• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.143-166
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• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.99-144
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• 2016

The summary of the case is as follows: a Korean passenger booked and purchased a business class ticket from Air France that was scheduled to depart from Paris and arrive in Seoul. When the passenger arrived at the check-in counter, he was told that all business class seats were occupied. It was because the flight was overbooked by Air France. The passenger cancelled the Air France flight and took another air carrier. After arriving in Korea, he brought suit against Air France for damages. The purpose of this article is to discuss the governing law when interpreting the contract of international air carriage in accordance with the Korean Private International Act (2001) and to analyze air carrier's civil liability for the bumped passenger in the overbooking case. If the parties have not chosen the applicable law the contract shall be governed by the law of the habitual residence of the consumer in the following situations: prior to the conclusion of the contract, the opposite party of the consumer conducted solicitation of transactions and other occupational or business activities by an advertisement in that country or conducted solicitation of transactions and other occupational or business activities by an advertisement into that country from the areas outside that country and the consumer took all the steps necessary for the conclusion of the contract in that country or in case the opposite party of the consumer received an order of the consumer in that country [Article 27 (1), (2) of the Private International Act]. Since the contract of international carriage falls into the consumer contract, the Supreme Court viewed that the governing law of the contract in this case would be the law of the habitual residence of the consumer (Supreme Court Decision 2013Da8410 decided on Aug. 28, 2014). This interpretation differs from the article 5 (4) of Rome Convention(80/934/EEC) which declares that the consumer contract article shall not apply to neither a contract of carriage nor a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence. Even though overbooking can be considered as a common industry practice, an air carrier must burden civil liability in case of breach of contract for the involuntary bumped passenger(Seoul Central District Court Decision 2014Na48391 decided on Jan. 29, 2015). In case of involuntary bumping, an air carrier must offer re-routing to passenger's final destination by an alternative flight. If an air carrier fails to effect performance in accordance with the tenor and purport of the obligation, the involuntary bumped passenger may claim damages(Article 390 of the Civil Code).

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.203-234
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• 2019

The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.5 no.1
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• pp.93-112
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• 2010

Korea has risen to one of the most newly industrialized countries boasting its consecutive successful economic growth. The economic growth brought the Korean people more money and free time. Koreans all want to spend more time on leisure activities and travels. In this "mass Tour Age", because of its diverse functions and excellent facilities, resort condominium has been got much more attention. Instead of analyzing whole condominium operations, we put more emphasis on the room reservation system for the efficiency of operation. The purpose of this study is to identify the problems of current condominium operations and to suggest innovative new solutions. To accomplish the purpose, we analyzed the current room reservation system of condominiums in Korea. After reviewing the current reservation system, we provide a couple of suggestions. In order to improve reservation process, future demands should be forecasted as accurately as possible, or be based on everything from sophisticated technological system. I wish this study can help innovate the current reservation problems of the resort condominium industry for continuous improvements of the industry.

• Journal of the military operations research society of Korea
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• v.26 no.2
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• pp.90-100
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• 2000

This paper proposes a computer model for airline overbooking. The model is constructed in such as way that users feel easy to find the daily optimal number of additional customers given the reservations already bookded on that day by providing the appropriate cost of denied boarding. In this model, however, the reservations are restricted only up to 40 seats due to the limited P.C. capability. Heuristic approaches may be highly recommended for the larger number of reservations.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.6 no.2
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• pp.228-235
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• 2002

Differentiated services network (DiffServ) aims to provide the same service to a group of connections that have similar Quality of Service requirements. One of the essential function to realize DiffServ is the traffic conditioning mechanisms to support the required services. The paper proposes the enhanced traffic conditioning mechanism which alleviates a bias against reserved bandwidth size. The simulation results show that the new mechanism is rather insensitive of size of reserved bandwidth, and performs better both in terms of throughput assurance and fair distribution of excess bandwidth in case of well-provisioned and over-provisioned network environment.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.11 no.5
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• pp.70-77
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• 2012

Dial-a-ride is the most widely available transit service for disabled persons or seniors in the United States and Europe. This paper studies a static dial-a-ride problem considering multiple depots, heterogeneous vehicles, and soft time windows. In this paper, we apply a heuristic based on clustering first-routing second(HCR) to a real-world large dial-a-ride problem from Maryland Transit Administration(MTA). MTA's real operation is compared with the results of developed heuristic for 24 cases. The objective function of the proposed model is to minimize the total cost composed of the service provider's cost and the customers' inconvenience cost. For the comparison, the objective function values of HCR do not include waiting cost, delay cost, and excess ride cost. The objective function values from HCR are better than those from MTA's operation for all cases. This result shows that our heuristic method can make the real operation better and more efficient.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.30 no.3B
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• pp.72-84
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• 2005

Optical burst switching networks usually employ one-way reservation by sending a burst control packet with a specific offset time, before transmitting each data burst Same. Due to such a Property, burst-contentions occur when multiple bursts contend for the same wavelength in the same output link simultaneously in a node, leading to burst losses, eventually degrading the quality of service. Therefore, in this paper, we propose a dynamic routing algorithm using minimum local state information in order to decrease burst-contentions. In this proposed scheme, if burst loss rate exceeds a threshold value at a certain node, a new alternative routing path is chosen according to burst priority and location of burst generation, which enables the contending bursts to detour around the congested link. Moreover, for reducing the effect of sending bursts on the primary path due to the alternative path, we also apply a minimum path-cost based routing on link-cost concept. Our simulation results show that proposed scheme improves the network performance in terms of burst loss probability and throughput by comparing with conventional one.

• The Journal of the Korea institute of electronic communication sciences
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• v.16 no.6
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• pp.1263-1270
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• 2021

Recently, in the food culture life, the trend of consumers cooking is changing, and the use rate of induction cookware is increasing. Therefore, in this study, we propose the development of a functional auxiliary device to improve the safety of induction cookware to improve the convenience of cooking according to the increase in the cooking population. The proposed device is linked with IoT through the app. Through the app, the device can control the induction heating power adjustment and time reservation. In addition, an ultrasonic sensor is used to prevent the container from overflowing during cooking, and the user can safely use induction through the fine dust sensor. The implemented device conducts research assuming the actual cooking situation. Finally, it was confirmed that the user's fatigue was reduced during cooking through the device and the user's safety was improved in emergency situations such as overcooking or overflowing of water.

• The Transactions of the Korea Information Processing Society
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• v.4 no.6
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• pp.1601-1614
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• 1997

In this paper, We suggest a technique for delivering frame(CM transfering unit) based CM data streams from MOD servers to clients on ATM-LAN environment. The term 'frame' indicates the CM transferring unit. In detail, each clients try to adapt native ATM-specific service which can be connected directly from application layer to AAL without convening transport and IP layer. Also, we suggest and show result of implementation about transparent browsing mechanism using navigation server, session setting procedures using PVC between server and clients, application, AAL and QoS negotiation and reservation procedure, splitting and reassembling algorithm for frames over MTU size.