• Title/Summary/Keyword: 대한항공

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Review of 'Nonperformance of Obligation' and 'Culpa in Contrahendo' by Fail to Transport - A Focus on Over-booking from Air Opreator - (여객운송 불이행에 관한 민법 상 채무불이행 책임과 계약체결상의 과실책임 법리에 관한 재검토 - 항공여객운송계약에 있어 항공권 초과판매에 관한 논의를 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.113-136
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    • 2020
  • Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

Adjustable Influence of the Converting Cost in Customer Satisfaction and Customer Preference Affected by the Main Factors of Airline Services (항공서비스요인이 고객만족과 고객애호도에 미치는 영향에 대한 전환비용의 조절적 효과)

  • Chung, Yang-MI;Lee, MI-Hye
    • Journal of Advanced Navigation Technology
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    • v.16 no.6
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    • pp.1065-1079
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    • 2012
  • This research is done with the objectives to examine and to identify how the main factors of airline services, which become fundamentals for airline customers to select their favorite one, affect their customer satisfaction and their customer preference, with a focus on adjustable influence of converting cost. The survey has been conducted with the population of the airline customers who use international airlines through Incheon International Airport and processed with the objectives to verify the influence of the main factors of airline services to customer satisfaction and customer preference and also to collect the verified data for adjustable influence of converting cost between customer satisfaction and customer preference, and its results are as follows: Firstly, airline services have significant impact on their customer satisfaction. Secondly, they also have significant impact on their customer preference, Thirdly, the converting cost between both of customer satisfaction and customer preference to airline services doesn't involve the adjustable function in consecutive cost nor in learning cost but it does involve the one in sunk cost.

Study on Introduction of Partial Delegation System for Aircraft Certification (항공기인증의 일부 위임제도 도입방안에 대한 연구)

  • Sanghyuk Park;Gyeongchul Kang;Minkyu Kang;Sunmi Jin;Yunseo Lee;Yonghee Kim;Seunghyeon Lee;Sungjin Kim
    • Journal of Aerospace System Engineering
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    • v.17 no.1
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    • pp.1-9
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    • 2023
  • Recently, aerospace industries in South Korea are expected to continue to grow due to UAM. Accordingly, certification services for aircraft are expected to increase. As a way to cope with the increase of certification work, one could consider a delegation system that can limitedly delegate the unique role of airworthiness authorities. In this paper, we reviewed regulations of FAA's individual delegation (DER, DAR, DMIR, etc.), the organizational delegation system (ODA), and the EASA's organizational delegation system (DOA, POA). We also reviewed regulations and actual status of delegation system in South Korea. On the basis of these, considering circumstances of aerospace industries in South Korea, we presented a method to introduce certification delegation system gradually and to improve domestic certification regulation.

A Study on the Certification Standard Analysis and Safety Assurance Method for Electric Propulsion System of the Urban eVTOL Aircraft (도심용 eVTOL 항공기 전기추진시스템 기준 분석 및 안전성 확보 방안에 관한 연구)

  • Kim, Juyoung;Yoo, Minyoung;Gwon, Hyukrok;Gil, Ginam;Gong, Byeongho;Na, Jongwhoa
    • Journal of Aerospace System Engineering
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    • v.16 no.3
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    • pp.42-51
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    • 2022
  • An eVTOL aircraft, which is required to operate with low pollution/low noise in urban environments, mostly use battery-powered electric propulsion systems as power sources, not traditional propulsion systems such as reciprocating or turbine engines. Accordingly, certification preparation for the electric propulsion system and securing the safety of the electric propulsion system, are important issues. In the U.S., special technical standards equivalent to FAR Part 33 were issued to certify electric engines, and in Europe, various special conditions were established to certify electric propulsion systems. Thus, in Korea, the technical standards for the electric propulsion system for eVTOL aircraft must also be prepared in line with the U.S. and Europe. In this paper, SC E-19, the technical standard of the electric/hybrid propulsion system (EHPS) in special conditions, was analyzed. Additionally, securing the safety of the electric propulsion system of the aircraft are proposed, through the collaboration of SC E-19 technical standards with the existing aircraft safety evaluation procedure ARP 4761. Finally, through a case study of the Ehang 184 electric propulsion system, it has been confirmed that the proposed safety assurance method is applicable at the aircraft level.

Deficiencies of China's General Aviation Law and its Improvement (중국 일반항공법의 법적 흠결과 개선방향)

  • Zhang, Chrystal;Diao, Weimin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.145-181
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    • 2013
  • General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

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