• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.2
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• pp.123-129
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• 2012

Cabotage means transportation of cargoes or passengers between two points within same country by vessel or aircraft which registered to foreign country. Cabotage regulation has justified by the protectionism in economic aspect and by national security in the defence of a country, thus most world's major countries including United States of America, Japan and European Union(outside EU) are executing cabotage. Even though Korean's controlled fleet ranked to 5th in the world, shortage and ageing of Korean domestic seafarers came to the restricted factor in the Korean domestic shipping. Resultingly Korean government permitted 530 Myanmarese and Indonesian seafarers to come on board in domestic vessel. In regarding to the Korean law, there are no direct relationship between boarding foreign crew in domestic vessel. However the baxic concept of cabotage will be spoiled by boarding foreign crew under the regulation of cabotage, so special treatment should be needed to cover the problems in coastal shipping arose form them. To minimize the problems derived from foreign crew, following actions are recommended; first, management skills of foreign crew are needed to overcome differences of communication and culture; second foreign crew supporting center should be established to counsel their difficulties; third, high level of manning companies should be promoted; forth, stabilized crew supply should be guaranteed by improving employment condition; finally, memorandum of understanding should be concluded between two countries to prevent seceders.

• Proceedings of the KSR Conference
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• 2006.11b
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• pp.1017-1028
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• 2006

Japanese railroad companies continued growing by developing diversification based on a railroad enterprise. However, after entering in the 1990s, the diversification model of a railroad company reached the management limit. Under economic depression, A decrease in the birthrate and aging progressed and passenger transport changed to the downward tendency. Nevertheless, since railroad investment was expanded, railroad achievements got worse and price competitiveness with JR East Japan became weak. But the achievements of a diversification section got worse compared with the railroad enterprise. Therefore, group management was thought as important and enterprise reorganization was developed.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.5
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• pp.520-529
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• 2019

This paper has made an empirical research on airline staff working at Incheon international airport, who perceived safety culture in their organization and delivered safety information while the staff were providing service against passengers. The purpose of this paper was to analyze the relationship among safety culture, service quality and service provider efficacy to find out which factor of safety culture had a significant effect on both service quality and service provider efficacy. Following the results from empirical research, this paper would provide administrative implications which could be applied to improve airline's service quality and to manage effectively the airline staff at field. According to research, it was found fairness culture among safety cultures had a positive and significant effect on both service quality and service provider efficacy. However, reporting/studying culture had a negative effect on them. In other words, it would decrease airline service quality and prevent active service provider's efficacy at airport if a airline management focused reporting/studying culture of safety. It is important to settle down fairness culture of safety to motivate and improve service quality.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.95-116
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• 2015

Air transport agreement can be divided into air passenger contract of carriage and aviation also of the contract of carriage. And air carriers for damages greater (1) cause reason, of (2) limit reason, (3) exemption reason. Exemption reason for the extinction of the liability for damages in our Commercial Code, the Convention and domestic law are mixed. Convention on the Commercial Code and air transport, air transport people, if it is proved and that it has taken all the measures that are needed for the prevention of damage to overdue damage of passengers, liability is waived. So what was to achieve the requirements of all the actions that are reasonably necessary in any case is a problem. Amendment has the feature that the treaty for the International Air Transport reflect in accordance with the domestic situation, while being struck by international standards encompassing land, sea and air transport, even on the system. However, Commercial Code while mainly reflect the Montreal Convention governing air carrier's liability issues on the contract of carriage, a problem which the Convention had also began to occur together. So the problem due to accept the treaty to fit the domestic situation occurs. There is a need for analysis of all of the actions that are "reasonably necessary, which is defined in the Commercial Code. If there is no claim within Value Date rotor two years to air carriers on the court for the damage caused by air transport, the responsibility of air carriers disappear, sued the period of such two years, what kind of meaning on domestic law extension and stop to be whether it is interpreted, it should be determined to do their aggressive measures for the reasonable care and accident prevention.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.99-144
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• 2016

The summary of the case is as follows: a Korean passenger booked and purchased a business class ticket from Air France that was scheduled to depart from Paris and arrive in Seoul. When the passenger arrived at the check-in counter, he was told that all business class seats were occupied. It was because the flight was overbooked by Air France. The passenger cancelled the Air France flight and took another air carrier. After arriving in Korea, he brought suit against Air France for damages. The purpose of this article is to discuss the governing law when interpreting the contract of international air carriage in accordance with the Korean Private International Act (2001) and to analyze air carrier's civil liability for the bumped passenger in the overbooking case. If the parties have not chosen the applicable law the contract shall be governed by the law of the habitual residence of the consumer in the following situations: prior to the conclusion of the contract, the opposite party of the consumer conducted solicitation of transactions and other occupational or business activities by an advertisement in that country or conducted solicitation of transactions and other occupational or business activities by an advertisement into that country from the areas outside that country and the consumer took all the steps necessary for the conclusion of the contract in that country or in case the opposite party of the consumer received an order of the consumer in that country [Article 27 (1), (2) of the Private International Act]. Since the contract of international carriage falls into the consumer contract, the Supreme Court viewed that the governing law of the contract in this case would be the law of the habitual residence of the consumer (Supreme Court Decision 2013Da8410 decided on Aug. 28, 2014). This interpretation differs from the article 5 (4) of Rome Convention(80/934/EEC) which declares that the consumer contract article shall not apply to neither a contract of carriage nor a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence. Even though overbooking can be considered as a common industry practice, an air carrier must burden civil liability in case of breach of contract for the involuntary bumped passenger(Seoul Central District Court Decision 2014Na48391 decided on Jan. 29, 2015). In case of involuntary bumping, an air carrier must offer re-routing to passenger's final destination by an alternative flight. If an air carrier fails to effect performance in accordance with the tenor and purport of the obligation, the involuntary bumped passenger may claim damages(Article 390 of the Civil Code).

• Journal of Korea Port Economic Association
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• v.37 no.4
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• pp.127-144
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• 2021

The purpose of this study is to derive service factors based on the "Rail Statistical Yearbook" data of railroad service providers from 1990 to 2019, and to analyze the effect of the service factors on the operating profit ratio(OPR), a representative management performance variable of railroad transport service providers. In particular, it has academic significance in terms of empirical research to evaluate whether the management innovation of the KoRail has changed in line with the purpose of establishing the corporation by dividing the research period into the first period (1990-2003) and the latter (2004-2019). The contents of this study investigated previous studies on the quality of railway passenger transportation service and analyzed the contents of government presentation data related to the management performance evaluation of the KoRail. As an empirical analysis model, a research model was constructed using OPR as a dependent variable and service factor variables of infrastructure, economy, safety, connectivity, and business diversity as explanatory variables based on the operation and management activity information during the analysis period 30 years. On the results of research analysis, OPR is that the infrastructure factor is improved by structural reform or efficiency improvement. And economic factors are the fact that operating profit ratio improves by reducing costs. The safety factor did not reveal the significant explanatory power of the regression coefficient, but the sign of influence was the same as the prediction. Connectivity factor reveals a influence on differences between first period and latter, but OPR impact direction is changed from negative in before to positive in late. This is an evironment in which connectivity is actually realized in later period. On diversity factor, there is no effect of investment share in subsidiaries and government subsidies on OPR.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.199-220
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• 2004

The Montreal Convention which came into force on November 4, 2003 over the world, has brought a fundamental change to the scope of carrier liability and expanded the sue scope of the carrier. Not only confirms the carrier liability, it also reflects the effects of code-share. In addition to integrate the existing principles that adopted by many conventions, the Montreal Convention has systematized the unity of international air transport into a single convention. It even successfully increased the extremely low compensation amount which was pointed out as a problem in the Warsaw Convention before. The Warsaw Convention, originally stood for the carriers, began to reflect the standpoint of the passengers. The Chinese Civil Aviation Law came into force on March 1, 1996. One of the significant characteristics of the law is that, the regulation on public and private law is mixed combined. Therein, the content of carrier liability system is prescribed in Chapter 9, which is explained in detail in this study. Besides, the relationship between the Montreal Convention and China will be expounded too. So far, China ranks the 5th in RPK and the 6thin FrK. However, in spite of the high ranks, China has not yet joined this convention. This can be regarded as a serious problem. China should join it as soon as possible for a further development and deeper cooperation with the air-industry-developed countries. Once the government ratifies the Montreal Convention, it will benefit both the Chinese passengers and the airlines.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.5
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• pp.637-647
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• 2020

Airports and civil aviation authorities have recently utilized and expanded the use of biometric technologies to respond proactively against the rapid changes in aviation terrorism due to scientific development. The Global Security Plan (GASeP) developed by the International Civil Aviation Organization (ICAO) is regarded as precondition for sustainable development of the global air transport industry. Thus GASeP has sought to improve aviation security system using biometic technologies. The purpose of this paper is to realize the equivalent access of aviation security system throughout the world with biometric technologies. First, this paper reviewed the current biometric-security system operated by the EU, USA and international society. Second, legal and institutional processes regarding personal biometric information were analyzed to suggest political implications. This paper concluded that ICAO should propose a global standardization and prepare guideline materials among its 193 member states to prevent aviation security breaches and to share related information on a real-time basis because time is required to utilize biometric technology to improve aviation safety and to develop global air transport.

• Proceedings of KOSOMES biannual meeting
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• 2004.05b
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• pp.43-48
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• 2004

The development of the traffic system has brought relative reduction in aspect of the cost and time distance on the geographical space. SOC(social overhead capital), an express highway and railroad, has a great and absolute effect on the prosperity of community, As Mokpo is one of the community under the influence q West costal highway express and KTX(Korea Train Express), the number of the tourists visiting city of port like Mokpo has increasing gradually, especially at the high-demand season(in Summer). But the coastal passenger boot can't be capable of customers arriving at the port. As a result of this situation, the 'balking' occurs. No 'balking', means the jam of road. In this thesis, by understanding the concept and property of ARENA and simulating operation of coastal passenger boot at Mokpo port, intends to analyze the truth of 'balking' and finds an effective operation method of coastal passenger boot for the solution to the traffic jam. The solution to the jam in the vicinity of port of Mokpo, which try to develop tourism package commodity now, will present the effect of qualitative analysis in giving an opportunity of economic growth of the community, Mokpo.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.1
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• pp.43-55
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• 2018

The biggest change in the field of coastal ship safety control since the accident of passenger ship Sewol has been the introduction of the maritime safety supervisor system. With its introduction, the safety control system in coastal passenger ships was changed from consisting of operation managers and marine police to operation managers and a newly-introduced maritime safety supervisor. The safety control system for coastal cargo ships was also converted from relying on ship inspection officers to having a maritime safety supervisor and ship inspection officers. However some negative elements have surfaced due to confusion related to the scope of work in the coastal cargo shipping field. These have been caused by dividing the supervisory agency, a lack of work continuity given non-permanent public official status, low supervisor qualifications overlooking reality, and limitations of the order for improvement to secure seaworthiness. It is essential that the maritime safety supervisor system be solidified to reinforce coastal ship safety control. Therefore, systematic safety control in the coastal cargo shipping industry should be conducted by a single, integrated government agency, and the area covered by the order for improvement to secure seaworthiness should be extended. Also limitations of the supervisor recruitment system due to non-permanent public official status should be simultaneously improved. In addition, it is necessary to upgrade supervisor qualifications to require experience with surveyors of international class, ship captains, and chief engineers.