The summary of the case is as follows: a Korean passenger booked and purchased a business class ticket from Air France that was scheduled to depart from Paris and arrive in Seoul. When the passenger arrived at the check-in counter, he was told that all business class seats were occupied. It was because the flight was overbooked by Air France. The passenger cancelled the Air France flight and took another air carrier. After arriving in Korea, he brought suit against Air France for damages. The purpose of this article is to discuss the governing law when interpreting the contract of international air carriage in accordance with the Korean Private International Act (2001) and to analyze air carrier's civil liability for the bumped passenger in the overbooking case. If the parties have not chosen the applicable law the contract shall be governed by the law of the habitual residence of the consumer in the following situations: prior to the conclusion of the contract, the opposite party of the consumer conducted solicitation of transactions and other occupational or business activities by an advertisement in that country or conducted solicitation of transactions and other occupational or business activities by an advertisement into that country from the areas outside that country and the consumer took all the steps necessary for the conclusion of the contract in that country or in case the opposite party of the consumer received an order of the consumer in that country [Article 27 (1), (2) of the Private International Act]. Since the contract of international carriage falls into the consumer contract, the Supreme Court viewed that the governing law of the contract in this case would be the law of the habitual residence of the consumer (Supreme Court Decision 2013Da8410 decided on Aug. 28, 2014). This interpretation differs from the article 5 (4) of Rome Convention(80/934/EEC) which declares that the consumer contract article shall not apply to neither a contract of carriage nor a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence. Even though overbooking can be considered as a common industry practice, an air carrier must burden civil liability in case of breach of contract for the involuntary bumped passenger(Seoul Central District Court Decision 2014Na48391 decided on Jan. 29, 2015). In case of involuntary bumping, an air carrier must offer re-routing to passenger's final destination by an alternative flight. If an air carrier fails to effect performance in accordance with the tenor and purport of the obligation, the involuntary bumped passenger may claim damages(Article 390 of the Civil Code).
As the environment for international logistics varies according to the globalization in world economy, world-class seaports are struggling for the position as strongholds in their own block. As a new government begins its own era in Korea, they are positively implementing their strategies at the level of government for making the Korean Peninsula the logistics centre in North-eastern Asia, marking the most of its geographic advantage. As one of those strategies, it plans to foster a specific area as an international logistics base camp in Northeast Asia by activating its logistics industry through inducing multinational logistics enterprises. In reality, however, in order for Busan seaport, the late-comer, to induce investment from the world-class multinational companies, a considerably large volume of investment should be given from both central and local governments. Accordingly, the objective of this study is to assess its competitiveness and to suggest an activation plan for BSDFA(Busan Seaport Duty-Free Area), based upon the results of on-the-spot interviews in China and Japan. The survey for the respondent's preference by way of Conjoint Analysis indicated that Investment procedures and limitations get the highest 36.2% preference, so the most critical strategy to be considered for attracting enterprises into DFA(Duty-Free Area) is to solve the problems related to the investment procedures and limitations. The simulation analysis results for market share showed that UAE has the highest preference and BSDFA the lowest preference among the five countries. However, when the levels of investment procedures and limitations and production costare upgraded, the competitiveness of BSDFA was elevated next to that of UAE among the 5 countries. Thus, in order for BSDFA to obtain competitiveness, it is implied that production cost level as well as investment procedures and limitations level, should be lowered so that it could meet companies' demand.
Han Ki Park;Gijong Yi;Suk Won Song;Sak Lee;Bum Koo Cho;Young hwan Park
Journal of Chest Surgery
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v.36
no.8
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pp.559-565
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2003
By improving the flow pattern in Fontan circuit, total cavopulmonary connection (TCPC) could result in a better outcome than atriopulmonary connection Fontan operation. For the patients with impaired hemodynamics after atriopulmonary Fontan connection, conversion to TCPC can be expected to bring hemodynamic and functional improvement. We studied the results of the revision of the previous Fontan connection to TCPC in patients with failed Fontan circulation. Material and method: From October1979 to June 2002, eight patients who had failed Fontan circulation, underwent revision of previous Fontan operation to TCPC at Yonsei University Hospital. Intracardiac anomalies of the patients were tricuspid atresia (n=4) and other functional single ventricles (n=4). Mean age at TCPC conversion was 14.0$\pm$7.0 years (range, 4.6~26.2 years) and median interval between initial Fontan operation and TCPC was 7.5 years (range, 2.4~14.3 years). All patients had various degree of symptoms and signs of right heart failure. NYHA functional class was 111 or IV in six patients. Paroxysmal atrial fibrillation (n:f), cyanosis (n=2), intraatrial thrombi (n=2), and protein losing enteropathy (PLE) (n=3) were also combined. The previous Fontan operation was revised to extracardiac conduit placement (n=7) and intraatrial lateral tunnel (n=1). Result: There was no operative death. Major morbidities included deep sternal infection (n=1), prolonged pleural effusion over two weeks (n=1), and temporary junctional lachyarrhythrnia (n=1). Postoperative central venous Pressure was lower than the preoperative value (17.9$\pm$3.5 vs. 14.9$\pm$1.0, p=0.049). Follow-up was complete in all patients and extended to 50,1 months (mean, 30.3$\pm$ 12.8 months). There was no late death. All patients were in NYHA class 1 or 11. Paroxysmal supraventricular tachycardia developed in a patient who underwent conversion to intraatrial lateral tunnel procedure, PLE was recurred in two patients among three patients who had had PLE before the convertsion. There was no newly developed PLE. Conclusion: Hemodynamic and functional improvement could be expected for the patients with Fontan circulatory failure after atriopulmonary connection by revision of their previous circulation to TCPC. The conversion could be performed with low risk of morbidity and mortality.
The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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v.2
no.1
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pp.21-30
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1997
The present study reports the density, growth and production of a razor clam, Sinollovacula constricta, which is known to be one of the important fishreies catches from the Korean tidal flat. The annual yield reached to about 6,000 metric tons per year till 1994. The study was conducted on the Hwaseong tidal flat located on the central west coast, 40 kilometers south-west from Seoul. The annual yield of the razor clam in this area reached to about 50% of the total catch from the whole Korean coast. Samples were colleted monthly at 14 occasions from May 1992 to August 1993. Density of S. constricta ranged from 92~165 individuals per square meter during the study period. General trend of decreasing density was observed when the animal became older, but an exception was the year class of 1991 whose density was lower than that of 1990. The size of the shell was clearly separated into two classes during fall and winter (from September to February), however, the maximum frequency of the length of small size classes moved to right after February. It indicates a fast growth of young clams from spring to summer. Fast growth of the shell could also be examined by the growth curve. The shell growth of the whole life span was described by the von Bertalanffy equation of $L_t=89.3{\times}[1{\exp}\{-0.58{\times}(t+0.73\}]$. The growth in flesh dry weight was well fitted to the Gompertz growth model with the equation, $W_t=5.00{\times}{\exp}\{-4.31{\times}{\exp}(-0.043{\times}t)\}$. The clam lost about 30% of the body weight during spawning in August. The annual production calculated based on the data from September 1992 to August 1993 amounted to 150 g $DW{\cdot}m^{-2}{\cdot}yr^{-1}$ which was 2~50 fold higher than those of other bivalves occurred in Korea. This estimate was patitioned by each year classes; 87.5 by 1992, 53.4 by 1991, 59.0 by 1990 and -30.0 g $DW{\cdot}m^{-2}{\cdot}yr^{-1}$ by 1989 year class.
It is judged that celadons with '○' pattern and '⊙' pattern have the indication of manufacturer by engraving mark at the internal center of the bottom. These celadons were produced at No.8.23.27 kiln sites located at Sadang-ri(사당리), Daegu-myon(대구면), Gangjin-gun(강진군), Jeollanamdo(전라남도), Korea and '⊙’ patterned celadon porcelain was found only at No. 23 and 27 kiln sites, so it is assumed that its production sites were limited. Kinds of celadons included bowl, dish, cup, bottle, case and vessel for emptied wine and there were a lot of dishes with a variety of patterns. These celadons were engraved by molded design technique using the same ceramic design as the pattern of celadons in the period of their prosperity and it was appropriate method to produce celadons of a good quality with production method to keep decorative design like pattern or size uniformly. It was also found that inlay method was not universalized in this period and similar celadons were produced with molded design in large quantities. These celadons had partially fire clay temper, but most of them were burnt by supporting the inner bottom of U-type base with quartzite after whole glazing. It was known through relics excavated at Seokreung(석릉) royal tomb of King Heejong(희종) at Ganghwa(강화) and Hyeeumwon(혜음원) temple site at Paju(파주) and military house at Wakamiyaoji(약궁대로) avenue Kamakura(겸창)-city, Japan(일본) that these celadons were manufactured at two quarters of the 13th century centering around 1230s. Therefore, these celadons will be significant materials to fill the gap of the celadons in the 13th century resulted from the record chronologically that green celadons were manufactured in the 12th century. And this period was invaded by Mongolia(몽고), but central control was achieved and green celadons were continuously produced. It was also considered that these celadons were excavated at Gabgot-ri(갑곶리) and Gwanchung-ri(관청리), Ganghwa(강화), Hyeeumwon temple, Paju which played the role of temporary palace, Bu1guksa(불국사) temple at Gyeongju(경주), Silsangsa(실상사) temple at Namwon(남원) and relics of Jangheung(장흥) adjacent to Daeguso(대구소) and these were produced for high class.
Girth at breast height was measured to test skewness ($g_1$) and kurtosis ($g_2$) of frequency distribution of the basal area in terms of t-test and Kolmogorov-Smirnov test for a total of forty six monocultures within Sudong and Kwhangnung area in central part of Korean peninsula in 1979 and 1980. The monocultures are about 10 to 50 years old, and four kinds: Pinus koraiensis, Larix kaempferi, Abies holophylla and Pinus rigida. Most of the sample sizes per site were ranged 70 to 110 excluding 4 sites. The number of classes interval was based on Sturges rule for each monoculture and was ranged from 5 to 10. In Sudong the range of age(yr) and basal area (($cm^2$)/tree) of the monocultures were from 10 to 20 and from 27.60 to 383. for Kwhangnung they were from 15 to 47 and mostly 102.15 to 619.14, respectively. All 43 monocultures except 1 showed +$g_1$, which ranged from 0.3 to 2.2 except six sites. Of the total 46 sites, 23 sites showed significant +$g_1$ which includes about 10 year-old monoculture. The number of classes interval with significant positive skewness ranged from 6 to 9. The data suggest that intraspecific competition in terms of stand structure seems to appear from about 10 year-old monocultures, and it may even last to about 50 year-old one. Around 24 monocultures showed nonsignificant -$g_2$ except one. Most -$g_2$ ranged from -0.12 to -0.83. Around 20 monocltures showed positive $g_2$ ranging from +0.13 to +3.841. Of the 22 +$g_1$, majority of 11 were very highly significant. Of all monocultures only 5 showed significant result from Kolmogorov-Smirnov test. Of the 4 species, Larix kaempferi seems to show density stress first then Abies holophylla, and Pinus koraiensis last. Data of this study indicate that adequate number of classes intervals and sample sizes for studying intraspecific competition in terms of basal area are 6 to 9 and 80 trees rather than 12 and 100 trees, respectively. It also suggests that most of the frequency distribution of basal area class are trimodal rather than bimodal under density stress. It is proposed that the leptokurtic distribution appears before normal distribution rather than direct change from platykurtic to normal distribution of basal area for selected stages in the development of stands.
Statement of problem: There are common clinical cases in which the mandibular first and second molars are missing unilaterally. Purpose: This study was designed to compare and evaluate the magnitude and distribution of stress produced by four kinds of mandibular unilateral free-end removable partial dentures that could be applied clinically in Kennedy class II cases. Material and methods: Four unilateral free-end removable partial dentures using clasp, Konus crown, resilient attachment, and flexible resin were fabricated on the photoelastic models of the Kennedy class II cases. The vertical load of 6㎏ was applied on the central fossa of the first molar of every removable partial denture in the stress freezing furnace and the photoelastic models were frozen according to the stress freezing cycle. After these models were sliced mesio-distally to a thickness of 6mm, the photoelastic isochromatic white and black lines of the sliced specimens were examined with the transparent photoelastic experiment device and photographs were taken with a digital camera. The fringe order numbers at eight measuring points in the photograph were measured with the naked eye. Results: The maximum fringe order number of each sliced specimen and the fringe order number at the residual ridge just below the loading point were in the decreasing order of the unilateral removable partial dentures using flexible resin followed by clasp, resilient attachment, and Konus crown. The fringe order number at the root apex of the second premolar was in the decreasing order of the unilateral removable partial dentures using clasp followed by flexible resin, Konus crown, and resilient attachment. Conclusion: The removable partial denture using Konus crown showed the most equalized stress distribution to the supporting alveolar bone of abutment teeth and residual ridge under the vertical loads. The removable partial denture using flexible resin can be applied to the case that has a better state of residual ridge than abutment teeth.
In commemoration of the 1,100th anniversary of the foundation of the Goryeo Dynasty, the National Museum of Korea and the National Institute of Korean History are working together on a project to reveal memorial inscriptions(墓誌銘) in the Goryeo Dynasty. So far, It founded that four newly identified memorial inscriptions of Goryeo Dynasty. Among them, I would like to introduce two memorial inscriptions in overseas and a memory inscription that was first identified as being housed in the National Museum of Korea. Kim Yong Sik's memorial inscription is currently housed at the Smithsonian Museum's FreerSackler Gallery in the U.S.A.. Kim Yong Sik(金龍軾, 1129~1197) is a bureaucrat in the middle time of Goryeo Dynasty. He came from a family of influential people in the Andong province. In Goryeo times, provincial figures have been able to make inroads into central politics through the bureaucratic select examination(科擧). Kim's family came from the capital of Goryeo in that way. However, Kim did not rise very high. This inscription is meaningful in that it shows this ordinary middle class's life to study Goryeo history further. Sangdanghyeongoon(上黨縣君) Gwak Ssi's memorial inscription is currently housed at the Kyoto university museum in the Japan. Sangdanghyeongoon Gwak Ssi(郭氏(Mrs. Gwak), ?~1149?) is a bureaucrat class woman in the middle time of Goryeo Dynasty. There is not much information about her. But the method of marking the location of the her tomb is unique. Her tomb is located at the northern foot of the temple, Baekhaksa(白鶴寺, White Crane's temple). That marking method is sometimes confirmed in Goryeo period's historical text. This inscription is significant in that it shows practical example of that methods. Min Su's memorial inscription is missing after Japanese occupation time, but confirmed that currently housed in the National Museum of Korea. Min Su(閔脩, 1067~1122) is a bureaucrat in the middle time of Goryeo Dynasty. Although his track record is partly recorded in Goryeosa(高麗史, Historia of Goryeo Dynasty), the discovery of this inscription has made new research possible. I hope that more and more memory inscription of Goryeo will emerge from somewhere and contribute greatly to the study of Goryeo history.
The Journal of The Korea Institute of Intelligent Transport Systems
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v.21
no.6
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pp.21-35
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2022
With the support of local and central governments, various incentive policies for "green" cars have been established, and the number of electric vehicle users has been rapidly increasing in recent years. As a result, much attention is being given to establishing a user-centered charging infrastructure. A standard for the number of electric vehicle chargers to be supplied is being prepared based on building characteristics, but there is quite limited research on the appropriate ratio of slow and fast chargers based on the characteristics of each place. Therefore, this study derived an appropriate penetration ratio based on data about the distribution ratio of common slow chargers. These data were collected using a survey of actual electric vehicle users. Next, an analysis was done on how to categorize the needs of charging environments and to determine what criteria or characteristics to use for categorization. Based on the results of the survey analysis, three types of places were derived. Type-1 places require 10% of chargers to be slow chargers, Type-2 places require 40-60% of chargers to be slow chargers (i.e., around equal distribution of slow and fast chargers), and Type-3 places require more than 80% of chargers to be slow chargers. The required levels of slow chargers were classified by place type and by individual using latent class cluster analysis, which made it possible to categorize them into five clusters related to socioeconomic variables, vehicle characteristics, traffic, and charging behaviors. It was found that there was a high correlation between charging behavior, weekend travel behavior, gender, and income. The results and insights from this study could be used to establish charging infrastructure policies in the future and to prepare standards for supplying charging infrastructure according to changes in the electric vehicle market.
The current state of performance halls in South Korea is closely related to the performance art and culture of the nation as the culture of putting on and enjoying a performance is deeply rooted in public culture and arts halls representing each area at the local government level. Today, public culture and arts halls have multiple management purposes, and the subjects of their management are in the public domain including the central and local governments or investment and donation foundations in overwhelming cases. Public culture and arts halls thus have close correlations with the institutional aspect of cultural policies as the objects of culture and art policies at the central and local government level. The full-blown era of public culture and arts halls opened up in the 1980s~1990s, during which multi-purpose performance halls of a similar structure became universal around the nation. Public culture and arts halls of the uniform shape were distributed around the nation with no premise of genre characteristics or local environments for arts, and this was attributed to the cultural policies of the military regime. The Park Chung-hee regime proclaimed Yusin that was beyond the Constitution and enacted the Culture and Arts Promotion Act(September, 1972), which was the first culture and arts act in the nation. Based on the act, a five-year plan for the promotion of culture and arts(1973) was made and led to the construction of cultural facilities. "Public culture and arts" halls or "culture" halls were built to serve multiple purposes around the nation because the Culture and Arts Promotion Act, which is called the starting point of the nation's legal system for culture and arts, defined "culture and arts" as "matters regarding literature, art, music, entertainment, and publications." The definition became a ground for the current "multi-purpose" concept. The organization of Ministry of Culture and Public Information set up a culture and administration system to state its supervision of "culture and arts" and distinguish popular culture from the promotion of arts. During the period, former President Park exhibited his perception of "culture=arts=culture and arts" in his speeches. Arts belonged to the category of culture, but it was considered as "culture and arts." There was no department devoted to arts policies when the act was enacted with a broad scope of culture accepted. This ambiguity worked as a mechanism to mobilize arts in ideological utilizations as a policy. Against this backdrop, the Sejong Center for the Performing Arts, a multi-purpose performance hall, was established in 1978 based on the Culture and Arts Promotion Act under the supervision of Ministry of Culture and Public Information. There were, however, conflicts of value over the issue of accepting the popular music among the "culture and arts = multiple purposes" of the system, "culture ≠ arts" of the cultural organization that pushed forward its establishment, and "culture and arts = arts" perceived by the powerful class. The new military regime seized power after Coup d'état of December 12, 1979 and failed at its culture policy of bringing the resistance force within the system. It tried to differentiate itself from the Park regime by converting the perception into "expansion of opportunities for the people to enjoy culture" to gain people's supports both from the side of resistance and that of support. For the Chun Doo-hwan regime, differentiating itself from the previous regime was to secure legitimacy. Expansion of opportunities to enjoy culture was pushed forward at the level of national distribution. This approach thus failed to settle down as a long-term policy of arts development, and the military regime tried to secure its legitimacy through the symbolism of hardware. During the period, the institutional ground for public culture and arts halls was based on the definition of "culture and arts" in the Culture and Arts Promotion Act enacted under the Yusin system of the Park regime. The "multi-purpose" concept, which was the management goal of public performance halls, was born based on this. In this context of the times, proscenium performance halls of a similar structure and public culture and arts halls with a similar management goal were established around the nation, leading to today's performance art and culture in the nation.
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