• Title/Summary/Keyword: the Question

Search Result 5,366, Processing Time 0.042 seconds

Operative Challenges in Releasing Administrative Information and Records (행정정보 및 보존기록물 공개의 운영과제)

  • Lee, Won-Kyu
    • The Korean Journal of Archival Studies
    • /
    • no.12
    • /
    • pp.81-135
    • /
    • 2005
  • The release of administrative information has been the challenge of our age following the maturation of democratic ideology in our society. However, differences of opinion and conflict still exist between the government and private sectors regarding the issue, and it seems that the technical and policy-related insufficiencies of information and record management that actually operate the release of information are the main causes. From the perspective of records management, records or information are variable in their nature, value, and influence during their life span. The most controversial issue is the records and information in the current stage of carrying out business activities. This is because the records and information pertaining to finished business are but evidence to ascertain the past, and have only a limited relationship to the ideal of the 'democratic participation' by citizens in activities of the public sector. The current information release policies are helpless against the 'absence of information,' or incomplete records, but such weakness can be supplemented by enforcing record management policies that make obligatory the recording of all details of business activities. In addition, it is understood that the installation of 'document offices("Jaryogwan")' that can manage each organization's information and records will be an important starting point to integrate the release, management, and preservation of information and records. Nevertheless, it seems that the concept of 'release' in information release policies refers not to free use by all citizens but is limited to the 'provision' of records according to public requests, and the concept of 'confidential' refers not to treating documents with total secrecy but varies according to the particulars of each situation, making the actual practice of information release difficult. To solve such problems, it is absolutely necessary to collect the opinions of various constituents associated with the recorded information in question, and to effectively mediate the collective opinions and the information release requests coming from applicants, to carry out the business more practically. Especially crucial is the management of the process by which the nature and influence of recorded information changes, so that information which has to be confidential at first may become available for inquiry and use over time through appropriate procedures. Such processes are also part of the duties that record management, which is in charge of the entire life span of documents, must perform. All created records will be captured within a record management system, and the record creation data thus collected will be used as a guide for inquiry and usage. With 'document offices(Jaryogwan)' and 'archives' controlling the entire life span of records, the release of information will become simpler and more widespread. It is undesirable to try to control only through information release policies those records the nature of which has changed because, unlike the ones still in the early stages of their life span and can directly influence business activities, their work has finished, and they have become historical records or evidences pointing to the truth of past events. Even in the past, when there existed no formal policy regarding the release of administrative information, the access and use of archival records were permitted. A more active and expanded approach must be taken regarding the 'usage' of archival records. If the key factor regarding 'release' lies in the provision of information, the key factor regarding 'usage' lies in the quality and level of the service provided. The full-scale usage of archival records must be preceded by the release of such records, and accordingly, a thorough analysis of the nature, content, and value of the records and their changes must be implemented to guarantee the release of information before their use is requested. That must become a central task of document offices and "Today's information" will soon become "yesterday's records," and the "reality" of today will become "history" of the past. The policies of information release and record management share information records as their common objective. As they have a mutual relationship that is supplementary and leads toward perfection, the two policies must both be differentiated and integrated with each another. It is hoped that the policies and business activities of record management will soon become normalized and reformed for effective and fair release of information.

The Effects of Female Wage on Fertility in Korea (여성의 임금수준이 출산율에 미치는 영향 분석)

  • Kim, Jungho
    • KDI Journal of Economic Policy
    • /
    • v.31 no.1
    • /
    • pp.105-138
    • /
    • 2009
  • Although the decline in fertility rate is generally observed along the history of economic development throughout the world, the continuing decline hitting below the replacement level in Korea over the recent years gathered serious social concerns on the ground that it accelerates the process of population aging. The total fertility rate in Koreareached 2.08 in 1983, and gradually fell to the levels of 1.08 in 2005 and 1.26 in 2007. The policy debate over the role of the government has been focused mainly on the level of theoretical discussion without substantial basis on firm empirical evidence and the determinants of fertility. The objective of the paper is to empirically investigate the fertility effect of the female wage, which is understood as one of the most important determinants of fertility in Koreasince 1980 focusing on one aspect of fertility, namely birth spacing. Using the Korean National Fertility Survey conducted in 2006, I estimate a duration model of first and second births taking into account individual heterogeneity, which turned out to be an important factor to control for. Compared with previous studies in the literature on the Korean fertility, the study has an advantage of using the complete pregnancy history of women in a more representative sample. Unlike the previous studies, the analysis also deals with the endogeneity of marriage by treating a certain age, rather than age at marriage, as the time in which a woman becomes exposed to the risk of pregnancy. The study shares the common problem in the literature on birth spacing of lacking relevant wage information for respondents in a retrospective survey. I estimate the wage series as a function of the basic characteristics using the annual Wage Structure Survey from 1980 to 2005, which is considered as a nationally representative sample for wage information of employees. The results suggest that the increase in female wage by 10 percent leads to a decrease in second birth hazard by 0.56~0.92 percentage points and that the increase in spouse's wage by the equal amount is accompanied by the increase in second birth hazard by 0.36~1.13 percentage points. These estimates are more precisely estimated and of smaller magnitude than those presented by the previous studies. The results are robust to the different specifications of the wage equation. The simulation analysis based on the predicted values shows that about 17% of the change in the second birth hazard over the period 1980 to 2005 was due to the change in the female wage. Although there is some limitation in data, the results can be viewed as one estimate of the role of female wage on the recent fertility decline in Korea. The question raised by the paper is not a normative one of whether a government should promote childbearing but a positive one thatexplains fertility decline. Therefore, if there is a wide consensus on promoting childbearing, the finding suggests that the policies designed to reduce the opportunity cost of women in the labor market would be effective. The recent movement of implementing a wide range of family-friendly policies including child care support, maternity leave, parental leave and tax benefit in developed countries should be understood in this context.

  • PDF

A Review on Constitutional Discordance Adjudication of the Constitutional Court to Total Ban on Abortion ('낙태죄' 헌법재판소 헌법불합치 결정의 취지와 법률개정 방향 - 헌법재판소 2019. 4. 11. 선고 2017헌바127 전원재판부 결정에 따라 -)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
    • /
    • v.20 no.2
    • /
    • pp.3-39
    • /
    • 2019
  • Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

A Survey of Perceptions of Elementary School Teachers on the Small-Scale Chemistry (미량화학(Small-Scale Chemistry)에 대한 초등학교 교사들의 인식)

  • Kim, Sung-Kyu;Kong, Young-Tae
    • Journal of Science Education
    • /
    • v.34 no.2
    • /
    • pp.291-305
    • /
    • 2010
  • The aim of this study was to survey the perceptions of the elementary school teachers on the smallscale chemistry(SSC) following its training session. The teachers participating in the survey were 266 teachers in the Gyeongnam province. They were given a questionnaire that focused on the nine areas of the SSC: Needs for the teacher training and its application, its benefits, issues of safety and danger as well as treatment of environmental pollution, its economic efficiency and the development of investigative skills. The designed questionnaire was checked by an authority, and the responses to each question were tallied and analyzed. The results are as follows. The biggest problems of the traditional experimental methods as rated by the teachers were, in the order of importance, the preparation time, the legal liability of teachers for the safety and accidents, financial issues, disposal of the experimental wastes and the lack of relevant data. Since most of the teachers had not experienced the SSC lab programs in the field, they responded positively to the questions of need for its introduction and training. The implementation of the experimental SSC lab programs should proceed in the following order: introduction into the textbook, teacher training program, after-school education and the invitation of instructors. The most useful materials for the SSC program were CDs, videos, books and various printed materials, in that order. The responses regarding benefits of the SSC program included its simplicity, convenience, time savings, diversity, qualitative and quantitative aspects, integration into the regular class and use of toys. In particular, the teachers mentioned the increased safety due to the small amount of experimental reagents needed and the durability of plastic instruments. The familarity from the use of everyday tools as well as easy access to and the low-cost of the instruments were other important benefits. The teachers in general rated the educational content of the program highly, but many also found it to be average. Some pointed out the lack of sufficient discussion due to the individual or pair groupings as a potential shortcoming. The potential for development of problem solving ability and improvement of skills was rated positively. The number of teacher who rated the development of creativity positively was just over the half. As for the area of improving investigative skills, many found its assessment difficult and confusing because of the lack of its systemic definition and categorization. Based on the findings of this study, I would like to recommend the application and a wider dissemination of the small-scale chemistry lab program into the elementary school science curriculum.

  • PDF

The Mediating Role of Perceived Risk in the Relationships Between Enduring Product Involvement and Trust Expectation (지속적 제품관여도와 소비자 요구신뢰수준 간의 영향관계: 인지된 위험의 매개 역할에 대한 실증분석을 중심으로)

  • Hong, Ilyoo B.;Kim, Taeha;Cha, Hoon S.
    • Asia pacific journal of information systems
    • /
    • v.23 no.4
    • /
    • pp.103-128
    • /
    • 2013
  • When a consumer needs a product or service and multiple sellers are available online, the process of selecting a seller to buy online from is complex since the process involves many behavioral dimensions that have to be taken into account. As a part of this selection process, consumers may set minimum trust expectation that can be used to screen out less trustworthy sellers. In the previous research, the level of consumers' trust expectation has been anchored on two important factors: product involvement and perceived risk. Product involvement refers to the extent to which a consumer perceives a specific product important. Thus, the higher product involvement may result in the higher trust expectation in sellers. On the other hand, other related studies found that when consumers perceived a higher level of risk (e.g., credit card fraud risk), they set higher trust expectation as well. While abundant research exists addressing the relationship between product involvement and perceived risk, little attention has been paid to the integrative view of the link between the two constructs and their impacts on the trust expectation. The present paper is a step toward filling this research gap. The purpose of this paper is to understand the process by which a consumer chooses an online merchant by examining the relationships among product involvement, perceived risk, trust expectation, and intention to buy from an e-tailer. We specifically focus on the mediating role of perceived risk in the relationships between enduring product involvement and the trust expectation. That is, we question whether product involvement affects the trust expectation directly without mediation or indirectly mediated by perceived risk. The research model with four hypotheses was initially tested using data gathered from 635 respondents through an online survey method. The structural equation modeling technique with partial least square was used to validate the instrument and the proposed model. The results showed that three out of the four hypotheses formulated were supported. First, we found that the intention to buy from a digital storefront is positively and significantly influenced by the trust expectation, providing support for H4 (trust expectation ${\rightarrow}$ purchase intention). Second, perceived risk was found to be a strong predictor of trust expectation, supporting H2 as well (perceived risk ${\rightarrow}$ trust expectation). Third, we did not find any evidence of direct influence of product involvement, which caused H3 to be rejected (product involvement ${\rightarrow}$ trust expectation). Finally, we found significant positive relationship between product involvement and perceived risk (H1: product involvement ${\rightarrow}$ perceived risk), which suggests that the possibility of complete mediation of perceived risk in the relationship between enduring product involvement and the trust expectation. As a result, we conducted an additional test for the mediation effect by comparing the original model with the revised model without the mediator variable of perceived risk. Indeed, we found that there exists a strong influence of product involvement on the trust expectation (by intentionally eliminating the variable of perceived risk) that was suppressed (i.e., mediated) by the perceived risk in the original model. The Sobel test statistically confirmed the complete mediation effect. Results of this study offer the following key findings. First, enduring product involvement is positively related to perceived risk, implying that the higher a consumer is enduringly involved with a given product, the greater risk he or she is likely to perceive with regards to the online purchase of the product. Second, perceived risk is positively related to trust expectation. A consumer with great risk perceptions concerning the online purchase is likely to buy from a highly trustworthy online merchant, thereby mitigating potential risks. Finally, product involvement was found to have no direct influence on trust expectation, but the relationship between the two constructs was indirect and mediated by the perceived risk. This is perhaps an important theoretical integration of two separate streams of literature on product involvement and perceived risk. The present research also provides useful implications for practitioners as well as academicians. First, one implication for practicing managers in online retail stores is that they should invest in reducing the perceived risk of consumers in order to lower down the trust expectation and thus increasing the consumer's intention to purchase products or services. Second, an academic implication is that perceived risk mediates the relationship between enduring product involvement and trust expectation. Further research is needed to elaborate the theoretical relationships among the constructs under consideration.

A Study of community diagnosis activity by Community Health Nurse Working in Health Centers (보건소 보건간호사의 지역사회 진단활동에 관한 조사연구)

  • Cho Won-Jung;Kim Young-Ran
    • Journal of Korean Public Health Nursing
    • /
    • v.6 no.1
    • /
    • pp.32-45
    • /
    • 1992
  • An important role of community health nurses in health centers is to solve community health problems found through data collection methodology which has been used to identify the health needs of the community, diagnose the health problems and to plan health programs suitable for the health problems. Also community health nurses must be prepared to know the community health needs and to participate in the planning process. Since 1956 when the health center law was established, community health nurses have really implemented only the services which the government has asked them to do. This has kept them busy enough. But these days as society is in rapid change, community health nurses should have the flexibility to deal with the social change and demands that are unique to their community each which has different health needs and demands. So community health nurses need to identify what community health problems exist in their particular communities. The purposes of this study were as follows. 1) To explore the suitability of the health programs which the government has asked the community health nurses to do for their own communities and if these programs are not suitable, to explore the reasons why. 2) To explore the degree to which the community health nurses have the ability to identify health problems in their own communities and activate the community diagnostic process. 3) To identify the degree that the community health nurses have the ability to implement plans related to community diagnosis. 4) To find out how much data related to community health problems, the community health nurses have and how they are utilizing it. 5) To measure the community health nurses self-confidence concerning diagnostic activities for community health. The study subjects were 454 Community Health Nurses working in Health Centers in Seoul, Korea. The period of data collection was 6 days(Nov. 9th 1991-Nov. 15th 1991). A questionnaire used for data collection was composed of three different items; general characteristics, community health diagnostic activities and self-confidence in performing diagnostic activities. The results of the study are as follows. First, over one third of the respondents replied that the government required activities for their communities are not appropriate. Of these activities the most frequent reply $(51.2\%)$ indicated that many of the activities in the community were inappropriate to the actual situation. Further, $25\%$ of the replies indicated that many activities were only administratively oriented and as such not appropriate. Second, $49.8\%$ of the respondents replied that they had done general assessments and had a general idea of the health problems of their community. Effective solutions to health problems could be found with an increase in health personnel and management ability according to $41.5\%$ of the respondents. Third, to the question as to whether they had ever independently implemented a plan towards solving community diagnosed problems, $52\%$ of nurses replied 'never', $40\%$ 'occasionally' but only $7.5\%$ replied that they did it frequently. Actually there was very little done even in the basic work of collecting the necessary data. Fourth, when asked how much of basic information they had collected that might be used in community diagnosis activity, of 26 items in 5 areas, there was hardly one for which complete data had been collected. Fifteen percent did have data on the geographical aspects of their area, housing distribution and types of housing, while $17.8\%$ knew the frequency with which the health center was used. Concerning community resources, even with a list of community resources, only $12.3\%$ had data on any of these resources, and this data was incomplete. Further, information about social work institutions, and facilities was also incomplete, only $14.2\%$ of the respondents had any data and even it was incomplete; that is, in general, the nurses did not have this information. Fifth, concerning the confidence of the community health nurse in their ability to carry out community diagnoses activities, $60\%$ replied that they were very or at least nominally confident, indicating that although they were not doing community diagnostic activities they felt they could do so, as they were carrying out home visits and program planning as part of their official duties. The following recommendations are made based on the results of this study. First; since the community health nurses have a high perception of the need for community diagnostic activities and. high confidence in their ability to carry out this activity and high percentage of respondents replied that with a little training they could do this even better it is recommended that community diagnostic activity training be included in the continuing education program for community health nurses. Second, in order for the Community Health Nurses to successfully solve the health problems of their respective community they reported to a need to increase the number of health personnel, improve the facilities and the system of managing their work. Considering this, it is recommended that ways be sought to remedy these deficits.

  • PDF

Social Perception on Gifted Education (영재교육에 대한 사회적 인식 - 신문기사 분석을 중심으로 -)

  • Kim, In-Hye;Park, Jung-Ok;Choi, Moon-Kyung
    • Journal of Gifted/Talented Education
    • /
    • v.16 no.1
    • /
    • pp.21-42
    • /
    • 2006
  • The object of this research is to analyze the contents and amount of articles on gifted education in major daily newspapers dated January 1990 to December 2003, and to review the trend of social perception of gifted education with the passage of time. Following are the research question : 1. How many articles belonging to the same category appeared in the newspapers within the period of time covered by the study? 2. What kinds of articles appeared in the newspapers within the period of time covered by the study? To arrive at the answers to the problems mentioned above, 714 articles on gifted education. The period from 1990 to 2003 were divided into time frames of 5 years to facilitate the analysis of social consciousness regarding gifted education before and after the enforcement of the Early School Entering Law in 1995 and the Law for Promotion of Gifted Education in 2000. The researcher defined Period I as the years from 1990 to 1994, Period II from 1995 to 1999, and Period III from 2000 to 2003. The articles were classified by content which were significance and trend of gilled education, current policies on gifted education, information on gifted education, and social environment of gifted education. The results of the analysis are as follows: (1) The articles from 1990 to 2003 totalled 714. 130 articles were found within Period I, 213 within Period II, and 371 within Period III. Since the year 2000, when the Law for Promotion of gifted education was enforced, the amount of articles considerably increased. The articles on the trend of gifted education numbered 42 within Period I, 49 within Period II, and 81 within Period III, showing a huge increase in the last period. The articles on current policies numbered 56 within Period I, 77 within Period II, and 143 within Period III, numbering the most in the last period. This means that, even before the Law for Promotion of gifted education was enforced, there has been much interest in and discussion of the appropriate educational system for gifted children in preparation for the legal and institutional foundation of such system. Since the enforcement of the law, many institutions were established and the problem became an important social issue. The articles that most frequently appeared were about current policies on and status of gifted education. This category showed the largest numbers through all the three periods and on all the subjects. This subject represented 43.1% of the articles on gifted children within Period I, 36.2% within Period II, and 38.6% within Period III. As to the significance and trend of gifted education, this subject showed a decrease from 32.3% within Period I, 23% within Period II, and 21.8% within Period III. However, the articles in the category of information on gifted education gradually increased from they represented 5.4% of the articles on brilliant children within Period I, 7.5% within Period II, and 8.4% within Period III. The social environment articles showed an increase from Period I to Period II-- from 19.2% to 33.3%, but it went down to 31.3% within Period III. (2) As to articles on the trend of gifted education, there were many such articles found, mainly on researches and trends in other countries. As greater importance is accorded to gifted children and as the recognition of the necessity of providing specific education for them grows, more related studies are conducted and people try to adopt new trends from other countries. For the articles on the current policies of gifted education, most of them were about institutions. This means that many educational institutions have been established since the Law for Promotion of Gifted Education was enforced. Informative articles on gilled education were mostly about distinctive features of gifted children and how to tell who the brilliant children are. This fact shows the importance of identifying gifted children in order to educate them systemically and effectively.

On the Novel Concept of "Accident" in the 1999 Montreal Convention -GN v. ZU, CJEU, 2019. 12. 19., C-532/18- (1999년 몬트리올 협약상 "사고"의 새로운 개념에 대한 고찰 - GN v. ZU, CJEU, 2019.12.19., C-532/18 -)

  • An, Ju-Yun
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.35 no.2
    • /
    • pp.3-40
    • /
    • 2020
  • The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

"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
    • /
    • v.1
    • /
    • pp.47-85
    • /
    • 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.

  • PDF

A Study on the Relationship between Adolescent Misconducts and Harmful Environment Based on Health Belief Model (건강신념모델을 적용한 청소년 비행과 유해환경과의 관련성 연구)

  • 이명선
    • Korean Journal of Health Education and Promotion
    • /
    • v.18 no.3
    • /
    • pp.37-58
    • /
    • 2001
  • This study placed its objectives in suggesting the basic data for setting up an approach to protect the educational environment, by analyzing the relevance between the misconducts of adolescence and the harmful environment around the school, as an object of study, middle school students and high school students all over the country. Thus, this study carried out the questionnaire survey, by the multi-stage of stratified sampling in 2,114 middle school and high school students from June 29, 2000 through July 29, 2000. And the results of analysis were as follows: 1. In case of the ratio of students using harmful environment, the electronic game room had the highest ratio (78.3%); next, the PC room (75.6%), the singing room (71.6%), and the cartoon room (34.3%). 2. In terms of the experiences of using the harmful environment according to the personal characteristics, high school students used it in a higher ratio, compared with middle school students (p〈0.001); the students, whose father graduated from a high school, comparatively used it much more(p〈0.05). Also, when a school is located near to amusement quarters or shopping centers, students used the harmful environment most highly (p〈0.001). And the differences were found to be statistically significant. 3. In case of the perceived susceptibility factors, the harmful environment was found to be used in lower ratio, by the students who answered “very so” to the question item, The more harmful environment facilities are positioned around school, the more student have the opportunities to use them. (p〈0.001). That is, the findings showed that the higher students' degree of perceived susceptibility factors was the less students used harmful environment facilities. The differences were statistically significant. In terms of the ratio of using harmful environment according to perceived seriousness factors, it was founded out that the students, who answered, “If I use any harmful environment facilities, it will be very harmful to myself.”. had the less opportunities of having used them, compared with the students who did not answer so (p〈0.001). This indicated that the higher the degrees perceived seriousness of students, the less they used harmful environment facilities. And the differences were statistically significant. In the side of the ratio of using harmful environment according to the perceived barriers, it was found out that there were any special large differences. That is, perceived barriers had nothing to do with students' using harmful environment. 4. As the result of having analyzed the factors influencing the behaviors of using harmful environment, the factor to explain the behaviors of using harmful environment was found to be the degree of perceived seriousness, among individual perceiving factors; next, the location of a school - one of personal characteristics, the degree of perceived susceptibility and ages, m sequence. 5. Among students' misconduct experiences, drinking was highest (21.6%), next, smoking (11.9%), drug abuse (4.3%), and sexual relations (1.6%), In sequence. Among other problematic behaviors, excessive waste was highest (14.6%); next, disobedience and lie (10.7%), night wandering (7.8%), and bad dressing and making-up (5.5%), in sequence. 6. In terms of the misconducts according to the behaviors of using harmful environment, compared with the students who did not commit any misconducts, harmful environment facilities were used more highly, by each group of students who experienced drinking (p〈0.00l), smoking (p〈0.001), sexual relations (p〈0.05), excessive waste (p〈0.001), disobedience & lie (p〈0.001), and bad dressing & making-up (p〈0.05). And the differences were statistically significant.

  • PDF