• Title/Summary/Keyword: 운송물 인도

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포장과 법률 - "위험물 선박운송 기준" 일부 개정(안)

  • (사)한국포장협회
    • The monthly packaging world
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    • s.242
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    • pp.100-109
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    • 2013
  • 해양수산부(장관 윤진숙)는 위험물의 분류기준을 국제기준과 동일하게 적용하고 위험물질 운송에 따른 안전성 제고를 위해 "위험물 선박운송 기준"을 개정하여 시행한다고 밝혔다. 개정된 기준은 국제적으로 적용되는 "국제해상위험물규칙"(IMDG Code)의 최근 개정내용을 반영하고, 위험물 및 화물구역의 종류별 방화장치 요건을 강화하여 위험화물로 인한 선박의 화재 및 폭발 사고가 감소될 것으로 기대된다. 특히, 위험물 운송 용기를 용기의 종류, 재료 및 형태별로 구분하고 외관, 구조 및 성능검사로 세분하여 위험물 용기 검사체계를 효율화함으로써 민원인의 편의를 도모하였으며, 또한, 국제기준에 따라 자동차를 일반선박이나 컨테이너에 수납하여 운반하는 경우 위험물로 분류되어 위험물수납 검사대상이 된다. 본 고에서는 "위험물 선박운송 기준" 일부 개정(안)에 대해 살펴보도록 한다.

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Practical Implications on Delivery of Goods under the Rotterdam Rules (로테르담규칙상 운송물 인도와 실무상 유의점)

  • YANG, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.74
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    • pp.55-79
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    • 2017
  • The Rotterdam Rules introduces new issues that have been ignored by previous international transport conventions. Among them, provisions on delivery of goods have been a much debated topic as it deviate from well established principles. Rotterdam Rules provides several alternatives in order to resolve uncertainty regarding delivery practice. The carrier have to make a resonable effort to deliver the goods following the required procedure which is different from transport document issued. Where the goods are not deliverable, the carrier could discharge from its obligations to deliver the goods when he deliver the goods by delivery instruction of shipper. In addition, he can take actions reasonably required according to circumstances if it is impossible to deliver the goods. These alternatives are not ideal, but they seem to be partly helping to solve practical problems arising in the process of delivery. However the delivery regime under the Rotterdam Rules could cause confusion in the traditional delivery principle. On the other hand, it puts a new burden on the parties concerned. In conclusion, the parties concerned should consider practical implications in issuing and transferring transport document as well as requesting and instructing delivery of goods.

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A Comparative Study between International Convention and National Legislation in Respect of the Liability of the Carrier in the Carriage of Cargo by Air (항공화물운송인의 책임에 관한 국제협약과 국내입법의 비교연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.19-45
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    • 2009
  • The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.

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Freight Market Segmentation Using Company Size and Shipment Characteristics Data (사업체 규모 및 출하특성 자료를 이용한 화물운송시장 분할)

  • Choe, Chang-Ho;Nam, Du-Hui
    • Journal of Korean Society of Transportation
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    • v.24 no.4 s.90
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    • pp.103-113
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    • 2006
  • Market Segmentation for Freight Transportation has been used to know the strategies both efficiency of freight transportation market and attraction of freight volume for carriers. It was so difficult to understand the individual preference of shippers that all shippers could be only homogenized through market segmentation. In Korea. standard Industrial classification has been used for freight market segmentation. This study evaluated another new market segmentation method for manufacturing industry. From the study, we knew that the best relevant market segmentation criterion was annual input-output volume, which showed excellent segmenting ability. Also. the results showed many differences against segmentation results according to standard industrial classification. This study had a meaning as a new trial which segmented freight transportation market using company size and shipment characteristic data.

Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea Focus on the Example of Every Countries' Legislation (한국(韓國)에 있어서 항공안전인(航空運送人)의 민사책임(民事責任)에 관한 국내입법(國內立法)의 제문제(諸問題) ${\sim}$각국(各國)의 입법례(立法例)를 중심(中心)으로 하여${\sim}$)

  • Kim, Doo-Hwan
    • 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).

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Responsibility allocation by awareness of parties on dangerous goods in maritime transport (국제해상운송에서 위험화물 인지에 따른 당사자의 책임 분배에 관한 연구)

  • Lee, Yang-Kee;Choi, Ji-Ho;Shin, Hak-Sung
    • International Commerce and Information Review
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    • v.16 no.4
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    • pp.125-150
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    • 2014
  • The number of dangerous goods are increasing in maritime transport. As a result, a number of nations and international organizations are establishing or amending the rules of dangerous goods. There is necessarily the transport of dangerous goods like fuel and the importance of the definition and scope of the goods is increased. In addition, the responsibility between the parties is different with the notification of the goods and its awareness of transporters. In particular, responsible clauses of the transport rule show antithetical concepts between the scope of immunity and the responsibility of a shipper concerned with wether transporters aware. This research performs two works. First, this research analyzes the definitions and scope of dangerous goods through prior research. Second, this research suggests the necessary of united interpretation of the articles through a comparative analysis on judical decisions concerned with awareness of transporters to dangerous goods. Dangerous goods have a distinctive feature and that is why responsibility and immunity between parties should be differently interpreted with general rules. Parties have duty concerned with faults on general goods and the scope of duty between parties can be specifically made. However, if there is no specific articles concerned with responsibility between parties to dangerous goods, they could confuse the responsibility on duties concerned with risk. Therefore, this research suggests solutions and necessary of the united criteria for the articles to dangerous goods through analyzing precedent cases.

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Right of disposition of cargo and Air waybill (송하인의 운송물 처분청구권과 항공화물운송장)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.177-199
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    • 2015
  • Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

A Study on the Activating Schemes of Kunsan Port As the Logistics Base of the Central Region in Korea (중부권 물류기지 군산항 활성화 방안에 관한 연구)

  • Jo, Jin-Haeng
    • Journal of Korea Port Economic Association
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    • v.24 no.4
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    • pp.329-347
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    • 2008
  • This thesis aims to contribute to upgrading its position to the biggest 8 ports in Korea by suggesting activating schemes of Kunsan Port in rapidly changing shipping environments. The research methodologies such as literature survey, O/D analysis are adopted in the study. The following several conclusions can be suggested. Firstly, in port logistics system the dredging in navigational channels and in Kumgang Dam and the incentive schemes for the shipping companies and the international freight forwarders are required. Secondly cargo inducement schemes should be introduced to induce container cargoes originated in Junbook Do Province and adjacent area etc. Thirdly the development of new shipping routes and strengthening the coastal routes among domestic sea ports. Fouthly establishing supply chain management system with adjacent Chinese Provinces such as Shandong.

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Forecasting the Trading Volumes of Marine Transport and Ports Logistics Policy -Using Multiplicative Seasonal ARIMA Model- (해상운송의 물동량 예측과 항만물류정책 -승법 계절 ARIMA 모형을 이용하여-)

  • Kim, Chang-Beom
    • Journal of Korea Port Economic Association
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    • v.23 no.1
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    • pp.149-162
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    • 2007
  • The purpose of this study is to forecast the marine trading volumes using multiplicative seasonal Autoregressive Integrated Moving Average(ARIMA) model. The paper proceeds by comparing the forecasting performances of the unload volumes with those of the load volumes with Box-Jenkins ARIMA model. Also, I present the predicted values based on the ARIMA model. The result shows that the trading volumes increase very slowly.

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A Study of Incentive System Problems for Busan.Gwangyang Port (부산항.광양항 인센티브제도의 문제점)

  • Won, Yangyeon;Kim, Dogeun
    • Journal of Korea Port Economic Association
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    • v.29 no.1
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    • pp.23-45
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    • 2013
  • This paper aims to identify the problems of incentives and find a solution to them by empirically analyzing the port incentives and the development of cargo volume. The current method of paying performance incentives and cargo-increase incentives makes it is possible for shipping companies to get the maximum incentives just by regulating cargo volumes without increasing them. Since the processing volume of transshipment cargo of the Busan port is over the volume eligible for the maximum incentive determined by the tie-up of shipping companies, the transshipment cargo can decrease. The incentive of the Busan port based on the cargo record and increase does not affect the increase of transshipment cargo, only to suffer a loss, and thus a new incentive system is needed that does not allow shipping companies to regulate cargo volumes. Based on the result of this study, We have to apply the even-handed incentive rule which pays the incentive for the cargo volume of the pertinent year with the unit price per 1 TEU to avoid the chicken game among the ports.