• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.65-94
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• 2015

Since American Airlines launched AAdvantage which was the first Frequent Flyer Program in 1981, many people has accumulated mileage credits, and now, frequent flyer program(FFP) is the universal marketing tool to the airlines. These days, airlines establish a strategic alliance with domestic and foreign companies of various fields ; other airlines, travel agencies, car hire firms, hotels, department stores, even credit card companies. However, more people want to use their mileage credits, more airlines reject to approve that or change frequent flyer program against their customers. Last year, Northwest, Inc. v. Ginsberg, the United State Supreme Court made a decision that the preemption provision of Airlines Deregulation Act(ADA) preempts state laws related to rates, routes and services for air carriers including implied covenant of good faith and fare dealing. Thus, the claim of Ginsberg was canceled, it means that Northwest Inc. could terminated one-sidedly his membership in the frequent flyer program. In the contrast, Korea does not have the statute like ADA. If customers file a claim on FFP like Ginsberg, the courts of Korea judge whether the clauses of standard form contract are unfair or not. Therefore, in this article, Ginsberg would be checked on legal issues and be compared briefly with the courts' ruling in Korea.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.15 no.2
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• pp.32-39
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• 2007

Air Transportation industry becomes more competitive that the restriction on new access to market were eased and relaxed. Liberalization of international air transport will continue, via bilateral and multilateral process. Korea, Japan, and China have expanded enormously the economic trade and cultural exchange bilaterally in the Northeast Asia, they are acknowledging the importance and necessity of improved connection, it order to face effectively other regional blocks of US-Canada, NAFTA, ASEAN, CLMV. In particular, nobody denies that it is urgent to liberalize bilaterally the air transport in Northeast Asia for promoting reciprocal benefits and prosperity. Recently while open skies bilateral agreements was signed between Korea-China in June, 2006. The agreements processes are too heavily influenced by flag carriers; leading to capacity/market sharing between the bilateral carriers in most markets, against the interest of consumers and overall economic interest of the nation. For successful operation of Northeast Air Market, it is need to set up development strategy paradigm by creating cross-border sub-regional (Northeast Asian) open skies bloc as well as preparing and creating of LCCs operations.