• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.49-50
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• 2007

선박의 대형화 및 해상사업의 기업화 등에 따라 해상운송에 있어 화물의 하역, 보관 등의 전문적인 부분을 담당하고 있는 항만하역업자, 항만터미널운영자, 창고업자 동 독립계약자의 역할은 점점 증대되어 가고 있는 추세이다. 하지만 국제해상운송은 해상운송인과 화주를 중심으로 체결한 운송계약을 중심으로 이루어져 왔으므로, 영국 보통법상의 직접계약관계의 원칙에 의해 계약당사자가 아닌 자는 계약상의 이익을 원용할 수 없다는 입장을 유지하여 왔다 이에 대해 이를 완화하고자 하는 다양한 방안이 적용되고 있으며, '히말라야약관'도 그러한 방안중의 하나이다. 본 논문은 최근 대법원판결을 통해 우리나라 법원의 히말라야약관의 유효성 인정에 대한 내용을 재검토해 본다.

• Journal of Korea Port Economic Association
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• v.31 no.4
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• pp.209-225
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• 2015

A freight forwarder plays an important role in global trade and logistics by connecting worldwide nodes such as shippers, ports, and airports. Most freight forwarders in Korea are small and do not provide a sophisticated and professional service. This study aims to develop a strategy for Korean freight forwarders to the world-class 3PLs which they have to establish the strategy on how shippers select their freight forwarders. We conducted a higher-order factor analysis using the PLS-SEM techniques on the SmartPLS program to confirm the importance and significance of each factor, while considering relevant previous research. The findings suggested that shippers chose their freight forwarders for international logistics activities primarily by the reliability and forwarder service factors. Therefore, freight forwarders in Korea have to strengthen confidence and widen their service to shippers in order to become leading logistics companies.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.67-92
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• 2008

The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

• Journal of Korea Port Economic Association
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• v.26 no.3
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• pp.221-239
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• 2010

This study aims to provide solutions concerned with to residential moving companies about their operational problems. In order to shed light on these problem, factor analysis and fuzzy AHP method are adopted. Selected factors are low quality of workers and equipments, weak condition of business, policy and form of a contract, and excessive competition. The results of survey show that excessive competition is the most urgent problem compared with other problems. In the twelve-measured variables, The problem of non-certificated firms, low service quality caused by excessive competition, and claims caused by lack of service instruction are chosen as the urgent matters. As a result of the analyses, the study would propose policy directions how to solve these problems. Firstly, the government should make the legal basis of operating the industry because there is too competitive in the field. Secondly, the government should regulate firms which have not a certificate because they are the cause of low service quality in the field. Thirdly, in order to improve the service quality, the study would suggest that the managers should instruct the workers of residential moving companies. Lastly, the paper would suggest that customers check the certificate of the firm allowed by the government authorities.

• Journal of Korea Port Economic Association
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• v.26 no.4
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• pp.147-167
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• 2010

The purpose of this study is to analyze the components and verify the relationship among service quality, customer satisfaction and relationship quality in liner shipping company. In order to achieve the purpose of this study, literature survey related to service quality, customer satisfaction, relationship quality was carried out and took an empirical analysis by the use of questionnaire method for employees in international freight forwarders. The final results are as follows; First, correlations between service quality and customer satisfaction are found to be positive. But service quality component of tangibles and responsiveness with customer satisfaction are not to be positive. Second, as the other study on the similar logistics industries, the correlation between customer satisfaction and relationship quality is found to be positive in this study.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.13 no.3
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• pp.85-97
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• 2005

The objective of this study is to investigate freight forwarders' airline choice behaviors in the Korean air cargo transportation market. This study identifies the major factors affecting airline choice and their relative importance by analyzing the data gathered by the survey from freight forwarders in Seoul. The questionnaire of the survey is composed of two parts; the first part is to identify the significant variables of airline choice and the second part is to gather the data about airline choice using stated preference techniques. The relative importance of major variables considered in forwarders' airline choice is estimated by the logit models calibrated with stated preference data. To strength the reliability of the analysis, this study segments the market by three routes; Seoul-Los Angeles, Seoul-Amsterdam and Seoul-Hongkong. The five major variables that are considered seriously in airline choice are reliability, space availability, frequency, cost and flight schedule. The utility trade-offs between variables are estimated by the ratio analysis of coefficients of logit model of each route, and the results of ratio analysis is interpreted as reflecting the reality of market conditions.

• International Commerce and Information Review
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• v.13 no.2
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• pp.95-117
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• 2011

The Purpose of this study is to identify important factors in choosing liner shipping companies using the AHP. The Analytic Hierarchy Process(AHP), introduced by Satty T. L. in 1970, is a decision technique the has been applied to private and public sectors and to group decision problems. This paper will demonstrate the level of importance in 4 major factors: cost, service, transportation and promotion. In detail, the 4 major factors are divided into 14 sub-factors. In the present research, various service attributes for shipping lines were selected from previous studies and the observed data for 4 main service attributes were collected through a questionnaire survey from 26 concerned international freight forwarder experts. The conclusion of this study is as follows. First, it is found that the cost factor is the most important factor among the 4 main service attributes. It is very obvious that the cost factor directly affects the choosing the liner shipping company by international freight forwarders. Second, it is found that the second important factor in choosing the liner shipping company is the transportation factor and the third is the service factor. The promotion factor is underestimated, comparatively speaking. With the ever-increasing competition, liner shipping companies will need to study and understand the selection criteria of their clients(international freight forwarder), and apply the results to their daily and long-terms operations. In particular, liner shipping companies should establish a system to identify and sort the various selection criteria used by international freight forwarding companies.

• Journal of the Korea Society of Computer and Information
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• v.13 no.3
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• pp.225-236
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• 2008

This study is to evaluate the influence of relationship marketing and identify empirically the important factors which affect relationship continuity between multimodal transport operators and shippers. The empirical findings of this research are, MTO's marketing activity factors which consist of customers' contact intensity, relationship-oriented factors, positively affects relationship continuity such as revisit intention and word-of-mouth communication. As a result, relationship marketing activities are essential to the market strategy of MTO for continuous and stable growth. Also, on condition of transactional types, On-line transaction has an effect of customer switching, but there is no different effect in case of service type. Accordingly, international MTO in domestic need to develop various relationship marketing programs such as a special program for enhancing the continuity, an event for long-term customers and training program should be implemented and enforced to elevate qualify of the service encounter.

• Journal of Navigation and Port Research
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• v.32 no.1
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• pp.97-102
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• 2008

According to the trend of a large-sized vessel and a industrial carrier, the role of the independent contractors such as transport terminal operators, stevedores and warehousemen is increasing the base of cargo distribution that include the function of storage, warehousing, loading, unloading, trimming, dunnaging and lashing. But the common law doctrine of privity of contract has been a perennial source of difficulty for litigants seeking to enforce rights and obligations arising under a bill of lading contract. When carriage contract is negotiated, the concerned parties will be aware that some portion of obligations arising from the contract will be performed by the independent contractors engaged to carry out a particular function. It is reasonable for the independent contractors to be allowed the benefit of the carrier under the contract of carriage. As a part of the alleviating measures for the liability of independent contractors has been allowed various schemes, specially including 'Himalaya Clause'. Therefore, this study performed the validity of 'Himalaya Clause' by means of a recent judicial precedent by the Supreme Court and analyzed the rights of third parties, specially transport terminal operators, under the contract of carriage.

• Journal of Fisheries and Marine Sciences Education
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• v.20 no.3
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• pp.416-428
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• 2008

In the end of 2007, Korea Government promulgated the Rule of 'Basic Act of Logistics Policy' for improving international logistics forwarding business. The goals of these rules are to achieve the development of our nation's economics for providing the security and efficiency of logistics system and enforced competition of logistics enterprises. This is established the basic principles of the legal basis for expanding into the Logistics Hub Center of North-east Asia. However In May 1999 new licensing requirements for ocean freight forwarders and NVOCCs operating in the USA were established by the US Federal Maritime Commission(FMC). Due to these regulations, each ocean transportation service provider in the USA acting as ocean freight forwarder, NVOCCs, or NVOCC agent must obtain a license to operate as Ocean Transportation Intermediary(OTI) before it begins operations. Only licensed OTIs may act as US transportation agents or receiving agents of other NVOCCs, on both US exports and imports. In this context, I think this study will be contributes for the development of korean freight forwarding system by analysis and comparing with between the Rule of the Basic Act of Logistics Policy of Korea and OTI freight forwarder & NVOCCs of USA.