• Journal of Navigation and Port Research
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• v.46 no.3
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• pp.191-202
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• 2022

The purpose of this study was to investigate and analyze the perceptions of passengers on various topics related to passenger ship operation, by targeting the passengers (passenger ship consumers) at coastal passenger terminals in three regions, Incheon, Mokpo, and Tongyeong, where many coastal passenger ships operate in Korea. The survey period was October 1-October 11, 2019, just before the outbreak of COVID-19, and the number of samples was 277. The analysis was divided into two elements. Results of the analysis show that, for items islanders as well as the general public did not respond to more than 50% positively, a more in-depth review of policies and fare policies for transportation-disabled facilities through comprehensive fare evaluation such as the excellence of transportation-disabled facilities, the appropriateness of fares, and the appropriateness of fare guidance are necessary. It is expected that this study will contribute to the preparation for re-opening after COVID-19, as well as contribute to public transportation policy.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.4
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• pp.389-397
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• 2018

Modern countries have almost ratified the UN Convention on the rights of persons with disabilities and are creating environments to prevent discrimination against these individuals. In 1996, the International Maritime Organization presented a recommendation for the design and operation of passenger ships to respond to elderly and disabled persons' needs. In Korea, an act on the promotion of transportation convenience for mobility disadvantaged persons has been implemented, and facilities for the disabled have been rapidly installed in ships, vehicles, aircraft, railways and passenger terminals. However, the maritime transport environment is less concerned about disabled persons than safety. In this study, basic research was conducted to improve the maritime transport environment for disabled people in Korea through a field survey and literature survey. As a result, it was found that relevant laws and regulations have not been properly applied to excursion ships and ferries as well as small-scale ports, which are responsible for a large part of coastal passenger transportation. In addition to low installation rates of facilities for the transportation of persons with disabilities in ships and terminals, loose equipment was also considered. Therefore, it is necessary to protect the human rights of persons with disabilities, which are universal values of humanity, by complementing laws and introducing improved facilities.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.4
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• pp.428-436
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• 2015

This paper considered the concept and characteristic OSV operation business for support the offshore plant and suggested amendment Maritime Transportation Laws, legislative proposals to solve the legal absence and to develop offshore service industry. Because Maritime Transportation Laws specialized for the carriage of passenger and goods by sea is not perfectly covered with Offshore support business in Korea. So it is necessary to make an explicit amendments for the article of Maritime Transportation Laws that founds absence of the law with the definition of terms to correspond related existed regulation reflected on the characteristic offshore support business by using OSV to develop offshore plant industry including support, service, supply, transportation etc. I expect that this paper will be a basic study to make a government policy, law, regulation to activate Offshore Service Industry in the future.

• Journal of Korean Society of Transportation
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• v.27 no.5
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• pp.75-82
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• 2009

Air transport markets are composed of airlines' networks through their base airports. The analysis of an air transport market has been focusing on determining the efficiency or competitiveness of airports or airlines in the market using number of routes, number of passengers, transfer rates, revenues, costs, and other data. However, little work has been done in analyzing the airport network itself. Assuming the air transport markets of Korea, China, and Japan are integrated, this paper aims to analyze the characteristics of the resulting airport network. To that end, the degree of connectivity, the degree of closeness, and the betweenness of centrality are employed. The analysis shows that Incheon International Airport is better than most other airports in terms of the degree of connectivity and that of closeness. Airports in Japan, however, exhibit strong connectivity but weak closeness and betweenness of centrality. Although it has low connectivity, Shenyang Airport has a possibility of becoming an attractive point of the integrated market in the future due to its high degree of closeness.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.6
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• pp.646-651
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• 2017

The purpose of this study is to design a proper evaluation method for analysing the safety management efficiency of coastal ship companies, and to verify these evaluation standards by applying them to a representative company. For this purpose, 5 evaluation items and 14 specific sub-evaluation elements have been determined after collecting practical opinions from a group of expert, which consisted of safety managers in passenger ship companies, public servants as a ship inspector, passenger ship operations managers, etc. Next, the safety management levels of 44 coastal passenger ship companies were evaluated using these standards. Finally, the validity of the proposed evaluation method was verified through comparison analysis between the evaluation results and the ratio of major marine accidents. It was determined that companies with low evaluation levels were saw more major marine accidents than other coastal passenger ship companies, spurring greater interest in safety management. In conclusion, evaluation standards allow coastal passenger ship companies to voluntarily assess their safety management level were established. The result can also be applied to analyse the operation efficiency of coastal passenger ship companies.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.3-31
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• 2017

On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.147-176
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• 2011

China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

• Journal of Korean Society of Transportation
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• v.22 no.6
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• pp.159-173
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• 2004

Using a generalized translog multiproduct cost function model, this paper examines economies of scale and scope in the vertically-integrated Korean railway industry. The paper then conceptualizes that the Korea National Railroad (KNR) produces four outputs (passenger-kilometers, ton-kilometers of freight, average length of passenger trips, and average length of freight haul) using three input factors(labor, fuel and maintenance, and rolling stock and capital). Using time series data collected from the KNR's annual records for the years from 1977 to 2002, the simultaneous equation system consisting of a cost function and two input share equatins is estimated with the Zellner's iterative seemingly unrelated regression. The findings show that the cost function corresponding to a non-Cobb-Douglas, non-homothetic, and non-homogeneous production technology adequately represents the KNR's cost structure. On the other hand, the Korean railway industry experiences sizeable overall scale economies, which result from substantial product-specific scale economies associated with passenger-kilometers and freight ton-kilometers and from scope economies associated with their joint production. In addition, the magnitude of economies of scope is influenced largely by the ratio of passenger trips, and has increased over time as the former has increased while the latter has decreased.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.9-28
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• 2003

The Warsaw Convention of 1929 and the amendments thereto including the Hague Protocol, Montreal Protocols Nos. 1,2,3 and 4, the Guadalajara Convention and the IATA Intercarrier Agreements, which are the rules (as called "War saw System") have played as a major rule in the international air transportation for more than 70 years, will be replaced by the Montreal Convention of 1999 for its effectiveness on November 4, 2003. While a major portion of the Montreal Convention follows the language of the Warsaw System, the Montreal Convention makes significant changes to the scope and extent of the carrier's liability, expands the jurisdictions where the carrier can be sued, and recognizes the effect of code sharing on air carrier liability. The Montreal Convention heralds the single biggest change in the international aviation since the diplomatic efforts in the mid-1920's which resulted in the enactment of the Warsaw Convention. Until now, the legal liability of almost all the international air carriers has been governed by the Warsaw System. The Montreal Convention incorporates provisions of these instruments to create a single document and to set a uniform regime for carrier liability in international transportation. At the same time the issue of the low liability limits of the Warsaw has been resolved to a more satisfactory level in the Montreal Convention. The Convention has been hailed as consumer friendly and progressive in nature. If this Convention is ratified by Korea, the virtual elimination of the liability limits between the passengers and the airlines will become law by treaty. The airlines in Korea as well as Korean consumers of international air carriage will immensely benefit from the ratification. As opposed to the Warsaw Convention, the Montreal Convention has been described to be the one that is no longer a Convention for airlines, but it would serve the interests of both the consumers and the air carriers.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.9-53
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• 2004

This paper described the contents of theme entitled "Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea" including the current example of fourteen countries' legislation ((1) Great Britain, (2) United States of America, (3) Canada, (4)European Union), (5) Germany, (6) France, (7) Italy, (8) Spain, (9) Swiss, (10) Australia, (11) Japan, (12) People's Republic of China, (13) Taiwan, (14) North Korea) relating to the aviation law or air transport law. Though the Korean and Japanese aviation act has provided only the public items such as (1) registration of aircraft, (2) persons engaged in aviation, (3) operation of aircraft, (4) aviation facilities including airport, (5) air transport business, (6) investigate of aircraft accidents etc., but they could not regulated the private items such as the legal relations of the air transport contract (1) air passenger ticket, (2) air luggage ticket, (3) airway bill, (4) liability of air carrier, (5) amount of compensation for damage caused by aircraft accidents, (6)jurisdiction, (7) arbitration, (8) limitation of action, (9) combined carriage, (10) carriage by air performed by an actual carrier other than contracting carrier, damage caused by aircraft to the third parties etc. in their aviation act until now. In order to solve speedily the legal problems on the limitation of air carrier's liability and long law suit and disputes between wrongdoers and survivors etc, it is necessary and desirable for us to enact a new "Draft for the Air Transport Act" including the abovementioned private items. I would like to propose personally and strongly the legislation of "Draft for the Air Transport Act" in Korea in emphasizing the importance of ensuring protection of the interests of consumers air passengers and shippers in carriage by air and the need for equitable compensation between air carriers and survivors caused by the aircraft accidents such as the German Air Transport Act (Luftverkerhrsgesetz).