• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.53-83
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• 2007

The purpose of this paper is to study precedent cases of the Air carrier liability for passengers. The article 17 of Warsaw Convention (also in Montreal Convention article 17-1) provides the Air carrier liability for passengers which is the most essential part of the Air carrier liability. According to these Conventions, 1) the carrier is liable for damage sustained in case of death or bodily injury of a passenger. Precedents and theories have disagreements on whether the damage covers the mental injury as well. 2) The carrier is liable for damage sustained from aviation accident. The definition of 'aviation accident' is becoming problematic. 3) The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. The question at issue is the range of the operations of embarking or disembarking. This paper introduces the precedents (also, the model precedents) about the carriers liability for passengers and related cases, so as to help understand the trend of judicial decisions. Furthermore, the cases, once took all of the attention of the international air carriers, concerned with the 'Economy class syndrome' (DVT : Deep Vein Thrombosis) are also presented. Under the new Montreal Convention, the carriers liability for passengers will continue to be the main issue. Thus it is required that academics as well as practical businesses may keep up their studies about this issue.

• Transactions of the Korean Society of Automotive Engineers
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• v.21 no.1
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• pp.107-112
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• 2013

Base on insurance vehicle collision and bodily injury claim reports, 23,655 cases of vehicle to vehicle accidents occurred in Korea 2010 are investigated in order to understand vehicle damage severities, repair costs and occupant injury types. The results of our statistical analysis reveal that minor damages with small dent or scratches on vehicle body panels which is assumed to imply during very low speed crashes are major portion of accident severities types. The most vulnerable body regions due to the real-world accident are neck. The 86.3% of total injured driver in minor rear damaged vehicles has reported neck pains and they are followed by whole bodies and head but with much lower occurrence rates.

• Journal of Distribution Science
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• v.15 no.8
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• pp.29-36
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• 2017

Purpose - This paper proposes some ideas with a view to reducing any possible accidents caused by unlicensed drivers and an illegal use of other's name, particularly by teenagers in consideration of easy and simple instruction on smartphone with very weak and mere consciousness on auto life. Research design, data, and methodology - This study analyzes some accident cases between cargo trucks and rental cars in South Korea, and unlicensed vehicle with unlicensed drivers who use rental cars collided with cargo trucks which were loaded a lot of goods to be delivered to buyer designated. In order to fulfill this research, a case study accompanied with literature survey was conducted. Ideal suggestion for the right growth on rental car industry will be realized by legislation of the law. Results - This paper classified bodily injury of the victim, property damage and damaged cargo arising out of the unlicensed who is driving on car sharing service in South Korea. Conclusions - For the purpose of reducing cargo accidents caused by unlicensed drivers and an illegal use of other's name particularly by teenagers, this paper proposes some ideas of Amendment of the law, Paradigm shift of car sharing company, Preparation by association side and Technical Complementary Measures in South Korea.

• The Journal of Korean Physical Therapy
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• v.10 no.2
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• pp.149-159
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• 1998

Normal lumbar vertebrae function only when soft tissues are in position, constituting vertebral body, discs and facet feints. Considering the mechanism of supporting bodily weight, the widest movement of vertebral column reaches a lumbar sacral joint to cause structural changes. The feet is proved that lumbago is the damage of lumbar vertebrae accompanied with the change of soft tissues surrounding lumbar vertebrae, rather than simple pain in a certain lesion. It is based on the mechanism of vertebral body and intervertebral discs in the anatomical structure of the lumbar region. In my opinion, it is necessary to prove more accurately the cause of lumbago, escaping from the conventional cause of the abnormality of disc.

• Journal of Environmental Health Sciences
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• v.45 no.4
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• pp.295-309
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• 2019

Eight years have passed since the Korean government's medical agency officially reported that the fatal lung disease found in some hospitals in 2011 was caused by chemical disinfectants used in household humidifiers, marking the introduction of the humidifier disinfectant disaster. Over the past eight years, a medical-scientific approach has been taken by the Korean government in its efforts to solve the problems in terms of relief of and compensation for the potential victims. One of the unintended consequence of this approach has been the fact that the number of "official victims" recognized by the government is quite small compared to the total number of applicants who claim to be suffering from the humidifier disinfectant disaster. This is mainly due to the fact that the medical-scientific approach relies on excessively strict, rigid, and narrow medical-scientific criteria provided by medical experts for judging the degree of applicants' bodily damage from the use of humidifier disinfectants. As a result, this medical-scientific approach is becoming increasingly criticized by patients' organizations mainly composed of rejected applicants. Based on the analysis of the limits of this medical-scientific approach and after clarifying the social implications of the disaster from a sociological perspective, this paper proposes certain social approaches focused on participatory governance as a means of dealing with the current issue. Finally, the paper emphasizes that the act of taking social responses to the humidifier disinfectant disaster should also be considered a process of enlarging and deepening democracy in Korea.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.39 no.2
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• pp.11-18
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• 2016

Product liability (PL), which began enforcement in 2002, refers to the legal responsibility of the manufacturers or sellers (wholesales or retailers) for the property damage or bodily harm caused by their product. With a strong enforcement of the Product Liability (PL) Act, companies are required to structure and operate a response system to defend or prevent product accidents efficiently, but small and medium enterprises (SMEs) are unable to respond more aggressively due to limitation of management resources. In this manner, it is important to develop response strategies for SMEs to efficiently cope with the PL Act. In this paper, the PEST (Political, Economic, Social, and Technological) analysis is performed to reveal the impact of the PL Act on SMEs in macro-economic point of view. To formulate SME's PL response strategy, SWOT analysis is performed to categorize each factors from PEST analysis and AHP is applied to identify the intensities of SWOT factors. The prioritized SWOT factor, results of PEST-SWOT-AHP analysis, are used to formulate SME's PL response strategies. The study results are briefly summarized as follows. To reduce product defects, it is necessary for SMEs to formulate PL response strategies for each phase of the product life cycle by continuously collecting and analyzing PL cases in the same industry or for similar products. In addition, SMEs should invest more technological effort to ensure product safety. Further, SMEs should spread PL awareness to all staff members by training internal PL experts. Moreover, a SME should enroll in PL insurance and spread this information to its customers so that they become aware that the company is proactively conforming to the PL law.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

• Journal of Legislation Research
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• no.54
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• pp.261-301
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• 2018

In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.5
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• pp.530-537
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• 2016

This study investigates frontal crashes, analyzes the driver's action related to the change of the collision direction and determines the severity of (bodily injury). This study was conducted from August, 2013, to January, 2014, and the data for the car damage and human body damage were collected by emergency medical teams. In terms of data collection, we collected the accident vehicle, crash direction, body damage, etc., based on the Korea In-depth Accident Study (KIDAS) and Injury Severity Score (ISS). We used Minitab 17 and SPSS 22.0 to do the frequency analysis and ANOVA. In the analysis results, the prevalence of frontal collisions was 55.8% and mostly occurred in the 12 o'clock direction. In the analysis of the frontal crash direction according to age, the average ages for the 11, 12 and 1 o'clock directions were $46.46{\pm}13.47$, $44.43{\pm}13.40$ and $52.46{\pm}12.04$, respectively, so the older age drivers had a high probability of the accident occurring in the 1 o'clock direction. In the analysis of men's frontal collision direction according to age, the average ages in the 11, 12 and 1 o'clock directions were $47.10{\pm}13.88$, $45.24{\pm}13.78$ and $55.73{\pm}13.38$, respectively, so older aged men had a high probability of having collisions in the 1 o'clock direction. However, the statistical analysis of the frontal crash direction according to age in women didn't show any meaningful trend. When comparing the ISS according to age of the men and women in the collision direction, the men were less likely to have a 12 o'clock collision when $ISS{\geq}9$ and more likely to have a 1 o'clock collision when ISS<9. As a result, frontal crashes are more likely to occur in the 12 o'clock direction and the ISS decreases because the likelihood of frontal crashes in the 1 o'clock direction increases with increasing age. Therefore, when men recognize that they are heading for a 12 o'clock direction collision, they try to steer to the left to reduce the body damage.

• 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.