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Indonesia, Malaysia Airline's aircraft accidents and the Indonesian, Korean, Chinese Aviation Law and the 1999 Montreal Convention

  • Kim, Doo-Hwan
    • 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.

Analysis of Football Fans' Uniform Consumption: Before and After Son Heung-Min's Transfer to Tottenham Hotspur FC (국내 프로축구 팬들의 유니폼 소비 분석: 손흥민의 토트넘 홋스퍼 FC 이적 전후 비교)

  • Choi, Yeong-Hyeon;Lee, Kyu-Hye
    • Journal of Intelligence and Information Systems
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    • v.26 no.3
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    • pp.91-108
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    • 2020
  • Korea's famous soccer players are steadily performing well in international leagues, which led to higher interests of Korean fans in the international leagues. Reflecting the growing social phenomenon of rising interests on international leagues by Korean fans, the study examined the overall consumer perception in the consumption of uniform by domestic soccer fans and compared the changes in perception following the transfers of the players. Among others, the paper examined the consumer perception and purchase factors of soccer fans shown in social media, focusing on periods before and after the recruitment of Heung-Min Son to English Premier League's Tottenham Football Club. To this end, the EPL uniform is the collection keyword the paper utilized and collected consumer postings from domestic website and social media via Python 3.7, and analyzed them using Ucinet 6, NodeXL 1.0.1, and SPSS 25.0 programs. The results of this study can be summarized as follows. First, the uniform of the club that consistently topped the league, has been gaining attention as a popular uniform, and the players' performance, and the players' position have been identified as key factors in the purchase and search of professional football uniforms. In the case of the club, the actual ranking and whether the league won are shown to be important factors in the purchase and search of professional soccer uniforms. The club's emblem and the sponsor logo that will be attached to the uniform are also factors of interest to consumers. In addition, in the decision making process of purchase of a uniform by professional soccer fan, uniform's form, marking, authenticity, and sponsors are found to be more important than price, design, size, and logo. The official online store has emerged as a major purchasing channel, followed by gifts for friends or requests from acquaintances when someone travels to the United Kingdom. Second, a classification of key control categories through the convergence of iteration correlation analysis and Clauset-Newman-Moore clustering algorithm shows differences in the classification of individual groups, but groups that include the EPL's club and player keywords are identified as the key topics in relation to professional football uniforms. Third, between 2002 and 2006, the central theme for professional football uniforms was World Cup and English Premier League, but from 2012 to 2015, the focus has shifted to more interest of domestic and international players in the English Premier League. The subject has changed to the uniform itself from this time on. In this context, the paper can confirm that the major issues regarding the uniforms of professional soccer players have changed since Ji-Sung Park's transfer to Manchester United, and Sung-Yong Ki, Chung-Yong Lee, and Heung-Min Son's good performances in these leagues. The paper also identified that the uniforms of the clubs to which the players have transferred to are of interest. Fourth, both male and female consumers are showing increasing interest in Son's league, the English Premier League, which Tottenham FC belongs to. In particular, the increasing interest in Son has shown a tendency to increase interest in football uniforms for female consumers. This study presents a variety of researches on sports consumption and has value as a consumer study by identifying unique consumption patterns. It is meaningful in that the accuracy of the interpretation has been enhanced by using a cluster analysis via convergence of iteration correlation analysis and Clauset-Newman-Moore clustering algorithm to identify the main topics. Based on the results of this study, the clubs will be able to maximize its profits and maintain good relationships with fans by identifying key drivers of consumer awareness and purchasing for professional soccer fans and establishing an effective marketing strategy.