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U.S. Admiralty Jurisdiction over aviation claims (항공사고에 관한 미국 해사법정관할)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.3-35
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    • 2016
  • The United States Constitution gives power to the federal district courts to hear admiralty cases. 28 U.S.C. §.133, which states that "The district courts shall have original jurisdiction, exclusive of the Courts of the States, of any civil case of admiralty or maritime jurisdiction." However, the determination of whether a case is about admiralty or maritime so that triggers admiralty jurisdiction was not a simple question. Through numerous legal precedents, the courts have drawn a line to clarify the boundary of admiralty cases. This unique jurisdiction is not determined by the mere involvement of a vessel in the case or even by the occurrence of an event on a waterway. As a general rule, a case is within admiralty jurisdiction if it arises from an accident on the navigable waters of the United States (locus test) and involves some aspect of maritime commerce (nexus test). With regarding to the maritime nexus requirement, the US Supreme Court case, Executive Jet Aviation, Inc. v. City of Cleveland, held that federal courts lacked admiralty jurisdiction over an aviation tort claim where a plane during a flight wholly within the US crashed in Lake Erie. Although maritime locus was present, the Court excluded admiralty jurisdiction because the incident was "only fortuitously and incidentally connected to navigable waters" and bore "no relationship to traditional maritime activity." However, this historical case left a milestone question: whether an aircraft disaster occurred on navigable water triggers the admiralty jurisdiction, only for the reason that it was for international transportation? This article is to explore the meaning of admiralty jurisdiction over aviation accidents at US courts. Given that the aircraft engaged in transportation of passenger and goods as the vessels did in the past, the aviation has been linked closely with the traditional maritime activities. From this view, this article reviews a decision delivered by the Seventh Circuit regarding the aviation accident occurred on July 6, 2013 at San Francisco International Airport.

LONG-TERM EVALUATION OF A $SnF_2$ GEL FOR CONTROL OF GINGIVITIS AND DECALCIFICATION IN ADOLESCENT ORTHODONTIC PATIENTS (청소년 교정환자들의 치은염 및 치아탈회 조절을 위해 사용한 겔형 불화주석($SnF_2$ gel)의 장기간 평가)

  • Boyd, Robert L.;Chun, Youn-Sic
    • The korean journal of orthodontics
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    • v.25 no.3 s.50
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    • pp.235-245
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    • 1995
  • The purpose of this paper is to review two recently reported, long-term studies of several chemical methods to control gingivitis and decalcification in adolescent orthodontic patients. The first study(gingivitis study) was designed to determine whether conventional toothbrushing and twice daily use of a brush-on 0.4 per cent $SnF_2$ gel containing more than 90 per cent available $Sn^{2+}$ would be more effective for controlling plaque accumulation and gingivitis in the presence of orthodontic appliances than conventional toothbrushing alone. The second study(decalcification study) was designed to compare the effectiveness of controlling decalcification in orthodontic patients with either a II00 ppm F tooth paste used alone, this same toothpaste and a 0.05 percent NaF rinse or this toothpaste and a 0.4 percent $SnF_2$ gel. In the gingivitis study, sixty-five consecutively treated adolescents who were to receive full-mouth fixed orthodontic appliances were assigned to two groups according to age and sex criteria. In the decalcification study an additional 30 subjects(95 total) were similarly assigned to a third group. The first group(control, n=35) used only toothbrushing with a standard fluoride(1100 ppm F) toothpaste. The second group used toothbrushing with a similar dentifrice supplemented with a 0.4 percent $SnF_2$ gel($SnF_2$ gel group, n=30) used twice daily for the entire 18-month study period. The third group(in the decalcification study only) used a similar toothpaste and 0.05 percent NaF rinse(NgF rinse group, n=30). Clinical assessments of plaque accumulation using the Plaque Index, gingival inflammation using the Gingival Index, and coronal staining were completed single-blinded before appliances were placed and 1, 3, 6, 9, 12 and 18 months after appliances were placed. Decalcification was assessed single blind on all labial surfaces of all erupted teeth before appliances were placed and 3 months after appliances were removed. The results of the gingivitis study indicated that the $SnF_2$ gel gorup had significantly lower scores for the Plaque Index(p<0.01) and Gingival Index(p<0.001) at all examinations during orthodontic treatment than did the control group. In the $SnF_2$ gel group, one subject developed mild coronal staining and two subjects developed moderate staining. In the decalcification study, when pre-treatment levels of decalcification were subtracted from post-treatment values, significantly lower decalcification scores(p<0.05) were found for both whole mouth and first molars in the NaF rinse and gel groups as compared with the control gorup(toothpaste alone). Although the gel group consistently had less decalcification than the rinse group, this difference only approached statistical significance.

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An Analysis of Research Trends Related to Software Education for Young Children in Korea (유아의 소프트웨어 교육 관련 국내 최근 연구의 경향 분석)

  • Chun, Hui Young;Park, Soyeon;Sung, Jihyun
    • Korean Journal of Child Education & Care
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    • v.19 no.2
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    • pp.177-196
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    • 2019
  • Objective: This study aims to analyze research trends related to software education for young children, focusing on studies published in Korea from 2016 to 2019 March. Methods: A total of 26 research publications on software education for young children, searched from Korea Citation Index and Research Information Sharing Service were identified for the analysis. The trend in these publications was classified and examined respectively by publication dates, types of publications, and the fields of study. To investigate a means of research, the analysis included key topics, types of research methods, and characteristics of the study variables. Results: The results of the analysis show that the number of publications on the topic of software education for young children has increased over the three years, of which most were published as a scholarly journal article. Among the 26 research studies analyzed, 16 (61.5%) are related to the field of early childhood education or child studies. Key topics and target subjects of the most research include the curriculum development of software education for young children or the effectiveness of software education on 4- and 5-year-old children. Most of the analyzed studies are experimental research designs or in the form of literature reviews. The most frequently studied research variable is young children's cognitive characteristics. For the studies that employ educational programs, the use of a physical computing environment is prevalent, and the most frequently used robot as a programming tool is "Albert". The duration of the program implementation varies, ranging from 5 weeks to 48 weeks. In the analyzed research studies, computational thinking is conceptualized as a problem-solving skill that can be improved by software education, and assessed by individual instruments measuring sub-factors of computational thinking. Conclusion/Implications: The present study reveals that, although the number of research publications in software education for young children has increased, the overall sufficiency of the accumulated research data and a variety of research methods are still lacking. An increased interest in software education for young children and more research activities in this area are needed to develop and implement developmentally appropriate software education programs in early childhood settings.

Study on Improvement of Family Assistance System for Victim's Family of Air Traffic Accident (항공사고 피해자 가족지원 제도개선 연구)

  • Jeon, Jong-Jin;Kim, Hui-yang;Yoo, Kwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.315-343
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    • 2018
  • In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.