• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.3-35
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• 2013

Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

• Journal of Korea Port Economic Association
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• v.27 no.1
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• pp.1-11
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• 2011

The main purpose of this paper is to estimate the impact of exchange rate and economic business activity on the passengers' demand for international transportation. The demand pattern depends upon the transport vehicles that the global passengers take. The global passengers' demand for transportation is modelled as exchange rate, industrial production and seasonal dummy variables. The seasonality is found in both water and air, but the former is far greater than the latter. All series span the period January 1990 to December 2008. The empirical results of this paper reveal that the income elasticity of sea transport is greater than that of air one, all of which are positive. The study also shows that the exchange rate has an significant impact on the demand for air transport, whereas it is insignificant in water transport. The impulse response function indicates that passengers increase steadily before peaking seven to eight months after the shocks to economic business activity and decline very slowly to its pre-shock level. The air passengers also respond negatively to the shocks in exchange rate and the impacts of exchange rate shock seem to decrease relatively slowly, while the water passengers respond positively after six months. The industrial production shocks remain above equilibrium for more than twenty four months, while the exchange rate shocks remain below equilibrium for more than twenty four months. Boosted by improved economic conditions worldwide, international tourism has recovered faster than expected from the impacts of the global financial crisis and economic recession of late 2008 and 2009. These facts suggest that the demand of global water transport has the high possibility of growing steadily and continuously.

• Journal of Navigation and Port Research
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• v.36 no.10
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• pp.911-916
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• 2012

The purpose of this study is to review and suggest coastal shipping policies for introduction of WIG craft into domenstic passenger shipping market. Two Korean companies are leading in the development of WIG craft as an innovative sea transportation vehicle, and it is awaiting for commercialization. WIG craft is expected to be commercialized from coastal passenger market and we used AHP method to investigate the major factors and its' priority for smooth market entry. The results shows that priorities are on the WIG craft legislation, dock installation and operation, port state control, and pilot hiring and training, craft maintenance, and ship's certification in order.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.39-63
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• 2020

This paper reviews the Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with COVID-19 of EU commission. To enlighten the obscurity and to mitigate the economic impacts of the COVID-19, European Commission has published "Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19" on March 18, 2020. The Guideline essentially aims to create a coherent system of rules to assist the passengers, industry and national authorities overall under the unprecedented circumstances across the European Union. To do so, the Guideline is drafted to cover the rights of passengers travelling by air, rail, ship or bus/coach, maritime and inland waterways, as well as the corresponding obligations for carriers. From an aviation industry focused perspective, by referencing the Regulation (EC) numbered 261/2004, the Guideline specifically applies to cancellation and delay in flights which are seen as the dark spots for the air carriers concerning potential burdens.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.107-142
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• 2012

An aircraft has been one of the most important transportation means and disputes due to damage caused by delay of the aircraft happen many times out of ones related to the air transport. In 2011, the Air Transport Act in Commercial Law was established to regulate national air transport and the legislative system of air carrier's liability to handle delay of passengers or baggage was legislated here. Although there are some clauses related to the legislative system of air carrier's liability, they are very important because they deal with disputes due to damage caused by delay of the aircraft. The Air Transport Act in Commercial Law has a good point of adopting the global standard of 1999 Montreal Convention, but it has also a bad point of having the problems of 1999 Montreal Convention. There are some contents to be modified in the Air Transport Act in Commercial Law. First, the definition of 'Delay of Aircraft' needs to be enacted because it is important to materialize air carrier's liability due to damage caused by delay. Second, it is necessary to modify the clause in which air carrier's liability due to damage caused by delay of passengers is divided into two things, one is in case of national air transport and the other is in case of international air transport, and the limited amount of air carrier's liability in national air transport is eight times less than the latter because they are not so helpful to air carriers but too disadvantageous to aircraft passengers. Third, it is also necessary to amend the clause in which the limited amount of air carrier's liability due to damage caused by loss damage or delay of baggage has been legislated same without classifying the case into loss damage and delay, because they are generally different from each other in terms of extent of damage, therefore the limited amount of air carrier's liability by delay of baggage should be classified into in case of loss damage and in case of delay. It is desired that the Air Transport Act in Commercial Law including the clauses related to air carrier's liability by aircraft damage be developed continually by sufficient study and discussion about the necessity of amending it such as the one mentioned above.

• Journal of Digital Convergence
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• v.16 no.5
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• pp.137-143
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• 2018

Korea's air passenger traffic has been growing steadily. In this paper, we propose a forecasting model of air passenger demand to ascertain the growth trend of air passenger transportation performance in Korea. We conducted a simulation based on System Dynamics with the demand as a dependent variable, and international oil prices, GDP and exchange rates as exogenous variables. The accuracy of the model was verified using MAPE and $R^2$, and the proposed prediction model was verified as an accurate prediction model. As a result of the demand forecast, it is predicted that the air passenger demand in Korea will continue to grow, and the share of low cost carriers will increase sharply. The addition of the Korean transportation performance of foreign carriers in Korea and the transportation performance of Korean passengers due to the alliance of airlines will provide a more accurate forecast of passenger demand.

• 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.

• Journal of Korea Port Economic Association
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• v.32 no.4
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• pp.183-192
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• 2016

The purpose of this study is to analyze the choice behavior of the mode of transportation for travel from Korea to China. Discrete choice analysis is utilized to establish the factors that affect travelers' choice and to quantify the importance of these factors in transportation mode choices. The proposed choice models were constructed by using stated-preference (SP) data obtained from Chungcheongnam-do. This study also examined different choice behavior in order to capture any previously unobserved differences in the residence area. Results showed that the access time and frequency attributes are the most significant factors, while the travel time attributes are the least significant factors for travelers' choice behaviour. The insights of the results described in this research provide some practical suggestions to transportation providers for planning and strategic management endeavors in the future.

• Journal of Korean Society of Transportation
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• v.27 no.2
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• pp.157-168
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• 2009

The random utility theory and the multinomial logit model (including a more recent variant--the mixed multinomial logit) derived from it have constituted a back bone for theoretical and empirical analyses of various travel demand features including mode choice. In their empirical applications, however, it is customary to specify random utilities which are linear in modal attributes such as time and cost, and in socio-economic variables. The linearity helps easy derivation of important information such as value of travel time savings by calculating marginal rate of substitution between time and cost. In this paper the author focuses on the very linearity of the random utilities. Taking into account the fact that the mode chooser is also labour supplier, commodity consumer as well as leisure-seeker, the author sets up a maximization model of the traveller, which encompasses various economic activities of the traveller. The author derive from the model the indifference curve defined on the space of modal attributes, time and cost and investigate under what conditions the random utility of the traveller becomes linear. It turns out that there exist the conditions under which the random utility is really linear in modal attributes, but the property does not hold when the traveller has a corner solution on the space of modal attributes, or when the primary utility function of the traveller is directly affected by labour provided and/or the travel time itself. As a corollary of the analysis, a random utility is suggested, approximated up to the second order of the variables involved for empirical studies of the field.

• Journal of Digital Convergence
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• v.18 no.2
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• pp.1-12
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• 2020

This study aimed to select and evaluate policy priorities for the expansion of public and semi-public systems for coastwise passenger transport services. For research methodology, the Consistent Fuzzy Preference Relations (CFPR) method was used to effectively extract expert knowledge. First, the result of the analysis on policy tasks for expanding the semi-public system for coastwise passenger transport services showed that "the establishment of public transportation fare system" was the most important task at 0.160. Second, "conversion of the subsidiary routes to a public system by the central government" was ranked next at the importance of 0.136. The factor named "support through proper allocation of budgets between national and local governments" are ranked third (0.119). The results of this study have practical implications in that it proposed the policy priorities for the expansion of the public semi-public systems for coastwise passenger transport services.