• Title/Summary/Keyword: rules

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"Liability of Air Carriers for Injuries Resulting from International Aviation Terrorism" (국제항공(國際航空)테러리즘으로 인한 여객손해(旅客損害)에 대한 운송인(運送人)의 책임(責任))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.47-85
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    • 1989
  • The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

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International Space Law on the Protection of the Environment (환경보호에 관한 국제 우주법연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.205-236
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    • 2010
  • This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

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A Method for Evaluating News Value based on Supply and Demand of Information Using Text Analysis (텍스트 분석을 활용한 정보의 수요 공급 기반 뉴스 가치 평가 방안)

  • Lee, Donghoon;Choi, Hochang;Kim, Namgyu
    • Journal of Intelligence and Information Systems
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    • v.22 no.4
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    • pp.45-67
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    • 2016
  • Given the recent development of smart devices, users are producing, sharing, and acquiring a variety of information via the Internet and social network services (SNSs). Because users tend to use multiple media simultaneously according to their goals and preferences, domestic SNS users use around 2.09 media concurrently on average. Since the information provided by such media is usually textually represented, recent studies have been actively conducting textual analysis in order to understand users more deeply. Earlier studies using textual analysis focused on analyzing a document's contents without substantive consideration of the diverse characteristics of the source medium. However, current studies argue that analytical and interpretive approaches should be applied differently according to the characteristics of a document's source. Documents can be classified into the following types: informative documents for delivering information, expressive documents for expressing emotions and aesthetics, operational documents for inducing the recipient's behavior, and audiovisual media documents for supplementing the above three functions through images and music. Further, documents can be classified according to their contents, which comprise facts, concepts, procedures, principles, rules, stories, opinions, and descriptions. Documents have unique characteristics according to the source media by which they are distributed. In terms of newspapers, only highly trained people tend to write articles for public dissemination. In contrast, with SNSs, various types of users can freely write any message and such messages are distributed in an unpredictable way. Again, in the case of newspapers, each article exists independently and does not tend to have any relation to other articles. However, messages (original tweets) on Twitter, for example, are highly organized and regularly duplicated and repeated through replies and retweets. There have been many studies focusing on the different characteristics between newspapers and SNSs. However, it is difficult to find a study that focuses on the difference between the two media from the perspective of supply and demand. We can regard the articles of newspapers as a kind of information supply, whereas messages on various SNSs represent a demand for information. By investigating traditional newspapers and SNSs from the perspective of supply and demand of information, we can explore and explain the information dilemma more clearly. For example, there may be superfluous issues that are heavily reported in newspaper articles despite the fact that users seldom have much interest in these issues. Such overproduced information is not only a waste of media resources but also makes it difficult to find valuable, in-demand information. Further, some issues that are covered by only a few newspapers may be of high interest to SNS users. To alleviate the deleterious effects of information asymmetries, it is necessary to analyze the supply and demand of each information source and, accordingly, provide information flexibly. Such an approach would allow the value of information to be explored and approximated on the basis of the supply-demand balance. Conceptually, this is very similar to the price of goods or services being determined by the supply-demand relationship. Adopting this concept, media companies could focus on the production of highly in-demand issues that are in short supply. In this study, we selected Internet news sites and Twitter as representative media for investigating information supply and demand, respectively. We present the notion of News Value Index (NVI), which evaluates the value of news information in terms of the magnitude of Twitter messages associated with it. In addition, we visualize the change of information value over time using the NVI. We conducted an analysis using 387,014 news articles and 31,674,795 Twitter messages. The analysis results revealed interesting patterns: most issues show lower NVI than average of the whole issue, whereas a few issues show steadily higher NVI than the average.

Prediction of commitment and persistence in heterosexual involvements according to the styles of loving using a datamining technique (데이터마이닝을 활용한 사랑의 형태에 따른 연인관계 몰입수준 및 관계 지속여부 예측)

  • Park, Yoon-Joo
    • Journal of Intelligence and Information Systems
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    • v.22 no.4
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    • pp.69-85
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    • 2016
  • Successful relationship with loving partners is one of the most important factors in life. In psychology, there have been some previous researches studying the factors influencing romantic relationships. However, most of these researches were performed based on statistical analysis; thus they have limitations in analyzing complex non-linear relationships or rules based reasoning. This research analyzes commitment and persistence in heterosexual involvement according to styles of loving using a datamining technique as well as statistical methods. In this research, we consider six different styles of loving - 'eros', 'ludus', 'stroge', 'pragma', 'mania' and 'agape' which influence romantic relationships between lovers, besides the factors suggested by the previous researches. These six types of love are defined by Lee (1977) as follows: 'eros' is romantic, passionate love; 'ludus' is a game-playing or uncommitted love; 'storge' is a slow developing, friendship-based love; 'pragma' is a pragmatic, practical, mutually beneficial relationship; 'mania' is an obsessive or possessive love and, lastly, 'agape' is a gentle, caring, giving type of love, brotherly love, not concerned with the self. In order to do this research, data from 105 heterosexual couples were collected. Using the data, a linear regression method was first performed to find out the important factors associated with a commitment to partners. The result shows that 'satisfaction', 'eros' and 'agape' are significant factors associated with the commitment level for both male and female. Interestingly, in male cases, 'agape' has a greater effect on commitment than 'eros'. On the other hand, in female cases, 'eros' is a more significant factor than 'agape' to commitment. In addition to that, 'investment' of the male is also crucial factor for male commitment. Next, decision tree analysis was performed to find out the characteristics of high commitment couples and low commitment couples. In order to build decision tree models in this experiment, 'decision tree' operator in the datamining tool, Rapid Miner was used. The experimental result shows that males having a high satisfaction level in relationship show a high commitment level. However, even though a male may not have a high satisfaction level, if he has made a lot of financial or mental investment in relationship, and his partner shows him a certain amount of 'agape', then he also shows a high commitment level to the female. In the case of female, a women having a high 'eros' and 'satisfaction' level shows a high commitment level. Otherwise, even though a female may not have a high satisfaction level, if her partner shows a certain amount of 'mania' then the female also shows a high commitment level. Finally, this research built a prediction model to establish whether the relationship will persist or break up using a decision tree. The result shows that the most important factor influencing to the break up is a 'narcissistic tendency' of the male. In addition to that, 'satisfaction', 'investment' and 'mania' of both male and female also affect a break up. Interestingly, while the 'mania' level of a male works positively to maintain the relationship, that of a female has a negative influence. The contribution of this research is adopting a new technique of analysis using a datamining method for psychology. In addition, the results of this research can provide useful advice to couples for building a harmonious relationship with each other. This research has several limitations. First, the experimental data was sampled based on oversampling technique to balance the size of each classes. Thus, it has a limitation of evaluating performances of the predictive models objectively. Second, the result data, whether the relationship persists of not, was collected relatively in short periods - 6 months after the initial data collection. Lastly, most of the respondents of the survey is in their 20's. In order to get more general results, we would like to extend this research to general populations.

A Processing of Progressive Aspect "te-iru" in Japanese-Korean Machine Translation (일한기계번역에서 진행형 "ている"의 번역처리)

  • Kim, Jeong-In;Mun, Gyeong-Hui;Lee, Jong-Hyeok
    • The KIPS Transactions:PartB
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    • v.8B no.6
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    • pp.685-692
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    • 2001
  • This paper describes how to disambiguate the aspectual meaning of Japanese expression "-te iru" in Japanese-Korean machine translation Due to grammatical similarities of both languages, almost all Japanese- Korean MT systems have been developed under the direct MT strategy, in which the lexical disambiguation is essential to high-quality translation. Japanese has a progressive aspectual marker “-te iru" which is difficult to translate into Korean equivalents because in Korean there are two different progressive aspectual markers: "-ko issta" for "action progressive" and "-e issta" for "state progressive". Moreover, the aspectual system of both languages does not quite coincide with each other, so the Korean progressive aspect could not be determined by Japanese meaning of " te iru" alone. The progressive aspectural meaning may be parially determined by the meaning of predicates and also the semantic meaning of predicates may be partially reshicted by adverbials, so all Japanese predicates are classified into five classes : the 1nd verb is used only for "action progrssive",2nd verb generally for "action progressive" but occasionally for "state progressive", the 3rd verb only for "state progressive", the 4th verb generally for "state progressive", but occasIonally for "action progressive", and the 5th verb for the others. Some heuristic rules are defined for disambiguation of the 2nd and 4th verbs on the basis of adverbs and abverbial phrases. In an experimental evaluation using more than 15,000 sentances from "Asahi newspapers", the proposed method improved the translation quality by about 5%, which proves that it is effective in disambiguating "-te iru" for Japanese-Korean machine translation.translation quality by about 5%, which proves that it is effective in disambiguating "-te iru" for Japanese-Korean machine translation.anslation.

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The Effect of the Degree of Competition of the Hospital Market Regions on Clinic's Rate of Antibiotics Prescription (병원시장지역 내 경쟁 정도가 의원급 의료기관의 항생제 처방률에 미치는 영향)

  • Jo, Changik;Lim, Jae-Young;Lee, Soo Yeon
    • KDI Journal of Economic Policy
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    • v.30 no.2
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    • pp.129-155
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    • 2008
  • The rate of antibiotics prescription for an acute airway infection significantly varies depending upon the diagnosis type, specialty, and the location of the hospital along with many other related factors. The objective of this study is to empirically investigate the possible relationship between the antibiotics prescription rates for an acute airway infection and the degree of competition in the hospital market regions of mainly the providers of primary medical care services such as clinics, internal medicines, pediatrics and otorhinolaryngology department. Using the data from Health Insurance Review and Assessment Service (HIRA) regarding the hospitals' antibiotics prescription rates for the acute airway infection and controlling for selected variables of demand and supply sectors, this study tries to figure out that the degree of competition in the hospital market, regardless of what type of competition indexes we employed, has a statistically significant effect on the variations of antibiotics prescription rate of the clinics in local areas. This result implies that as an economic consideration itself, the change in the degree of competition in the hospital market can play a crucial role influencing the treatment behaviors of the medical doctors. More specifically, this study reveals that as the degree of competition increases the antibiotics prescription rate goes up. This result means that if the market becomes more competitive in a specific region so that it might cause a reduction in doctor's income, doctors with rational decision-making process, recognize that the benefit created from inducing patients' seemingly unnecessary demand for medical care (income effect) would be higher than the costs associated with sustaining their targeted income (substitution effect). It is because that the doctors are more likely to prescribe antibiotics which create relatively higher margins than other medical care services in order to sustain their targeted income when the hospital market competition becomes tighter. Even though this study empirically confirms that antibiotics prescription can be affected by the economic incentives, it still raises following issues as limitations of the study: first issue is about the representativeness of the hospital regions segregated for this study, which might be weak in explaining whether these regions are mutually exclusive in reality. Patients actually consider the quality of services, transportation cost, time costs, and any other related factors choosing the doctors or hospitals, and in that sense, this study rules out 'border-crossing' in using the medical care services. Second issue arises in capturing the data of antibiotics prescription rate. Since we use the average rate for each medical institution, we cannot figure out the average rate for each patient so that we are not able to control for the variation of patients' medical conditions. It is because of the unavailability of data regarding each patient's medical condition from HIRA. Thirdly, since this study mainly analyzes the medical institutions providing primary care such as clinics, internal medicines, pediatrics, and otorhinolaryngology department, it is skeptical of whether those institutions can represent the hospital market in respective regions and truly reflect the degree of competition. It needs to extend the study areas and disease types as well as any micro data for future studies.

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Report on the External Audits Conducted by Korean Society of Medical Physics (한국의학물리학회 선형가속기 외부 품질관리 실시 현황보고)

  • Huh, Hyun Do;Cho, Kwang Hwan;Cho, Sam Ju;Choi, Sang Hyoun;Kim, Dong Wook;Hwang, Ui-Jung;Kim, Ki Hwan;Min, Chul Kee;Choi, Tae Jin;Oh, Young Kee;Lee, Seoung Jun;Park, Dahl;Park, Sung-Kwang;Ji, Young Hoon
    • Progress in Medical Physics
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    • v.24 no.4
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    • pp.315-322
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    • 2013
  • The aim of this work is to verify the self-quality assurances in medical institutions in Korea through the external audits by the group of experts and have a mutual discussion of the systematic problems. In order to validate the external audits 30 of 80 medical institutions across the nation were picked out considering the regional distribution and the final 25 institutions applied voluntarily to take part in this work. The basic rules were setup that any information of the participants be kept secrete and the measurements be performed with the dosimetry system already verified through intercomparision. The outputs for 2 or more photon beams, the accuracy of gantry rotation and collimator rotation and the poistional accuracy of MLC movement were measured. The findings for the output measurement showed the differences of -0.8%~4.5%, -0.79%~3.01%, and -0.7%~0.07% with respect to that of the verified dosimetry system for the 6MV, 10MV, and 15MV, respectively. For the reference absorbed dose 8 (16%) of 50 photon beams in 25 medical institutions differed 2.0% or greater from the reference value. The coincidences of Field size with x-ray beam and radiation isocenters of Gantry roration and collimator rotation gave the results of within ${\pm}2$ mm for every institute except 2 institutions. The positional accuracy of MLC movement agreed to within ${\pm}1$ mm for every institute. For the beam qualities of 6 MV photon beams kQ values showed the distribution within 0.4% between maximum and minimum. For the protocols 21 institutions (84%) used absorbed dose to water based protocol while 4 insitutions (16%) used air kerma based one. 22 institutions employed the SSD technique while 3 institutions did the SAD one. External audit plays an important role in discovering the systematic problems of self-performing Quality Assurances and having in depth discussion for mutual complementation. Training experts of international level as well as national support system are required so that both the group of experts of medical physicists and government laboratory could perform together periodical and constant external audits.

STUDY ON THE RELATIONSHIP BETWEEN ONTOGENY OF SEROTONIN SYSTEM AND PSYCHOPATHOLOGY IN CONDUCT DISORDER (행동장애에 있어서 Serotonin계의 개체발생적인 과정과 정신병리와의 상호관계에 관한 연구)

  • Shin, Sun-Woong;Shin, Min-Sup;Hwang, Jun-Won;Kim, Boong-Nyun;Cho, Soo-Churl
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.14 no.1
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    • pp.112-122
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    • 2003
  • Objectives:Considerable data indicate that diminished serotonergic activity is related to aggressive behavior. In order to understand the biological etiology in conduct disorder, we studied the relationships of plasma serotonin and 5-HIAA levels in conduct disorders to measures of aggression, violation of rules and oppositional defiant behavior. Methods:Subjects were selected from inpatients and outpatients department of the Division of Child and Adolescent Psychiatry of Seoul National University Hospital. 41 conduct disorders(18 childhoodonset type, 23 adolescent-onset type) and 23 normal controls were included in this study. For the assessment of aggression, rule violation and oppositional behavior, parents completed the rating scale for conduct disorder and oppositional behavior based on the DSM-IV diagnostic criteria. Plasma serotonin and 5-HIAA levels were determined by HPLC with electrochemical detection. Results:1) Plasma 5-HT and 5-HIAA levels were not significantly different among childhood-onset conduct disorder, adolescent-onset conduct disorder and normal control subjects. 2) No significant correlations were found between plasma 5-HT levels and aggression or rule violation. 3) Plasma 5-HT levels showed significant positive correlations with oppositional behavior both in childhood-onset conduct disorder and adolescent-onset conduct disorder. 4) Age-related changes were not found in plasma 5-HT and 5-HIAA levles. Conclusion:Our findings do not support the hypothesis that dysregulation of serotonergic function may be associated with aggresson. Instead, our data suggest that serotonergic function is more closely related with oppositional behavior than aggression.

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A Review on the Air Carrier's Liability for the Cargo under the Montreal Convention and the Commercial Law through the Recent Supreme Court's Case (최근 판례를 통해 본 몬트리올 협약과 상법상 항공운송인의 책임 - 대법원 2016. 3. 24. 선고 2013다81514판결 -)

  • Kim, Kwang-Rok
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.33-66
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    • 2017
  • The Korean government enacted the Chapter 6 as of Air Transportation to the Korean Commercial Act, which was enforced in 2011, in order to treat some arguments occurred from air transportation Contracts since air transportations has rapidly increased in Korea. Air transportations has been used more in the field of international market than in the field of domestic market under it's own characteristic. Therefore, many international agreements and protocols related to the air transportations has been appeared from old times and the 1999 Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal Convention") is one of them. The Montreal Convention was adopted in May 28, 1999 at International Conference of Air Law hosted by the International Civil Aviation Organization ("ICAO") in Montreal, Canada where the Headquarter of ICAO is located. The Montreal Convention has been effected from September 5, 2003 and the Korean government ratified the convention in 2007. Therefore, the Montreal Convention came in to force in Korea since 2007. This year, 2017, is the 10th anniversary year since the Montreal Convention has taken effect in Korea. However, there are rare cases that argued the Montreal Convention's scope of application and this Article examines the Korean Supreme Court's case that argued the Convention's scope of application. Thus the Article basically analyzes the case from the perspective of the Montreal Convention's scope of application and examines the Montreal Convention's articles related to the air carrier's liability and extent of compensation for damage that occurred from the international carriage by air. Also this Article analyzes the Korean Commercial Act Chapter 6, which regulated the air carrier's liability and the Article tries to make a comparison between the Montreal Convention and the Korean Commercial Act in order to draw some scheme for the betterment of Korean Commercial Act. It is the hope that the Article contribute to the improvement of Korean Commercial Act through the comparison with the chance of the 10th Anniversary of the Montreal Convention in Korea.

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Middle-Old Age's Retirement Transition, Old Age Income Security and the Support of Gradual Retirement (중고령자의 퇴직전환 및 노후소득보장과 점진적 퇴직지원)

  • Ji, Eun-Jeong
    • Korean Journal of Social Welfare
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    • v.58 no.3
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    • pp.135-168
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    • 2006
  • This study reviewed pension reform's overall characteristic and(anticipated) positive negative effect in OECD countries's and then analysed middle-old age's retirement transition and determinants of full/gradual retirement through the $3{\sim}7th$ Korea Labor and Income Panel considering that Korea has been aging society quickly and it is necessary to suggest not only solution of early retirement and working age reduction but also pension reform. As a result of this study, about 1/4 of 50 years and older have been continuing to work through various pathways after retirement and 98% among fully retired older who passed by re-employment step of occupational status including retirement are still searching for jobs. This showed that it is also inappropriate to typical retirement concept itself on the lines of labour market participation in Korea and part-time/temporary work or self-employment have been used by means of alternatives of maintaining works for middle-old ages. However, the duration of changed occupational status of gradual retirees is mostly only $1{\sim}2$ years. Therefore it is necessary to support the gradual retirement to minimize a term of income insecurity and promote the work of the old ages who have will and capacity of work. Most of all, partial pension system which is main program of gradual retirement, should make the rules that beneficiaries are those who age less than pensionable age and benefit levels should be actuarial fairness together with pension system and provide substantial help. But, the introduction of partial pension system is not the only way to solve and needs overall social economic approach. Especially guarantee the increase of quantitative qualitative employment for middle-old ages linking labor market policy and supporting gradual retirement not ought to be abused to force the part time works and early retirement route against their own will.

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