• 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.

• MISULJARYO - National Museum of Korea Art Journal
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• v.96
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• pp.54-88
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• 2019

The Album of Complete Views of Seas and Mountains comprises sixty real scenery landscape paintings depicting Geumgangsan Mountain, the Haegeumgang River, and the eight scenic views of Gwandong regions, as well as fifty-one pieces of writing. It is a rare example in terms of its size and painting style. The paintings in this album, which are densely packed with natural features, follow the painting style of the Southern School yet employ crude and unconventional elements. In them, stones on the mountains are depicted both geometrically and three-dimensionally. Since 1973, parts of this album have been published in some exhibition catalogues. The entire album was opened to the public at the special exhibition "Through the Eyes of Joseon Painters: Real Scenery Landscapes of Korea" held at the National Museum of Korea in 2019. The Album of Complete Views of Seas and Mountains was attributed to Kim Eung-hwan (1742-1789) due to the signature on the final leaf of the album and the seal reading "Bokheon(painter's penname)" on the currently missing album leaf of Chilbodae Peaks. However, there is a strong possibility that this signature and seal may have been added later. This paper intends to reexamine the creator of this album based on a variety of related factors. In order to understand the production background of Album of Complete Views of Seas and Mountains, I investigated the eighteenth-century tradition of drawing scenic spots while travelling in which scenery of was depicted during private travels or official excursions. Jeong Seon(1676-1759), Sim Sa-jeong(1707-1769), Kim Yun-gyeom(1711-1775), Choe Buk(1712-after 1786), and Kang Se-hwang(1713-1791) all went on a journey to Geumgangsan Mountain, the most famous travel destination in the late Joseon period, and created paintings of the mountain, including Album of Pungak Mountain in the Sinmyo Year(1711) by Jeong Seon. These painters presented their versions of the traditional scenic spots of Inner Geumgangsan and newly depicted vistas they discovered for themselves. To commemorate their private visits, they produced paintings for their fellow travelers or sponsors in an album format that could include several scenes. While the production of paintings of private travels to Geumgangsan Mountain increased, King Jeongjo(r. 1776-1800) ordered Kim Eung-hwan and Kim Hong-do, court painters at the Dohwaseo(Royal Bureau of Painting), to paint scenic spots in the nine counties of the Yeongdong region and around Geumgangsan Mountain. King Jeongjo selected these two as the painters for the official excursion taking into account their relationship, their administrative experience as regional officials, and their distinct painting styles. Starting in the reign of King Yeongjo(r. 1724-1776), Kim Eung-hwan and Kim Hong-do served as court painters at the Dohwaseo, maintained a close relationship as a senior and a junior and as colleagues, and served as chalbang(chief in large of post stations) in the Yeongnam region. While Kim Hong-do was proficient at applying soft and delicate brushstrokes, Kim Eung-hwan was skilled at depicting the beauty of robust and luxuriant landscapes. Both painters produced about 100 scenes of original drawings over fifty days of the official excursion. Based on these original drawings, they created around seventy album leaves or handscrolls. Their paintings enriched the tradition of depicting scenic spots, particularly Outer Inner Geumgang and the eight scenic views of Gwandong around Geumgangsan Mountain during private journeys in the eighteenth century. Moreover, they newly discovered places of scenic beauty in the Outer Geungang and Yeongdong regions, establishing them as new painting themes. The Album of Complete Views of Seas and Mountains consists of four volumes. The volumes I, II include twenty-nine paintings of Inner Geumgangsan; the volume III, seventeen scenes of Outer Geumgangsan; and the volume IV, fourteen images of Maritime Geumgangsan and the eight scenic views of Gwandong. These paintings produced on silk show crowded compositions, geometrical depictions of the stones and the mountains, and distinct presentation of the rocky peaks of Geumgangsan Mountain using white and grayish-blue pigments. This album reflects the Joseon painting style of the mid- and late eighteenth century, integrating influences from Jeong Seon, Kang Se-hwang, Sim Sa-jeong, Jeong Chung-yeop(1725-after 1800), and Kim Hong-do. In particular, some paintings in the album show similarities to Kim Hong-do's Album of Famous Mountains in Korea in terms of its compositions and painterly motifs. However, "Yeongrangho Lake," "Haesanjeong Pavilion," and "Wolsongjeong Pavilion" in Kim Eung-hwan's album differ from in the version by Kim Hong-do. Thus, Kim Eung-hwan was influenced by Kim Hong-do, but produced his own distinctive album. The Album of Complete Views of Seas and Mountains includes scenery of "Jaundam Pool," "Baegundae Peak," "Viewing Birobong Peak at Anmunjeom groove," and "Baekjeongbong Peak," all of which are not depicted in other albums. In his version, Kim Eung-hwan portrayed the characteristics of the natural features in each scenic spot in a detailed and refreshing manner. Moreover, he illustrated stones on the mountains using geometric shapes and added a sense of three-dimensionality using lines and planes. Based on the painting traditions of the Southern School, he established his own characteristics. He also turned natural features into triangular or rectangular chunks. All sixty paintings in this album appear rough and unconventional, but maintain their internal consistency. Each of the fifty-one writings included in the Album of Complete Views of Seas and Mountains is followed by a painting of a scenic spot. It explains the depicted landscape, thus helping viewers to understand and appreciate the painting. Intimately linked to each painting, the related text notes information on traveling from one scenic spot to the next, the origins of the place names, geographic features, and other related information. Such encyclopedic documentation began in the early nineteenth century and was common in painting albums of Geumgangsan Mountain in the mid- nineteenth century. The text following the painting of Baekhwaam Hermitage in the Album of Complete Views of Seas and Mountains documents the reconstruction of the Baekhwaam Hermitage in 1845, which provides crucial evidence for dating the text. Therefore, the owner of the Album of Complete Views of Seas and Mountains might have written the texts or asked someone else to transcribe them in the mid- or late nineteenth century. In this paper, I have inferred the producer of the Album of Complete Views of Seas and Mountains to be Kim Eung-hwan based on the painting style and the tradition of drawing scenic spots during official trips. Moreover, its affinity with the Handscroll of Pungak Mountain created by Kim Ha-jong(1793-after 1878) after 1865 is another decisive factor in attributing the album to Kim Eung-hwan. In contrast to the Album of Famous Mountains in Korea by Kim Hong-do, the Album of Complete Views of Seas and Mountains exerted only a minor influence on other painters. The Handscroll of Pungak Mountain by Kim Ha-jong is the sole example that employs the subject matter from the Album of Complete Views of Seas and Mountains and follows its painting style. In the Handscroll of Pungak Mountain, Kim Ha-jong demonstrated a painting style completely different from that in the Album of Seas and Mountains that he produced fifty years prior in 1816 for Yi Gwang-mun, the magistrate of Chuncheon. He emphasized the idea of "scholar thoughts" by following the compositions, painterly elements, and depictions of figures in the painting manual style from Kim Eung-hwan's Album of Complete Views of Seas and Mountains. Kim Ha-jong, a member of the Gaeseong Kim clan and the eldest grandson of Kim Eung-hwan, is presumed to have appreciated the paintings depicted in the nature of Album of Complete Views of Seas and Mountains, which had been passed down within the family, and newly transformed them. Furthermore, the contents and narrative styles of Yi Yu-won's writings attached to the paintings in the Handscroll of Pungak Mountain are similar to those of the fifty-one writings in Kim Eunghwan's album. This suggests a possible influence of the inscriptions in Kim Eung-hwan's album or the original texts from which these inscriptions were quoted upon the writings in Kim Ha-jong's handscroll. However, a closer examination will be needed to determine the order of the transcription of the writings. The Album of Complete View of Seas and Mountains differs from Kim Hong-do's paintings of his official trips and other painting albums he influenced. This album is a siginificant artwork in that it broadens the understanding of the art world of Kim Eung-hwan and illustrates another layer of real scenery landscape paintings in the late eighteenth century.