• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.9-58
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• 2005

The Warsaw Convention-officially denominated the "Convention for the Unification of Certain Rules Relating to International Transportation by Air"- is a major multilateral agreement governing the rights and responsibilities of passengers, consignor/consignee and air carriers in international transportation. Article 29(1) of the Warsaw Convention provides that the right to damages shall be extinguished if an action is not brought within 2 years, reckoned from the date of arrival at the destination, from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped. There has been disagreement as to the nature of this provision. It has been viewed on one hand as a statute of limitations, which may be tolled in appropriate circumstances. Some US Courts which have taken this approach read Article 29(2)-which states that the method of calculating the period of limitation shall be determined by the law of the court to which the case is submitted-as leaving to local law the determination of when the 2-year limitation period provided for in Article 29(1) runs. Therefore, they conclude, under Article 29(2), whenever state law would toll a state statute of limitations, the statute of limitations contained in Article 29(1) would be tolled as well. On the other hand, some other US courts have viewed the 2-year provision contained in Article 29(1) as a condition precedent to the right to bring suit, which will absolutely bar any action not brought within 2 years of the events giving rise to the action. These courts view Article 29(2) as providing only that the forum court should look to the law of the forum on the question whether the plaintiff has taken the necessary measures within the 2-year period to invoke that particular court's jurisdiction over the action. These courts have placed great weight on the "legislative" history of the Convention in reaching this position, noting in particular that the delegates to the Convention expressly considered and rejected a provision, which would have incorporated local tolling provisions.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.3-35
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• 2016

The United States Constitution gives power to the federal district courts to hear admiralty cases. 28 U.S.C. §.133, which states that "The district courts shall have original jurisdiction, exclusive of the Courts of the States, of any civil case of admiralty or maritime jurisdiction." However, the determination of whether a case is about admiralty or maritime so that triggers admiralty jurisdiction was not a simple question. Through numerous legal precedents, the courts have drawn a line to clarify the boundary of admiralty cases. This unique jurisdiction is not determined by the mere involvement of a vessel in the case or even by the occurrence of an event on a waterway. As a general rule, a case is within admiralty jurisdiction if it arises from an accident on the navigable waters of the United States (locus test) and involves some aspect of maritime commerce (nexus test). With regarding to the maritime nexus requirement, the US Supreme Court case, Executive Jet Aviation, Inc. v. City of Cleveland, held that federal courts lacked admiralty jurisdiction over an aviation tort claim where a plane during a flight wholly within the US crashed in Lake Erie. Although maritime locus was present, the Court excluded admiralty jurisdiction because the incident was "only fortuitously and incidentally connected to navigable waters" and bore "no relationship to traditional maritime activity." However, this historical case left a milestone question: whether an aircraft disaster occurred on navigable water triggers the admiralty jurisdiction, only for the reason that it was for international transportation? This article is to explore the meaning of admiralty jurisdiction over aviation accidents at US courts. Given that the aircraft engaged in transportation of passenger and goods as the vessels did in the past, the aviation has been linked closely with the traditional maritime activities. From this view, this article reviews a decision delivered by the Seventh Circuit regarding the aviation accident occurred on July 6, 2013 at San Francisco International Airport.

• Journal of the Korean Institute of Navigation
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• v.24 no.4
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• pp.269-283
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• 2000

Service is the source of firm's competitive advantage in recent years. The importance of service quality in any service industry doesn't need to be disputed. Customers have expected the improvement of the quality of service they receive ,so providers are struggling to meet these expectations. This study aims at finding factors of service quality in passenger transportation. An empirical investigation and the measurement on the perceived Service Quality by customers in the passenger transportation system was carried out. The purpose of this study is to clarify the factors of service quality on the basis of service marketing concept. In order to fulfill the objectives, this paper combines research tools that include both empirical study and documentary research. Data was gathered from 239 passengers by the use of questionnaire. In this study, the established hypotheses were generated on the basis of the service quality evaluation (SERVQUAL) model. Research findings through empirical test are as follows. First, five service quality dimensions in passenger transportation are identical to SERVQUAL dimensions defined by Parasuraman, Zeithaml, and Berry in 1988. Second, demographic segments such as gender and age don't have significant different dimension of service quality. Third, there is no significant difference between groups by experiences such as price level, abroad tour and vehicle type in determinants of transportation service quality.

• Proceedings of the Korea Information Processing Society Conference
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• 2012.11a
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• pp.1607-1610
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• 2012

국제 무역의 활성화와, 운송수단의 기술적 발전은 국가 간 교역을 증대시키게 되었다. 특히 해상 무역 물동량의 증가는 국제항을 다양한 재화 및 여객 소통의 중심으로 만들었고, 경제적 관문으로써의 중요성이 높아지고 있으며 점차 국가 주요 기반 시설로 자리 잡고 있다. 즉, 원활한 교역을 위한 물류 효율화 달성과 안전한 항만 운영을 위한 보안 제도 강화의 필요성이 증대됨에 따라, 이를 효과적으로 관리 유지할 필요가 있게 되었다. 이에 본 논문은 자동화 고부가가치 서비스가 가능한 정보 중심의 u-Port(Ubiquitous Port)를 국가 전략적 차원에서 육성한 대한민국 사례를 기반으로 효율적인 항만물류를 위한 기반 시스템으로 활용될 수 있도록 해운물류표준화 기구인 IMO(International Maritime Organization)에 선진 사례로 소개하고 활용할 수 있는 방안을 제시하고자 한다. u-Port는 수출입 화물 관리가 용이하며 항만 보안을 강화하는 등 항만 업무 효율화를 제공할 수 있다는 장점으로 향후 개발도상국 또는 후진국의 항만 업무 생산성 및 투명성을 높일 수 있는 기반을 지원할 수 있을 것이다.

• Journal of Korea Port Economic Association
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• v.36 no.2
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• pp.37-52
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• 2020

This study deals with the terms of three connection factors that promote air cargo transportation in the east-south area: a firm's subjective factors, industrial environment factors, and governmental policy factors. According to the analysis results, a firm's subjective factors (4.48) scored highest of the three promotion factors, followed by industrial environment factors (4.20) and government policy factors (3.88). Therefore, it is important to promote to air cargo transportation in the east-south area a firm's subjective factors (1) to procure concentrated market strategy and real market capacity, (2) to procure speedy satisfaction of customer needs and confidence, (3) to enhance aviation route development, and (4) to enhance business ability of airlines and forwarders. Next, air cargo transportation should be promoted in the east-south area by considering industrial environment factors and government policy factors.

• Journal of Korean Society of Transportation
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• v.27 no.1
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• pp.73-81
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• 2009

While various factors in passenger and freight demand analysis affect on destination choice, a key factor, in general. is an attractiveness measure by size variable (e.g., population. employment etc) in destination zone. In order to measure the attractiveness, some empirical studies suggested that disaggregate gravity model are more suitable than aggregate gravity model. This study proposes that truck travelers trip diary data among Korean commodity flow data could be used to estimate the behaviors of incorporating trip departure time, activity duration and attractiveness in destination. As a result, the main findings of size and distance variables coincide with the conventional gravity model having a positive effect of population variable and a negative effect of distance variable. Due to disaggregate gravity modeling, the unique findings of this study reports that small trucks are more likely to choose short distance and early morning, morning peak and afternoon peak departure time choice. On the other hand, large trucks are more likely to choose long distance and night time departure time choice.

• Journal of Advanced Navigation Technology
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• v.15 no.5
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• pp.893-905
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• 2011

CUPPS is the latest international standard passenger processing system which is operated with airlines' check-in system, DCS (Departure Control System) in order to provide check-in and boarding services to passengers. The CUPPS standard has been revised in August 2009 leading by IATA (International Air Transport Association) who recommends replacing old legacy common use system with CUPPS to airports and airlines around the world. IATA is expecting to reduce the installation and maintenance cost of CUPPS by standardizing various legacy common use systems and device controls. Airlines are also expecting to take advantage of the system to reduce the application development cost as developing only one standard CUPPS application instead of developing multiple applications for nonstandard legacy systems. This research which focuses on development completed AIRCUS, R&D project of ministry of land, transport and maritime affairs accomplished by IIA, will present the result of pilot trial and the effective approach methods to increase the possibility of expanding overseas business by comparing old legacy system with CUPPS to prove the dominance of CUPPS over the legacy systems as well as doing foreign case studies.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.225-285
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• 2017

In regard to the regulations related to the RPA(Remotely Piloted Aircraft), which is sometimes called in other countries as UA(Unmanned Aircraft), ICAO stipulates the regulations in the 'RPAS manual (2015)' in detail based on the 'Chicago Convention' in 1944, and enacts provisions for the Rules of UAS or RPAS. Other contries stipulates them such as the Federal Airline Rules (14 CFR), Public Law (112-95) in the United States, the Air Transport Act, Air Transport Order, Air Transport Authorization Order (through revision in "Regulations to operating Rules on unmanned aerial System") based on EASA Regulation (EC) No.216/2008 in the case of unmanned aircaft under 150kg in Germany, and Civil Aviation Act (CAA 1998), Civil Aviation Act 101 (CASR Part 101) in Australia. Commonly, these laws exclude the model aircraft for leisure purpose and require pilots on the ground, not onboard aricraft, capable of controlling RPA. The laws also require that all managements necessary to operate RPA and pilots safely and efficiently under the structure of the unmanned aircraft system within the scope of the regulations. Each country classifies the RPA as an aircraft less than 25kg. Australia and Germany further break down the RPA at a lower weight. ICAO stipulates all general aviation operations, including commercial operation, in accordance with Annex 6 of the Chicago Convention, and it also applies to RPAs operations. However, passenger transportation using RPAs is excluded. If the operational scope of the RPAs includes the airspace of another country, the special permission of the relevant country shall be required 7 days before the flight date with detail flight plan submitted. In accordance with Federal Aviation Regulation 107 in the United States, a small non-leisure RPA may be operated within line-of-sight of a responsible navigator or observer during the day in the speed range up to 161 km/hr (87 knots) and to the height up to 122 m (400 ft) from surface or water. RPA must yield flight path to other aircraft, and is prohibited to load dangerous materials or to operate more than two RPAs at the same time. In Germany, the regulations on UAS except for leisure and sports provide duty to avoidance of airborne collisions and other provisions related to ground safety and individual privacy. Although commercial UAS of 5 kg or less can be freely operated without approval by relaxing the existing regulatory requirements, all the UAS regardless of the weight must be operated below an altitude of 100 meters with continuous monitoring and pilot control. Australia was the first country to regulate unmanned aircraft in 2001, and its regulations have impacts on the unmanned aircraft laws of ICAO, FAA, and EASA. In order to improve the utiliity of unmanned aircraft which is considered to be low risk, the regulation conditions were relaxed through the revision in 2016 by adding the concept "Excluded RPA". In the case of excluded RPA, it can be operated without special permission even for commercial purpose. Furthermore, disscussions on a new standard manual is being conducted for further flexibility of the current regulations.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.225-266
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• 2018

In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

• Journal of Navigation and Port Research
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• v.32 no.1
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• pp.47-56
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• 2008

With rapid growing of the Northeastern Asia, the interest for the connection of Infrastructure that was behind of interesting until now is getting larger. In a line of same connection, UN-ESCAP are forwarding transcontinental railway project, asian highway project et al.. And this study aimed at analysis on the effect that extended to a space by Korea-Japan undersea tunnel project. In aspect of a national land balanced-development to solve various problems such as overcrowding in capital region, unbalanced state by regions, weak exchange between South and North Korea, and weakness of national land basis to prepare for unification et al., this study consulted the economic potentiality model as a analysis method to examine an effect. In this analysis, I used 24 scenarios including all cases by combination of 3 scenarios for Korea-Japan undersea tunnel, 4 scenarios for transportation modes in the section of undersea tunnel, and 2 scenarios for adjacency infrastructure. Transportation modes in the section of undersea tunnel are railway, car-train, mixing way of railway and car-train, and mixing way of road and railway. Adjacency infrastructure applied railway and road. In all scenarios, Korea showed higher growth potentiality than Japan. Also, proposal plan C route relatively showed better in national land balanced-development than other proposal plans. The growth potentiality relatively appeared higher by buildup of a connection together with non-capital regions from the construction of Korea-Japan undersea tunnel. In aspect of Northeastern Asia, it resulted in a increasing of trade and chance of network formation in the region of Asia through infrastructure connection. But, in considering passenger and various factors that extended to the economic growth, this analysis have some limitation. Therefore, I hope that deep studies will continuously perform with various factors.