• The Korean Journal of Air & Space Law and Policy
• /
• v.30 no.2
• /
• pp.37-81
• /
• 2015

AirAsia QZ8501 Jet departed from Juanda International Airport in, Surabaya, Indonesia at 05:35 on Dec. 28, 2014 and was scheduled to arrive at Changi International Airport in Singapore at 08:30 the same day. The aircraft, an Airbus A320-200 crashed into the Java Sea on Dec. 28, 2014 carrying 162 passengers and crew off the coast of Indonesia's second largest city Surabaya on its way to Singapore. Indonesia's AirAsia jet carrying 162 people lost contact with ground control on Dec. 28, 2014. The aircraft's debris was found about 66 miles from the plane's last detected position. The 155 passengers and seven crew members aboard Flight QZ 8501, which vanished from radar 42 minutes after having departed Indonesia's second largest city of Surabaya bound for Singapore early Dec. 28, 2014. AirAsia QZ8501 had on board 137 adult passengers, 17 children and one infant, along with two pilots and five crew members in the aircraft, a majority of them Indonesian nationals. On board Flight QZ8501 were 155 Indonesian, three South Koreans, and one person each from Singapore, Malaysia and the UK. The Malaysia Airlines Flight 370 departed from Kuala Lumpur International Airport on March 8, 2014 at 00:41 local time and was scheduled to land at Beijing's Capital International Airport at 06:30 local time. Malaysia Airlines also marketed as China Southern Airlines Flight 748 (CZ748) through a code-share agreement, was a scheduled international passenger flight that disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing's Capital International Airport (a distance of 2,743 miles: 4,414 km). The aircraft, a Boeing 777-200ER, last made contact with air traffic control less than an hour after takeoff. Operated by Malaysia Airlines (MAS), the aircraft carried 12 crew members and 227 passengers from 15 nations. There were 227 passengers, including 153 Chinese and 38 Malaysians, according to records. Nearly two-thirds of the passengers on Flight 370 were from China. On April 5, 2014 what could be the wreckage of the ill-fated Malaysia Airlines was found. What appeared to be the remnants of flight MH370 have been spotted drifting in a remote section of the Indian Ocean. Compensation for loss of life is vastly different between US. passengers and non-U.S. passengers. "If the claim is brought in the US. court, it's of significantly more value than if it's brought into any other court." Some victims and survivors of the Indonesian and Malaysia airline's air crash case would like to sue the lawsuit to the United States court in order to receive a larger compensation package for damage caused by an accident that occurred in the sea of Java sea and the Indian ocean and rather than taking it to the Indonesian or Malaysian court. Though each victim and survivor of the Indonesian and Malaysia airline's air crash case will receive an unconditional 113,100 Unit of Account (SDR) as an amount of compensation for damage from Indonesia's AirAsia and Malaysia Airlines in accordance with Article 21, 1 (absolute, strict, no-fault liability system) of the 1999 Montreal Convention. But if Indonesia AirAsia airlines and Malaysia Airlines cannot prove as to the following two points without fault based on Article 21, 2 (presumed faulty system) of the 1999 Montreal Convention, AirAsia of Indonesiaand Malaysia Airlines will be burdened the unlimited liability to the each victim and survivor of the Indonesian and Malaysia airline's air crash case such as (1) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents, or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. In this researcher's view for the aforementioned reasons, and under the laws of China, Indonesia, Malaysia and Korea the Chinese, Indonesian, Malaysia and Korean, some victims and survivors of the crash of the two flights are entitled to receive possibly from more than 113,100 SDR to 5 million US$ from the two airlines or from the Aviation Insurance Company based on decision of the American court. It could also be argued that it is reasonable and necessary to revise the clause referring to bodily injury to a clause mentioning personal injury based on Article 17 of the 1999 Montreal Convention so as to be included the mental injury and condolence in the near future.

• Korean Journal of Fisheries and Aquatic Sciences
• /
• v.17 no.5
• /
• pp.449-470
• /
• 1984

The cercaria of Bacciger herengulae which is parasitized on the gonad of Solen strictus was investigated in order to reveal its entire life history. The area covered for the study was in the vicinity sea of Naechodo, the estuary of the Kum river in the western coast of Korea during the period of 1980-1983. Morphology and development as well as infection rates of sporocyst and cercaria within Solen strictus were examined. For accomplishing the objectives of this study, an artificial infection experiment and some investigations on the second intermediate host, the final host and the growing stages were also studied in both laboratory and natural habitat of Solen strictus. According to the study, it was revealed that the first intermediate hosts were Meretrix lusoria, Solen strictus, Tapes japonica and Laternula limicola, the second intermediate host was Palaemon (Exopalaemon) carinicauda and the final hosts were Konosirus punctatus and Harengula zunasi. A mature sporocyst which was found in the gonad of Solen strictus was $4.0-4.3{\times}0.2-0.21\;mm$ insize, and the cercaia with 27 pairs of setae, each seta consisting of 6 tufts, was $270{\times}147{\mu}m$ in body size and $550{\times}52{\mu}m$ in tail size. Oral sucker($52{\times}42{\mu}m$), pharynx, vental sucker and two testese were obviously seen within the cercaria. The excretory vesicles of cercaria were in V-shape and the flame cell were formula was expressed as 2[(3+3)+(3+3)]=24. The infection of cercaria in the first intermediate host, Solen strictus, was found throughout the year regardlless of the water temperature, and its mean infection rate was $9.67\%$ during the study period. The infection rate fluctuated with temperature, the highest being $28.0\%\;at\;28.0^{\circ}C$ water temperature in July and the lowest $2.4\%\;at\;19.5^{\circ}C$ in October, and it increased in proportion to the shell length on the host. But cercaria was not detected at below 4.0 cm in size of the host. Mature cercariae were found 6 months from May to October when water temperature was above $19.5^{\circ}C$. On the other hand, when water temperature was below $19.5^{\circ}C$, only immature cercariae and sporocysts were found. The cercariae were active for 35 hours and survived for 71 hours at $20^{\circ}C$, and 29 and 34 hours at $25^{\circ}C$ respectively, whereas the cercariae were inactive at less than $20^{\circ}C$ in water temperature. Cercaria, from Solen strictus, approached shrimp of 1-3 cm in body length as its second host. Then, it began to intrude in to the muscle of shrimp after 2-3 hours. The infected cercaria formed cyst after 7-8 hours, and became mature metacercaria. $420{\times}310{\mu}m$ in size, 15 days afer infection. The infection rate of metaceria to shrimp in the laboratory was highest, at $25^{\circ}C$ being $61\%$ and at $20^{\circ}C\;17%$. The infection rate of metacearia in shrimp was highest in the first abdominal segment, followed by cephalothorax, the second, and fifth abdominal segments, and in that order. Also, the infection rate of metacercaria in wild shrimp was high $9.6-11.1\%$ at $26.5^{\circ}C$ in June, and low $1.56-2.5\%$ at $28-29.5^{\circ}C$ from July to August. The infected shrimp with metacercaria was experimentally fed to Konosirus punctatus in the laboratory in order to know its final host. The metacercaria developed into the adult worm, $440-520{\times}310-360{\mu}m$ in size, within the intestine of Konosirus punctatus 20 days after infection. The adult worm was oval shape and $20-24{\times}11-20{\mu}m$ in size. The infection rate of adult worm to Konosirus punctatus and Harengula zunasi ranged 87.3 to $100\%$, the mean being $95.2\%$, regardless of the body length of their hosts. The infection rate was $100\%$ in June and July, but it decreased in September and October. The size and body structure of the trematode observed during the present study were well agreed with those ievestigated by Yamaguti(1938), thus, it may be concluded that the adult worm it identified as Bacciger harengulae.