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Recent Trends in Compensation for Mental Anguish of Airline Passengers (항공여객의 정신적 손해배상에 관한 최근 동향 - 미국 연방법원 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.33-62
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    • 2020
  • The current air transportation industry is facing a lot of changes not only in the quantitative growth of the market, but also in the legal aspects. For many years, the Warsaw Convention has contributed to the uniform discipline of civil carriers' legal liabilities arising from international aviation accident and has fulfilled the duties of legal guardians for the development of the air transport industry. In the process, however, the consumer interests of the air transport industry did not have much protection compared to other industries. In response, the Montreal Convention has effected for protecting the interests of aviation consumers, and there are numerous legal changes around the world to protect aviation consumers like passengers. The mental damages of airline passengers arising from the accident can also be understood as part of the protection of air consumers. Considering that the US Federal Court has dealt with the recognition of mental damages for air passengers since the early 1990s. However, Korean judicial precedent still excludes mental anguishes from the scope of damage compensation. From this point of view, it is considered academically meaningful to analyze the latest case of the US federal court. Recently, the United States Court of Appeal for the Sixth Circuit in Doe v Etihad Airways applied a different interpretation against the traditional opinion: passengers could not recover for mental distress unless that mental distress resulted from a bodily injury sustained in an airplane accident. The background of the court's conclusions can be explained in many ways, among other things, unlike the Warsaw Convention the new international rule, Montreal Convention is recognizing the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution.

A Study on The Diaspora-Consciousness of Author in the travel-siga of Korean-American Writer Hong-Eun$(1880{\sim}1951)$ (재미작가 홍언의 미국기행시가에 나타난 디아스포라적 작가의식)

  • Park, Mi-Young
    • Sijohaknonchong
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    • v.25
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    • pp.175-209
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    • 2006
  • This study focuses on Korean-American writer Hong-Eun$(1880{\sim}1951)'s$ American travel gasaes and sis who played an active role under the rule of Japanese imperialism. This study also investigates Hong-Eun's experience and expression on American travel and culture and discusses his changes in stream of consciousness. According to American travel sigaes which were published in the New Koren Times in 1936. 1937, and 1949, his consciousness can be summarized as follows. First travel siga depicts his inner conflict as a refugee who lost one's home country. That is to say. by observing Indians' losing identity and their miserable labor conditions, he developed his own critical eyes on American society. Eventually he missed his country desperately and sought for the ways of his returning there. Second travel sijo reveals his own agony about not be able to return his home country where he could Possibly visit. In other words, after suffering from his agony, it is evident that he started to take positive attitude towards American society and establish his own identity. Based upon Hong-Eun's changes in consciousness as a writer, the researcher hypothesizes that there exists Diaspora-Consciousness in his work. His consciousness is strongly related with his attitude towards his home country whether it Is positive or vice versa. When his home country declared her independence. his attitude towards immigrant society was positively changed, which was quite contradictory from his previous one. In this transition period, not only he accepted American ideology and life, but he re-conceptualized them as a Korean mode. In sum, Hong-Eun's mental traces lie on the core of hybrid and diaspora which Post-Colonial literature values highly of.

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Analysis of Stress Response of Domestic Chicken Breeds for the Development of a New Synthetic Parent Stock (국산 종계 개발을 위한 토종 계통들의 스트레스 반응 정도 분석)

  • Sohn, Sea Hwan;Cho, Eun Jung;Park, Ji Ae;Hong, Young Ho;Kim, Chong Dae
    • Korean Journal of Poultry Science
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    • v.42 no.2
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    • pp.157-167
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    • 2015
  • We compared the degrees of stress response of 12 domestic purebred chicken strains that have been bred at National Institute of Animal Science, RDA, Korea since 1980. As a physiological marker of stress response, the expression levels of heat shock protein (HSP)-70, HSP-$90{\alpha}$, HSP-$90{\beta}$, hydroxyl-3-methyl-glutaryl coenzyme A reductase (HMGCR) genes and telomere length were measured by quantitative real-time polymerase chain reaction using the lymphocytes of 1,101 chickens. There was significant difference in HSP-70, HSP-$90{\alpha}$, HMGCR expression and telomere length among the strains. There was also significant difference in HSP-$90{\alpha}$, HSP-$90{\beta}$, and HMGCR expression between male and female chickens. Different age groups of chicken exhibited different expression levels of HSP-70, HSP-$90{\alpha}$ and telomere length. The results of the HSPs expression level suggested that, the strains of R, L and Y were highly resistant to stress, whereas the strains of S, O and W were susceptible to stress. Although the statistical differences in some of HSPs gene expression existed between genders, the HSP expression results varied in different strains that some opposed to the others, and there might be interaction between strains and genders, which conclude that there was no difference in stress response between male and female chickens. Moreover, despite of significant difference in some of HSPs expression level, it was considered that there was no difference in stress response between ages due to the inconsistent trends among HSP markers.

Establishment of an Analytical Method for Determination of Fungicide Oxathiapiprolin in Agricultural Commodities using HPLC-UV Detector (HPLC-UVD를 이용한 농산물 중 살균제 Oxathiapiprolin의 잔류분석법 확립)

  • Jang, Jin;Kim, Heejung;Do, Jung Ah;Ko, Ah-Young;Lee, Eun Hyang;Ju, Yunji;Kim, Eunju;Chang, Moon-Ik;Rhee, Gyu-Seek
    • Journal of Food Hygiene and Safety
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    • v.31 no.3
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    • pp.186-193
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    • 2016
  • An analytical method was developed for the determination of oxathiapiprolin in agricultural commodities. Oxathiapiprolin is a new oomycide (fungicide of piperidinyl thiazole isoxazoline class) which controls downy mildew in cucurbits caused by Pseudoperonospora cubensis (oomycete plant pathogen). Agricultural commodities were extracted with acetonitrile and partitioned with dichloromethane to remove the interference, adjusting pH between 9 and 10 by 1 N sodium hydroxide. After purification by silica SPE cartridge to clean up the interference of organic compounds, they were finally quantified by HPLC-UVD (high performance liquid chromatograph ultraviolet detector) using a wavelength at 260 nm and confirmed by LC-MS (liquid chromatograph mass spectrometer) in electro-spray ionization positive ion mode. The standard calibration curve was linear with coefficients of determination ($r^2$) 1.00 over the calibration ranges (0.025-2.5 mg/L). Recoveries were ranged between 86.7 to 112.7%, with relative standard deviations less than 10% at three concentration levels (LOQ, 10LOQ, and 50LOQ) performing five replicates. The overall results were determined and estimated according to the CODEX guidelines (CAC/GL40). The proposed method for determination of oxathiapiprolin residues in agricultural commodities can be used as an official method.

Histomorphometric study of machined titanium implants and calcium phosphate coated titanium implants (Machined 티타늄 임플란트와 calcium phosphate coated 티타늄 임플란트의 조직형태계측학적 연구)

  • Kang, Hyun-Joo;Yang, Jae-Ho
    • The Journal of Korean Academy of Prosthodontics
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    • v.48 no.2
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    • pp.122-127
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    • 2010
  • Purpose: The objective of this study was to investigate the effects of calcium phosphate coated titanium implant surface on bone response and implant stability at early stage of healing period of 3 weeks and later healing period of 6 weeks. Material and methods: A total of 24 machined, screw-shaped implants (Dentium Co., Ltd., Seoul, Korea) which dimensions were 3.3 mm in diameter and 5.0 mm in length, were used in this research. All implants (n = 24), made of commercially pure (grade IV) titanium, were divided into 2 groups. Twelve implants (n = 12) were machined without any surface modification (control). The test implants (n = 12) were anodized and coated with thin film (150nm) of calcium phosphate by electron-beam deposition. The implants were placed on the proximal surface of the rabbit tibiae. The bone to implant contact (BIC) ratios was evaluated after 3 and 6 weeks of implant insertion. Results: The BIC percentage of calcium phosphate coated implants ($70.8{\pm}18.9%$) was significantly higher than that of machined implants ($44.1{\pm}16.5%$) 3 weeks after implant insertion (P = 0.0264). However, there was no significant difference between the groups after 6 weeks of healing (P > .05). Conclusion: The histomorphometric evaluation of implant surface revealed that; 1. After 3 weeks early healing period, bone to implant contact (BIC) percentage of calcium phosphate coated implants (70.8%) was much greater than that of surface untreated machined implants (44.1%) with P = 0.0264. 2. After 6 weeks healing period, however, BIC percentage of calcium phosphate coated implants group (79.0%) was similar to the machined only implant group (78.6%). There was no statistical difference between two groups (P = 0.8074). 3. We found the significant deference between the control group and experimental group during the early healing period of 3 weeks. But no statistical difference was found between two groups during the later of 6 weeks.

A study on an evaluation model for industrial information systems by industry sectors (업종별 특성을 고려한 기업정보화 성숙모형)

  • 진경수;임춘성;박찬권
    • Proceedings of the CALSEC Conference
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    • 2002.01a
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    • pp.86-106
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    • 2002
  • Informatization is a process that corporation's external environmental factors and internal environmental factors influence as complex. is a phenomenon that appears via this process. To evaluate that informatization was propeled well or informatization level is high can be dangerous work extremely by only once-over-lightly some factors, organization information ability is superior or infrastructure is constructed well. Therefore, an evaluation for industrial information systems that consider corporation's external environment and internal environment configurationally and objective estimation through this is required in national dimension. This research sorted types of business using types of business classification of 2001 EIII(Evaluation Indices of Industrial Informatization) laying stress on corporation's product and product production process for reflecting various industrial classification. And we are dividing whole our country corporations by manufacture industry, the construction industry, distribution industry, service industry, banking industry 5 types of business. To see such classed types industry classification from consistent viewpoint, we saw them within new framework, purchase, operation, physical distribution, marketing and sale. service etc. laying stress on primary businesses except support businesses of planning, financial management etc. To draw special quality of business center from primary business of each types of business, we draw industry classification Key Capability that centers when plans corporation's corporate strategy and information strategy. And we deducted industrial classification key production business connected with industry classification Key Capability. After drawing an evaluation items for industrial information systems in informatization analysis viewpoint laying stress on drawn businesses. Finally we did Case Study by making out an evaluation for industrial information systems questionnaire that considers special quality of manufacturing industry. Through EIII that consider the industrial classification, we could know that it explains the corporation's purchase, production, distribution in general and detail.

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Changes in Growth Rate and Carbon Sequestration by Age of Landscape Trees (조경수목의 수령에 따른 생장율과 탄소흡수량 변화)

  • Jo, Hyun-Kil;Park, Hye-Mi
    • Journal of the Korean Institute of Landscape Architecture
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    • v.45 no.5
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    • pp.97-104
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    • 2017
  • Greenspace enlargement through proper landscape planting is essential to creating a low carbon society. This study analyzed changes in stem diameter growth rates(DGR), ratios of below ground/above ground biomass(B/A), and carbon sequestration by age of major landscape tree species. Landscape trees for study were 11 species and 112 individuals planted in middle region of Korea. The DGR and B/A were analyzed based on data measured through a direct harvesting method including root digging. The carbon sequestration by tree age was estimated applying the derived regression models. The annual DGR at breast height of trees over 30 years averaged 0.72 cm/yr for deciduous species and 0.83 cm/yr for evergreen species. The B/A of the trees over 30 years averaged 0.23 for evergreen species and 0.40 for deciduous species, about 1.7 times higher than evergreen species. The B/A by age in this study did not correspond to the existing result that it decreased as tree ages became older. Of the study tree species, cumulative carbon sequestration over 25 years was greatest with Zelkova serrata(198.3 kg), followed by Prunus yedoensis(121.7 kg), Pinus koraiensis(117.5 kg), and Pinus densiflora (77.4 kg) in that order. The cumulative carbon sequestration by Z. serrata offset about 5% of carbon emissions per capita from household electricity use for the same period. The growth rates and carbon sequestration for landscape trees were much greater than those for forest trees even for the same species. Based on these results, landscape planting and management strategies were explored to improve carbon sequestration, including tree species selection, planting density, and growth ground improvement. This study breaks new ground in discovering changes in growth and carbon sequestration by age of landscape trees and is expected to be useful in establishing urban greenspaces towards a low carbon society.

A Case Study of Configuration Strategy and Context in Everyday Artifacts - Concentrated on analysis by Creativity Template Theory and Artifact Context Model - (일상 디자인산물의 구성배치 전략과 맥락에 관한 연구 - 창조성템플릿이론과 산물맥락모델을 이용한 분석을 중심으로 -)

  • Jin Sun-Tai
    • Archives of design research
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    • v.19 no.4 s.66
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    • pp.41-50
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    • 2006
  • It is generally regarded a design system in post-industrial society, which products designed by in-house designers or design consultancy are manufactured in factory and distributed in market for the consumer. Although it is treated an old design system in traditional society, the traces of vernacular design has been remaining in the state of adopted to the periodical needs in these days, also proving the attribute of design culture to constitute human's material environment as well as existing design systems. There were discovered various design artifacts in daily surroundings vary from the established design in several manners, user modifications or manufactures in everyday lives formalized them. It was approached a case study that analyze the changes of artifact configuration and designer/user context and creation process of the non-professional design artifacts, Creativity Template Theory and ACM(Artifact Context Model) have been utilized for the analysis model. From the analysis result, It assume that the everyday artifacts may be ordinary but extra-ordinary including particular ideas and identity represented by everyday designers or users. Beside these characteristics induce the potentiality that reflect on creative motives for the designers or a complementary artifact generator filling up with drawbacks in established design system. The everyday design domain, various explorations and alternatives are made, is seems to be another design practice domain dissimilar to the one in the industry-based design. Moreover it provides an more easily accessability for the approaching user-friendly design, user customization because they conduct the reliable modeling of consumer and end-user. Finally, based on the exploratory study regarding interpretation of context and configuration in the everyday artifacts, new approach for the design process and design education through more detailed cognitive modeling of everyday designers will be a further study.

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A study of intakes of vegetables in Korea (한국(韓國)의 채소(菜蔬) 음식(飮食) 문화(文化))

  • Cho, Mi-Sook
    • Journal of the Korean Society of Food Culture
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    • v.18 no.6
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    • pp.601-612
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    • 2003
  • In Korean history, vegetables were the major side dishes of meals and originally korean diets were based on vegetables. But recently people prefer meat dishes rather than vegetables and traditional vegetable cooking seems to be disappeared. So it is needed to be positioning the importance of vegetables in food culture of Korean. In present study, history of vegetable eating was reviewed and recent consumption pattern were analyzed. 1. Since the era of the three Kingdom's and Koryo dynasty, the kinds of vegetables varied and at Chosun Dynasty people used similar kinds of vegetables as nowadays except a few things. A Garlic and mug wort had been used from the age of tribes to present and an egg, apple, cucumber, lettuce from the three Kingdom and a bamboo sprout, a taro, a burdock, a radish, a turnip, a stone-leek, a scallion, a Chinese cabbage, a marsh mallow, a spinach and a crown daisy from Koryo Dynasty and a pepper, a pumpkin, a tomato, a cabbage, a salary, a kale, a turnip and a beet from Chosun Dynasty to present. A guard, a water shield plant, a yam and wild plants would have been used before but they would not use any more. 2. Current vegetable consumptions of Korean is 232.2kg/person/yr and comparing with world mean consumption(101.9kg), Koreans still eat the largest amount of vegetables than any other countries and among Asian countries, Koreans consume more vegetables than China(203.5kg) and Japanese people(111.6kg) do. 3.The most frequently consumed vegetables were vegetables for seasonings such as a garlic or stone-leek and for kimchi such as a Chinese cabbage, radish, and carrot. But from data of Korean National Health and Nutrition Survey(2001), kinds of vegetables which people had were only 72 items showing that the kinds of vegetables were limited. 4. A lot of wild plants that would have been used for famine relief are now disappeared and on the other hand, it is increasing of some new and foreign vegetables and herbs. Cooking methods and intake pattern of vegetables are changed and varied so a traditional cooking method such as namuel is less preferred than before. But vegetable wrapping and green vegetable juice, eating uncooked vegetables(sang-sik) are very popular.

Distribution Characteristics Analysis of Pine Wilt Disease Using Time Series Hyperspectral Aerial Imagery (소나무재선충병 발생시기별 피해목 탐지를 위한 시계열 초분광 항공영상의 활용)

  • Kim, So-Ra;Kim, Eun-Sook;Nam, Youngwoo;Choi, Won Il;Kim, Cheol-Min
    • Korean Journal of Remote Sensing
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    • v.31 no.5
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    • pp.385-394
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    • 2015
  • Pine wilt disease has greatly damaged pine forests not only in East Asia including South Korea and China, but also in European region. The damage caused by pine wood nematode (Bursaphelenchus xylophilus) is expressed in bundles within stands and rapidly spreading, however, present field survey methods have limitations to detecting damaged trees at regional level. This study extracted the damaged trees by pine wilt disease using time series hyperspectral aerial photographs, and analyzed their distribution characteristics. Hyperspectral aerial photographs of 1 meter spatial resolution were obtained in June, September, and October. Damaged trees by pine wilt disease were extracted using Normalized Difference Vegetation Index (NDVI) and Vegetation Index green (VIgreen) of the September photograph. Among extracted damaged trees, dead trees with leaves and without leaves were classified, and the spectral reflectance values from the photographs obtained in June, September, and October were compared to extract new outbreaks in September and October. Based on the time series dispersion of extracted damaged trees, nearest neighbor analysis was conducted to analyze distribution characteristics of the damaged trees within the region where hyperspectral aerial photographs were acquired. As a result, 2,262 damaged trees were extracted in the study area, and 604 dead trees (dead trees in last year) with leaves in relation to the damaged time and 300 and 101 newly damaged trees in September and October were classified. The result of nearest neighbor analysis using the data shows that aggregated distribution was the dominant pattern both previous and current year in the study area. Also, 80% of the damaged trees in current year were found within 60 m of dead trees in previous year.