• Journal of the Korea Fashion and Costume Design Association
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• v.11 no.1
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• pp.1-16
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• 2009

Ip-yeong or gat-keun decorate heuk-rip, supplementing its simplicity. When the wind blew, a dynamic beauty was created, especially if the gat-keun was made with long straps of jade or silk. Basically, ip-yeong was a practical chin strap to hold the gat tight on the head. Commoners made ip-yeong by folding cotton cloth or fine gauze. However, as available materials became diversified, people used cloth, jade, agate, amber, coral, gold medallion, rock crystal and bamboo as well, juk-yeong, which was made with bamboo, became popular especially when Heungsun Daewon-gun, the father of King Kojong, decreed that people wear simple clothes. Most records concerning ip-yeong in Chosun-wangjo-shillok, the authentic record of the Joseon Dynasty, are related to forbidding a sumptuous life. The book also suggests that ip-yeong was bestowed by the king or was offered to foreign diplomats as gifts. Ip-yeong doesn't seem to be a unique system for Korea. Based on portraits or paintings where ip-yeong can be found, it seems to have been widely used during the Yuan dynasty and the Goryeo dynasty. The system disappeared in China as the Ming Dynasty was established, but it remained in use in the Korean Goryeo dynasty and through the Joseon. Literature suggests that the same materials were used for ip-yeong from the beginning of Joseon to the end of the dynasty. Guyeongja refers to a ring that connects an ipja to a chin strap. Guyeongja made with silver, bronze and jade still remain. In gungjungbalgi, the royal court inventory book, records of imogarye can be found (1882), where ten pairs of pure gold strap rings and ten pairs of gold-plated ones were used for a royal wedding.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.49-97
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• 2014

This study is about the availability of Chinese internal arbitration institutions by Korean invested companies. Generally, Chinese internal arbitration institutions lack independence from government. However, because parties seeking an arbitration award have ways to get neutrality from internal arbitration institutions that guarantee party autonomy, these Korean companies can use Chinese internal arbitration institutions to resolve disputes in China. Special attention should be given to the following. First, because Korean companies invested in China are legally in the same position as Chinese companies, unless foreign-related factors intervene, when disputes occur with Chinese companies or individuals, the disputes correspond to internal dispute, and when it comes to choosing the arbitration institution, these Korean companies must choose either a Chinese internal arbitration institution or foreign-related arbitration institution. Second, most Chinese internal arbitration institutions still lack independence from government, which can influence the fairness of arbitration in the future. Therefore, Korean companies invested in China should think about alternative ways to get a minimum impartiality in arbitration cases. Third, the parties are allowed to choose arbitration rules freely in Beijing, Xian, Chongqing, Guangzhou, and Hangzhou arbitration commissions. Therefore, in arbitration cases, the parties can get impartiality by choosing arbitrators according to the arbitration rules which they agree on, or by choosing partially modified arbitration rules of those arbitration commissions. Fourth, in order to get an impartial arbitration award from Chinese internal arbitration institutions in China, it is important for Korean lawyers or arbitration experts -- fluent in Chinese -- to be registered in the List of Arbitrators of Chinese internal arbitration institution by way of signing a MOU between the Korean Commercial Arbitration Board, or the Korean Association of Arbitration Studies and arbitration commissions such as those of Beijing, Xian, Chongqing, Guangzhou, and Hangzhou which comparatively do guarantee party autonomy. Fifth, because application of the preservation of property before application of arbitration is not approved in China, in practice, in order to preserve property before application of arbitration, it is best to file another suit in China based on other legal issue (e.g., tort) independent from the contract which an arbitration agreement is applied to. Sixth, in arbitration commissions which allow different agreement regarding arbitration procedures or arbitration rules, it is possible to choose a neutral arbitrator from a third country as a presiding arbitrator via UNCITRAL arbitration rules or ICC arbitration rules. Seventh, in the case of Chinese internal arbitral award, because the court reviews the substantive matters to decide the refusal of compulsory execution, the execution rate could be relatively lower than that of foreign-related cases. Therefore, when Korean companies invested in China use Chinese internal arbitration institution, they should endure low rate of execution. Eighth, considering the operational experiences of public policy on foreign-related arbitration awards so far, in cases of Chinese internal arbitration award, the possibility of cancellation of arbitral award or the possibility to refuse to execute the award due to public policy is thought to be higher than that of foreign arbitral awards. Ninth, even though a treaty on judicial assistance in civil and commercial matters has been signed between Korea and China, and it includes a provision on acknowledgement and enforcement of arbitral award, when trying to resolve disputes through Chinese internal arbitration institution, the treaty would not be a big help to resolve the disputes, because the disputes between Korean companies invested in China and the party in China are not subject to the treaty. Tenth, considering recent tendency of conciliation by the arbitral tribunal in China and the voluntary execution rate of the parties, the system of conciliation by the arbitral tribunal is expected to affect as a positive factor the Korean companies that use Chinese internal arbitration institution. Finally, when using online arbitration, arbitration fees can be reduced, and if the arbitration commissions guaranteeing party autonomy have online arbitration system, the possibility of getting impartial arbitration award through them is higher. Therefore, the use of online arbitration system is recommended.

• Journal of Korean Medical classics
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• v.3
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• pp.444-500
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• 1989

I have felt seriously a desire to study and analyse the medicine of the period of the Three Kingdoms when I thought and studied the ancient medical history. Therefore in Chapter II I inquired into the background of Politico-social and the currency of thought. In the Chapter III inquired into the system of Medical politics in the period of the Three Kingdoms. In the Chapter IV inquired into the general view of the period of the Three Kingdoms. In the Chapter V inquired into the writings of Medicine and Doctors. From this study, I reached at following-conclusions. 1. The Three Kingdoms are politically opposed to each other, but socialo culturaly cooperated, connected each other to import the technique and thought which developed in China, so generally their system and life pattern are alike. 2. On the system of medical politcics Goguryeo(高句麗) had the system of court phisician, Baek jeo(百濟) had medical doctor and collector in the Ministry of Drug which took charge of teaching and medical treatment and specially had spellchanting doctor who treat epidermic and psychological diease untreated with herb and acupuncture, Shilla(新羅) had the system of Yak chun which was charge of teaching and treatment, and had the Chimbang(針房) which assist doctor in the system of Yagchun(藥典制度). 3. The medical interchange with China made the Three Kingdoms to import the medical books. So the theory of medicine was systematized and the art of treatment developed. In the aspect of Herb the Three Kingdoms and China actively exchange their own district product. 4. The medicine of Three Kingdoms accommodated Yin Yang Ohang theory(陰陽五行說), the theory of body compose with four element(四大 : 地水火風) and the theory of life cultivation and breathing(導引養生說) with Therefore in many aspect of oriental medicine basic theory and treatment would improved. 5. The epidermic diease occurred in period of Three Kingdoms, is represented Yeok(疫), that is after all Ohn Diease(溫病), and epidermic diease, is relfected by earthquake, heavy rain, terrible droughty and eclipse of sun. The treatment of this diease did not developed in that time, we presume that there are many persons killed. 6. As the record of five starr(五星), comet(彗星) and eclipse of sun was showed, the astronomy of oriental medicine in the Three Kingdoms was high level and it became the mothers womb of Korean astronomy. 7. The medicine of the Three Kingdoms, concreted with Chinese medicine and their own ancient one, was reflect on Japanese medicine to improve the medical theory and treatment. 8. The Three Kingdoms peculiarly published Korea Nosabang(高麗老師方) Baekjyeo Shinjipbang(百濟新集方), so this independent medicine reflected on the development of natural hurb(鄕約) of the period of Korea(高麗).

• Korea Trade Review
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• v.42 no.2
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• pp.205-225
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• 2017

The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

• Journal of the Korean Home Economics Association
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• v.19 no.2
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• pp.123-133
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• 1981

If we are to define that the traditional costume is a comprehensive expression of the culture, thoughts, and arts of a country, it is needless to say that the traditional costume would have always reflected the social and cultural aspects of the times. In order words, the cultural contemplation of a certain people at some point the history is only possible when we observe the distintive features of the costume worn by the people of respective times. Although the Korean people had the native costume of its own from the times of the Ancient Choson to the Three Kingdoms of Koguryo, Paekche, and Silla, the Chinese influence on Korean traditional costume became somewhat pronounced ever since the Silla strenghtened the political ties with the T'ang dynasty in China, and it came to a climax when the dual structure in Korean native costume, being compounded with the Chinese touch, continued to be prevailed from the era of the Unified Silla to the Koryo and throughout the succeeding Yi dynasty, thereby copying the typical aspects of Chinese pattern in clothing and dresses worn by the ruling classes, namely the goverment officials including the Kings. Therefore, it is our aim to study the pattern of Chinese influence on our traditional costume, as well as social and cultural aspects by way of contrasting and comparing our official outfit system, which had been developing in dualism since the era of the Unified Silla, with that of China, and to trace in part the Korean traditional costume. In comparing our traditional official outfit system with that of China, we have basically concentrated on the comparison of the official outfit systems during the periods of the Three Kingdoms, the Koryo, and The Yi dynasty with that of corresponding era of Chinese history, namely the dynasties of T'ang, Sung, and Ming, and followed the documentary records for the comparison. Koreans had fallen into the practice of worshipping the powerful in China and begun to adopt the culture and institutions of the T'ang dynasty since the founding of the Unified Silla. From this time forth, Korean people started to wear the clothes in Chinese style. The style of clothing during the period of the Koryo Kingdom was deeply influenced by that of the T'ang and Sung dynasties in China, and it was also under the influenced of the Yuan dynasty(dynasty established by the Mongols) at one time, because of the Koryo's subordinative position to the Yuan. At the close of the Koryo dynasty, the King Kongmin ordered the stoppage on the use of 'Ji-Joung', the name of an era for the Yuan dynasty, in May of the eighteenth year of his rule in order to have the royal authority recognized by a newly rising power dominating the Chinese continent, the Mind. Kind Kongmin presented a memorial, repaying a kindness to the Emperor T'aejo of the Ming dynasty in celebration of his enthronement and requested that the emperor choose an official outfit, thereby the Chinese influence being converted to that of the Ming. As a matter of course, the Chinese influence deepened all the more during the era of the Yi dynasty coupled with the forces of the toadyic ideology of worshipping the China, dominant current of the times, and the entire costume, from the imperial crown and robe to the official outfit system of government officials, such as official uniforms, ordinary clothes, sacrificial robes, and court dresses followed the Chinese style in their design. Koreans did not have the opportunity of developing the official outfit system on its own and they just wore the official outfit designated on separate occasions by the emperors of China, whenever the changes in dynasty occurred in the continent. Especially, the Chinese influence had greatly affected in leading our consciousness on the traditional costume to the consciousness of the class and authority. Judging from the results, Koreans had been attaching weight to the formulation of the traditional outfit system for the ruling classes in all respective times of the history and the formulation of the system was nothing more than the simple following of the Chinese system.

• The Korean Journal of Food And Nutrition
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• v.25 no.2
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• pp.368-382
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• 2012

This paper investigated the system that is relevant to Jang(fermented soybean paste or solution), the relief of hunger-stricken people by Jang, 33 kinds of Jang, and its consumption in the documents, such as the annals of the Chosun Dynasty, Ihlseong-document, Seungjeongwon daily, Uigwe(record of national ceremony), official documents on the basis of Kyujanggak institute for the Korean studies and data base of Korean classics. There are lots of Jang named after the place of particular soybean's production from the ancient times. Jang, soybean, salt and Meju(source of Jang), during the Dynasty, were collected as taxation or tribute. In the 5th year of Hyeonjong(1664), the storage amount of soybean in Hojo(ministry of finance) was 16,200 $k{\ell}$, and its consumption was 7,694 $k{\ell}$ a year. In the 32nd year of Yongjo(1756), the 1,800 $k{\ell}$ of soybean was distributed to the people at the time of disaster, and in his 36th year(1756), the 15,426 $k{\ell}$ of soybean was reduced from the soybean taxation nationwide. The offices managing Jang are Naejashi, Saseonseo, Sadoshi, Yebinshi and Bongsangshi. Chongyoongcheong(Gyeonggi military headquarters) stored the 175.14 $k{\ell}$ of Jang, and the 198 $k{\ell}$ of Jang in Yebinshi. There are such posts managing Jang as Jangsaek, Jangdoo, and Saseonsikjang. In the year of Jeongjong(1777~1800), the royal family distributed the 3.6 $k{\ell}$ of Meju to Gasoon-court, Hygyeong-court, queen's mother-court, queen's court, royal palace. The 13.41 $k{\ell}$ of Gamjang(fermented soybean solution) was distributed to the Gasoon-court, 17.23 $k{\ell}$ to Hegyeong-court, 17.09 $k{\ell}$ to the queen's mother-court, and the 17.17 $k{\ell}$ to the queen's court each. There are 112 Jang-storing pots in the royal storages, and the 690 are in Namhan-hill, where the 2.7 $k{\ell}$ of fermented Jang was made and brought back by them each year. At the time of starvation, Jang relieved the starving people. There are 20 occasions of big reliefs, according to the annals of the Chosun Dynasty. In the 5th year of Sejong(1423), the 360 $k{\ell}$ of Jang was given to the hunger-stricken people. In his 6th year(1424), the 8,512.92 $k{\ell}$ of rice, bean, and Jang was provided and in the 28th year(1446), the 8,322.68 $k{\ell}$ of Jang was also provided to them. In the Dynasty, Jang was given as a salary. In case that when they were bereaved, they didn't eat Jang patiently for its preservation. They were awarded for their filial piety. In the annals of the Chosun Dynasty, there are 19 kinds of Jang. They are listed in the order of Jang(108), Yeomjang(90), Maljang(11), Yookjang(5), Gamjang(4), and etc.,. In Seungjeongwon daily, there are 11 kinds of Jang. Jang(6), Cheongjang (5), Maljang(5), and Tojang(3) are listed in order. In the Ihlseong-document, there are 5 kinds of Jang. They are listed in Jang(15), Maljang(2), Gamjang(2), and etc.,. There are 13 kinds of Jang in Uigwe, and the official documents, in the order of Gamjang(59), Ganjang(37), Jang(28), Yeomjang(7), Maljang(6), and Cheongjang(5). In addition, shi are Jeonshi(7), and Dooshi(4). All these are made of only soybean except, for Yookjang. The most-frequently recorded Jang among anthology, cookbook, the annals of the Chosun Dynasty, Ihlseong-document, Seoungjeongwon daily, Uigwe, or official document is Jang(372), and then Yeomjang(194), Gamjang(73), Cheongjang(46), Ganjang(46), Soojang(33), and Maljang(26), which were made of soybean. Jang from China in cookbook is not in anthology and royal palace documents. Thus, traditional Jang made of soybean was used in the daily food life in the royal court, and in the public during the Chosun period.

• Journal of Korea Technology Innovation Society
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• v.20 no.1
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• pp.127-152
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• 2017

China's utility model as a supplement to the invention patent, has short application duration, fast authorized speed, and has the same exclusive rights with patents, so companies can quickly dominate the market. But the utility model does not need to carry out substantive examination, so has lower stability, high frequency of invalid to accepted, so compare with the invention patent, difficult to be protected. In order to actively encourage the small and medium-sized enterprises to promote their inventions, and protect domestic patents, China established a protection policy of patent evaluation report for the utility model rights, especially the patent evaluation report can be used as evidence in a patent infringement trial, to provide judicial remedies for utility model patentee and the party of patent disputes. Many experts believe that the establishment of patent evaluation report system can improve the stability of the utility model patent right, and when the defendant request for invalidation of the patent right in the defense period, if there is no novelty, creativity lost or no other reason has not led to the stability of patent right given in a patent evaluation report of the utility model patents, the court may not suspend the trial, without having to wait for the Patent Reexamination Board makes the patent invalid declaration decisions, can improve the efficiency of the judicial process, accelerate the patentee's time. However, in practical patent infringement, the patent evaluation report system and invalidation system are in conflict. In this paper, through the analysis of the current China utility model system and compared with the South Korean utility model system, review the role and character of the patent evaluation report system, and through the actual cases of the utility model patent infringement litigation, analysis possible variates from the decision of patent evaluation report, to find out the reason of the patent evaluation report system being in conflict with the invalidation system, and research on the effectiveness for protecting Utility Model with China's Patent Evaluation Report.

• Journal of the Korean Society of Costume
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• v.19
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• pp.209-240
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• 1992

The costume of any nation is an attribute of a culture. This study concerns chinese and Mongolian costume's 'collar' form according to the observation of some reports about import folk materials and the pictures of the genuine objects, the author has investigated and rearranged them focusing on 13th Century's. 1. Traditional OverCoat or National costume on the poing of won dynasty in china such as Jacket, Coat, Mantle for making classical matching color, lacing, pearl pieces, and all costume shall be properly decorated and disigned. The example, Chinese Women's Gown and Double Jacket, on top of alignment of plaid, focus shall be placed on chinese classical form and color-matching, such as flowers and bireds, butterflies, made wishing ornaments, which shall be either hand painted or embroidered on collars, fronts, sleeves openings, and lower portion of gown. 2. Mongolian Costume, the stone status of a person, are seen at the territory of the Republic of Mongolia was a powerful country of Asia. So during the Mongolian Empire a lot of Missions from many countries came to kharakorom for establishing official relations between Mongolia and a country represented by mission. In particularly, the costume of mongols on the point of Chinggis khan Empire which the upper clothes in cluded ; a several kinds of the Caftan as compared with in Korea as to material (Silk caftan, Cotton Caftan, Fur Caftan) with closing to the right due to overlapping and Stand-up-Shawl Collars will pancho style & Round or V Neckline. 3. As compared with in Korea it is said that this a sort of Simui was brought in prior to the middle of Koryeo dynasty. Korean Simui system was complied with chinese system through confucian domestic behaviour. This was respected for court dress of confucian scholars, as it was, Chumri can ordinary dress of schloars) and Hakchangui ( a uniform of confucian student). Generally its form or shape of the outer lapels of Korean jacket were used together Squar-Tray-Collar. In late Yi-dynasty the inside collar length was longer than the outside collar length and the width of the collar was gradually narrow. And so the Traditional costume's outer collar of Jacket and OverCoat became small while the width and length of breast-tie became large. The same thing as the form of the collar on these days had been appeared by the design method or adjust one's dress. Therefore the form of collar in the china and Mongolian Traditional OverCoat & National Costume is fix arranged according to Stand up Collar, Without Collar, Clothing to the Right, Central opening, Horizontal Row of Button with Round or V Neckline and so on.

• Journal of the Korean Society of Costume
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• v.50 no.7
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• pp.15-31
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• 2000

1. After the Chu Dynasty(周代), we can confirm the fish shape mark made of stones as the relics of the Chunkuk dynasty(戰國時代). In the Shu Dynasty(隋代), the system of bamboo and the rabbit shape mark made of silver into the fish shape mark. As it were, made of bamboo or siltier changed into the fish shape mark made of jade, gold, silver or wood. 2. In the Dang Dynasty(唐代), the used the fish shape credit mark made of jade, gold, silver, copper or textile, according to their classes. According to one's posit the man who wore purple, red coat, credit mark made a gold and silver. attached with putting them in fish bags. 3. In the Ryo Dynasty(遼代), there was also a system of attaching marks. The emperor was hanging the fish shape and the officials attached the double fish shape to the common dress. fish shape of jade. gold, amber, agate, silver or copper. without any fish bag. 4. The Song Dynasty(宋代) followed the system of the Dang Dynasty they used only the fish shape bags without marks in them. Hanging the fish shape bags made of gold and silver at the back side of the belt. 5. The Gin Dynasty(金代) carried out the system of made jade, gold or silver like the Dang, Song and Ryo Dynasty. In the Sejong Kingdom a system of paper card was carried out as the credit mark of the eighth and the ninth grade. 6. In the Ming Dynasty(明代), the military official general attached the golden, silver, ivory of jade, wood and copper cards with their positions and names. 7. Following the Dang Dynasty, Japan made of fish shape bags to their clothes. Colors of their fish shape marks were same as their clothes. They made the marks, such as crystal, cow's horn, lead and nickel and plated them with gold or silver. 8. In Korea, Pohai(발해) established the fish shape credit mark differed in material. gold, silver or copper according to their positions. We can confirm the Unified Silla(南國;統一新羅), carried out the system of attaching the fish shape in Chonma Chong(천마총), Golden Crown Chong(金冠塚), the King's 13-17 belt ring unearthed at the north part of Court South threat Chong(황남대총), the fish shape golden or silver, to their purple or red ceremonial coats. In the Koryo Dynasty(高麗), like the Dang, Song and Pohai, they attached the fish shape golden or silver marks, to their purple or red ceremonial coats.

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