• The Korean Journal of Air & Space Law and Policy
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• v.20 no.1
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• pp.45-85
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• 2005

The purpose of this paper is to examine the concept of "accident" under the Warsaw system including the Warsaw Convention for the Unification of certain Rules for International Carriage by Air of 1929 and the Montreal Convention of 1999. Most leading case on this subject is Air France v. Saks(470 U.S. 392 (1985)). In the Saks case, it was held that the definition of an accident must be applied flexibly, and most courts have adhered to the definition of accident in Saks case, the application of accident has been less than consistent. However, most cases have held that if the event is usual and expected operation of the aircraft, then no accident has occurred. Courts have also held that where the injury results from passenger's own internal reaction to the usual, normal, and expected operations of the aircraft, it is not caused by an accident. As the Warsaw drafters intended to create a system of liability rules that would cover all hazards of air travel, the carrier should liable for the inherent risks of air travel. It is right in that the carrier is in a better position than the passenger to control the risks during air travel. Most US courts have held that carriers are not liable for one passenger's assault on the other passenger. The interactions between passengers are not part of the normal operations of the aircraft and are therefore not covered by the word "accident" under Art 17 of the Warsaw Convention. It is regretful that the Montreal Convention did not attempt to clarify the concepts of accident in itself. In the light of an emerging tendency to hold the air carrier liable for occurrences that do not exactly go to the operation of the aircraft, it is desirable to regulate that the carrier is liable for an "event" instead of an "accident" in accordance with the Guatemala City protocol.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.3-42
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• 2010

This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.3-37
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• 2020

The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

• Journal of Navigation and Port Research
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• v.31 no.8
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• pp.629-635
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• 2007

Reduced crew performance is frequently cited as a major causal factor in maritime accident causation. Although considerable research has been conducted on the hours of work undertaken by seafarers through interviews and the analysis of records, experimental studies to observe the effects of factors such as high workload, shift patterns, stress, sleep deprivation and disturbance on the cognitive performance of mariners have been limited. Other safety-critical transport industries, such as aviation and rail, have developed fatigue management tools to help manage the work patterns of their operators. Such a tool for mariners would assist shipboard crew, marine pilots and shore management in planning and improving work schedules. The overall aim of this paper is to determine a fatigue factor, which can be applied to human performance data, as part of a software program that calculates total cognitive performance. This program enables us to establish the levels of cognitive performance of a group of marine pilots to test a decision-making task based on radar information. This paper addresses one of the factors that may contribute to the determination of various fatigue factors: the effect of different work patterns on the cognitive performance of a marine pilot.

• Journal of Distribution Science
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• v.12 no.10
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• pp.99-108
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• 2014

Purpose - The goals of this study are the following. First, this study focused on customer satisfaction of in-flight service. Specifically, in-flight duty free items were considered because of their potential value related with the differentiated strategy of airline companies. Second, this study analyzed feasible strategies that would fence off the aversive attitudes of consumers toward innovation regarding in-flight duty free items. Third, this study strived to discover implicit routes related with the reactions of of consumers to innovation. Fourth, the construal level theory was applied to the context of in-flight service. Psychological distance is expected to promote acceptance of innovation for duty free items. Research design, data, and methodology - This study consisted of three experiments. All data were collected through the participation of university students. First, the experiment employed a 2×2 between-subject design. The first independent variable was temporal distance (long vs. short of navigation time). The second independent variable was innovativeness (innovative duty free items vs. typical items). Further, experiment 2 involved a 2×2 between-subject design. The first independent variable was social distance (typical vs. atypical stewardess image). The second was innovativeness that was based on a pattern similar to that of the prior experiment. The third experiment involved a 2×2×2 design. The first and second independent variables were temporal distance and item innovation, respectively, based on the method of experiment 1. The third independent variable was cognitive depletion (depletion vs. control condition). Results - Experiment 1 demonstrated that the innovation of duty free items would need to consider the journey time of the airline. Specifically, innovative items were preferred in case of a long journey; typical items, however, were liked in a short journey. Further, experiment 2 demonstrated that, in spite of a short journey, innovative items would be preferred if an atypical stewardess was serving. An atypical stewardess was linked with social distance, and the psychological effects would activate a creative and flexible mindset that would fit with innovative duty free items. The final experiment was accomplished for the examination of cognitive processing of psychological distance on innovation-acceptance. Specifically, if the effects were related with systematic processing, then cognitive effort would be needed. In contrast, if they were related with heuristic processing, then such efforts would not be required. The same pattern appeared under both cognitive depletion and control condition; therefore, the effects of psychological distance were implied to be heuristic processing. Conclusions - Managers need to consider the navigation time, stewardess concepts, and depletion of consumers as important factors for innovative strategy regarding in-flight service. Longer journeys are more successful for innovative trials. Further, a more atypical stewardess image is more successful for atypical service. Long navigation and unfamiliar stewardesses may activate creative and flexible thinking. Further, cognitive depletion of consumers is not a dominant factor of psychological distance effects, because the effects are not related with systematic processing, but with heuristic processing.