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A Comparative Legal Study on Safety and Transportation Convenience of Mobility Disadvantaged Persons  

Hwang, Ho-Won (Korea Aerospace Univ.)
Cho, Jeong-Hyeon (Graduate School for LLM, Korea Aerospace Univ.)
Publication Information
The Korean Journal of Air & Space Law and Policy / v.31, no.1, 2016 , pp. 63-97 More about this Journal
Abstract
Ago the passenger who using a wheelchair was denied boarding from the airline. The ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST DISABLED PERSONS prohibits discriminatory treatment of persons with disabilities in transportation. But there are situations that limits the movement on persons with reduced mobility. The international community promote to protect disabled persons and persons with reduced mobility against discrimination and to provide them with assistance when travelling by air. According to news report, the governing Council of the International Civil Aviation Organization (ICAO) has established new global core principles on air transport consumer protection. The principles cover three phases of a customer's experience: before, during and after travel, and will now be considered by ICAO's 191 Member States when they develop or review their applicable national regimes. The international community are recognizing that passengers can benefit from a competitive air transport sector, which offers more choice in fare-service trade-offs and which may encourage carriers to improve their offerings, passengers, including those with disabilities, can also benefit from consumer protection regimes. In accordance with these we will also be provided to regulations that can prevent and protect the air passenger. In this paper analyze the regulations of the international air passenger rights, point out the lack of policy.
Keywords
Mobility Disadvantageed Persons; Right to mobility; Persons with reduced Mobility; Safety;
Citations & Related Records
Times Cited By KSCI : 1  (Citation Analysis)
연도 인용수 순위
1 김종복, 신국제항공법, 한국학술정보, 2015.
2 김종복, "몬트리올협약상의 항공여객운송인의 책임", 항공우주정책.법학회지, 제23권 제2호, 2008.
3 이영혁, 홍순길, "규제완화와 자유화의 항공정책방향과 항공사의 경영전략에 관한 연구", 항공우주정책 법학회지 제12권, 2000.
4 이창재, "EU법상 항공소비자 보호에 관한 연구", 법학논고, 2015.
5 이창재, "미국 연방법규상 항공여객보호제도에 관한 연구", 항공우주정책.법학회지, 제28권제2호, 2013.
6 김제철, "항공교통이용자 보호제도의 도입과 시행", Airzine, 2010.
7 H.R. 1734, 107th Cong. (2001).
8 Complaint handling and enforcement by Member States of the Air Passenger Rights Regulations.
9 Report of the Secretary of Transportation to the United States Congress, Annual Report for 2014 on Disability-Related Air Travel Complaints.
10 2014년도 교통약자 이동편의 실태조사 연구, 국토교통부, 2015.2.
11 "International Standards and Recommended Practices-Facilitation", Annex 9.
12 14 CFR Part 382(Nondiscrimination on the Basis of Disability in Air Travel.)
13 The Disability Discrimination Act 1995
14 Regulation EC No.1107/2006.
15 Commission calls for stricter enforcement of passenger rights legislation in Europe, EU Commission, 2015.7.
16 항공법
17 항공법시행규칙
18 교통약자의 이동편의 증진법.
19 ECAC Doc No. 30.
20 14 CFR Parts 244, 250, 253, 259, and 399. [Docket No. DOT.OST.2010.0140].