that it perform exact matching where a node in the old version has one-to one corrspondence with the corresponding node in the new, by delaying all the others. It drastically reduces the possibility of wrong matchings. X-tree Diff propagates such exact matchings upwards in Step 2, and obtain more matchings downwsards from roots in Step 3. In step 4, nodes to ve inserted or deleted are decided, We aldo show thst X-tree Diff runs on O(n), woere n is the number of noses in X-trees, in worst case as well as in average case, This result is even better than that of BULD Diff algorithm, which is O(n log(n)) in worst case, We experimented X-tree Diff on reat data, which are about 11,000 home pages from about 20 wev sites, instead of synthetic documets manipulated for experimented for ex[erimentation. Currently, X-treeDiff algorithm is being used in a commeercial hacking detection system, called the WIDS(Web-Document Intrusion Detection System), which is to find changes occured in registered websites, and report suspicious changes to users.

Historical Studies on the Nameless Buildings at the Jondeokjeong Area in Donggwoldo (동궐도상의 존덕정 영역에 나타난 무편액 건물의 조영사적 고찰)

  • Jung, Woo Jin;Sim, Woo Kyung
    • Korean Journal of Heritage: History & Science
    • /
    • v.45 no.1
    • /
    • pp.148-173
    • /
    • 2012
  • The rear garden in Donggwol Palace which shared with the Changdeok Palace and the Changgyeong Palace is the salient places of technology and idea reflected the phases of the times of the Joseon Dynasty, so it is certainly one of the best Korean garden cultures. The rear garden in Donggwol which was not only the secret garden for the rest of royal family but also used as symbolic places for the various ceremonies and training its human resources has been considerably destroyed through the period of Japanese colonial rule. Thus the rear garden areas at north of Changkyung Palace were entirely transformed and a few territory from Juhabru(宙合樓) to Ongnyucheon(玉流川) keep up its surviving as the rear garden. The area of Jondeokjeong(尊德亭) which become subject on this studies from among these was constructed as flower garden after development of Ongnyucheon. The areas of Simchujeong(深秋亭), Cheoknoedang(滌惱堂), Pyemwoosa(?愚?), Mangchunjeong(望春亭), Chunhyagak(天香閣), Chungsimjeong(淸心亭) around Jondeokjeong, were situated among the beautiful scenery with the flowers and ponds. But there are only Jondeokjeong and Pyemwoosa at this moment, and the other pavilions was destroyed and transformed. For these reasons, in this studies, the formative purposes were investigated through analysing water elements, planting, ornaments and so on. According to these reasons, historical records and realities of garden construction of five pavilions : Simchujeong, Mangchunjeong, Cheoknoedang, Chunhyagak, Chungyeongak(淸燕閣) were considered to give authenticity to the restoration and reorganization as well as to accumulate basic knowledge about the conservation of environment surrounded garden architectures. These pavilions appeared at Gunggwolgi(宮闕志) and Joseonwangzosilok(朝鮮王朝實), but their names were not appeared at Donggwoldo(東闕圖). So they were ascertained through all of literatures on Donggwol Palace. Cheoknoedang and Simchujeong among these buildings could be found out as the existed buildings and the uncertain building at the northwest of Jondeokjeong was estimated as the name to Chunhyagak or Mangchunjeong. And the hypothesis that the wall surrounding Taichungmoon(太淸門) should be belong to Chungyeongak was supported. In addition, the area which did not known in connection with name and use on northeast at the Changdeok Palace, and had regarded as an impasses in the studies of Donggwoldo and the rear garden in Donggwol Palace, but the historical records of using by Yeonsangun(燕山君) and Sukjong(肅宗) were discovered at this study. And it could be uncovered that the obscure spatial space was a separate house only for king and he enjoyed play there unnoticing to others belong to palace.

Rethinking the Records of the Japan's Korean Colonial Rule and the Post-War Compensation : Focusing on the Dual Decision Making System and the Sources of the Documents (제국의 식민지·점령지 지배와 '전후보상' 기록의 재인식 조선의 식민지지배·보상처리 결재구조와 원본출처를 중심으로)

  • Kim, Kyung-Nam
    • The Korean Journal of Archival Studies
    • /
    • no.39
    • /
    • pp.281-318
    • /
    • 2014
  • This article aims to inquire into the decision making system and the sources of the original documents made by means of it in Imperial Japan, the colonial Chosun, GHQ, and the occupied Japan in terms of the post-war treatments of compensation on the Japanese colonial rules. It deals with them from 1910 to 1952 in the perspective of history and archivistics. This article attempts to establish the foundation on which the perception of the documents made in the Imperial Japan, its colony, and the occupied territory would be widened by placing the colonial rules and the compensation on them into a continuous line. The records of Japan's forced occupation of Korea during 1910-1945, and the original records documenting the decision making process of post-war compensation under GHQ, 1945-1952, have been dispersed in Korea, Japan and the United States. This dispersed preservation was mainly due to the complicated decision-making process among Governor-General of Chosun, the Japanese Imperial government, and the GHQ. It was the top-down styled, dual decision making system, in which the critical policies, personnel, and budget had been decided in Imperial homeland, while their implementations were made in the colonies. As a result, the records documenting the whole process of domination have been preserved dispersedly in Japan and its colonies. In particular, the accounts of not yet paid Korean workers that was forced to mobilize in Japan's colonial periods, which is emerging as the diplomatic conflict between Korea and Japan, had been dealt in the decrees of the Japanese government and policy-making of GHQ. It has already been changed to the problem as 'economic cooperation' from the 'debt'. Also, the critical records for post-war compensation were preserved dispersedly in the United States and Japan under the top-down decision making process of GHQ-Japan. Therefore, the dispersed records of 1910-1952 about the colonial rules by the Imperial Japan and the post-war compensation on them must be re-investigated for the adequate documentation in the context of time and space.

Mythicality and Anti-mythicality of Hunminjeongeum (『훈민정음』의 신화성과 반신화성 - 도상성을 중심으로)

  • Song, Hyo-sup
    • 기호학연구
    • /
    • no.54
    • /
    • pp.93-117
    • /
    • 2018
  • The process of creating Hunminjeongeum described in Haerye version of Hunminjeongeum shows a rule of signification by which a signifiant represents a referent. In this article, I will suggest two types, the mythical and the anti-mythical, that affect the iconic relation between signifiant and referent, and consider how they are realized in Hunminjeongeum. The mythical type is shown as Yin-Yang and the Five Elements Theory and Three Elements Theory of Heaven, Earth and Man dominating the thought of intellectuals at that time. It had became mythos, that is the object of absolute belief, by connecting with the power of King at that time. It is very metaphysical and involves a kind of grand narrative. It is also the voice from the past in time and from China in space. It is reflected in Hunminjeongeum's letter system intactly. Meanwhile, the anti-mythical type also affects the creation of Icon in Hunminjeongeum. Even if Hunminjeongeum had been created from King Sejong's project, its intention seemed to be educational and practical. That is the problem of that time, not of past time, and for common class, not for ruling class. It can be considered as logos in that it had been planned and processed at a real-life situation at that time. Some arguments between King Sejong and liege Choi, Manri about the validity of Hunminjeongeum also show that the creation of Hunminjeongeum had involved the problem of critical logos. Above all, in that referents of Icons of Hunminjeongeum are the figures of human vocal organs, we can suggest that these Icons also implied an Indexicality implying actual connection between voice and body. It can be considered as a deconstrucion of metaphysics and grand narrative that had been dominated by foresaid mythical type. Hereafter, from time when Hunminjeongeum have been widely used, mythos of metaphysics and grand narrative that had dominated Hunminjeongeum have been deconstructed and Hunminjeongeum has become to realize its potential competence of pragmatic sign system for the convenience of common people. Therefore, I expect that the cultural potentiality of Hangul today can be realized by such tendency of logos incessantly deconstructing mythos, that is one direction of mythosemiosis.

The Political Views of Kogakuha(古學派) in Japanese Confucianism - Focused at the concept of 'For the People' of Ito-Jinsai(伊藤仁齋) and Ogyu-Sorai (荻生?徠) (일본 고학파(古學派)의 정치관 - 이등인재(伊藤仁齋)와 적생조래(荻生?徠)의 위민(爲民) 개념을 중심으로 -)

  • Lee, Yongsoo
    • The Journal of Korean Philosophical History
    • /
    • no.42
    • /
    • pp.259-294
    • /
    • 2014
  • The key concept of political thoughts of Confucianism is 'Tian(天)=the Heaven' and 'Ren(人)=the Human being'. In particular, the meaning of 'the Heaven(天)' is profoundly exclusive in Confucianism in comparison to the other concepts. It is because that 'the Heaven' is connected with 'Ri(理)' which explains the human being and the heaven metaphysically, and the discussions about those concepts have also been widening to the political field. And if the concept of 'the Heaven's nature(天命)' is excluded, it is difficult for us to discuss the essence of political thought of Confucianism. This paper argued how the politicalization of 'the Heaven' which was private dimension of monarch in the strict sense, changed to the public dimension of people in Japan in the early 18th century through some theories of the two famous philosopher, Ito-Jinsai(伊藤仁齋) and Ogyu-Sorai(荻生?徠) who belonged to the 'Kogakuha(古學派)'. The doctrines of Chu-tzu(朱子學) has hold absolute authority over the history of the oriental political thoughts. But the authority have gone through the stage of disorganization in a unique space called Eto(江戶) era of Japan. Therefore, the interpretations and concept establishments in a new dimension are naturally formed in that periods about 'Min(民)=People'. Based on discussions like this, the purpose of this paper is to study how those movements are emerged in what kinds of thinking and debating process. In part of Ito-Jinsai, this paper have reconsidered the concept of 'People' which Jinsai had thought and examined closely with critical mind about 'In(仁)=Mercy'. In case of Ogyu-Sorai, this paper have argued his political theory of 'the welfare of the people in the nation(安民天下)', in clarifying with the concept of 'the Roads of the Saint(先王의 道)' and the meaning about his declaration that "the Six Scripture(六經) is things(物)". The meaning of political view of this two philosopher is in the point to suggest some kinds of cure for problems of those days with the former days values. In the Jinsai's doctrine, that cure is 'the realization of the rule of right(王道)' based on new interpretation of 'Mersy'. And in case of Sorai, that is a form of independence of politics from morality based on 'the Roads of the Saint'.

A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.28 no.2
    • /
    • pp.3-35
    • /
    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

  • PDF