• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.225-266
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• 2018

In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

• Journal of Korean Society of Transportation
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• v.22 no.6
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• pp.47-54
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• 2004

Recently, a large reduction in domestic aviation demand had roughly shown in the range between 34% and 75% in east central and western corridor of Korea. The reasons for the drop in air traffic demand were the provisioning of several new highway serveces and the national economic difficulties. Since April 2004, moreover, the Korea Train Express(KTX) was operated between Seoul and Daegu in the first phrase of 293Km in KTX operational distance and 258Km in air route distance. The operation of KTX significantly impacted air traffic volume, particularly on the overlapped air routes with KTX routes. This study analyzed the effects on air traffic demand in accordance with the opening of KTX by applying the Stated Preference (SP) survey method, the survey conducted prior to 8 months of the KTX initiative. Also, the comparison of the decreased demand forecast by SP analysis and actual revealed traffic volume during two months service after inauguration of KTX was conducted. The Seoul-Daegu route was analysed using the 3 variables considered access and egress time, fare rate, operational frequency. The result obtained from the analysis showed that air users would be preferred only 14%. Comparatively, however, the actual revealed air passengers after the opening KTX were remained 28%, The less "decreased demand" was caused by the instability of the KTX's operation in the initial stage. Therefore, small numbers of passenger were preferable to airservices rather than high speed railroad service.

• Journal of Korean Society of Transportation
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• v.22 no.5
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• pp.35-45
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• 2004

This paper analyzes the differences in the service quality priorities of air cargo service providers and customers. After having identified what constitutes the decisive factors with regards to air cargo service quslity, research was carried out to evaluate the differences in the service quality priorities of air cargo service providers and customers. Moreover, this paper analyzes these differences by separating air cargo service providers into Korean and international air cargo service providers. In order to attain the objectives of this research, the air cargo service sectors were divided into three general categories: supply capability(H/W), service accountability, and competitiveness of service fees and management capability(S/W). The researchers then placed 6 different criteria into each service category, for a total of 18. The evaluation of the service quality priorities of air cargo service providers and customers revealed very little difference between these two groups. With regards to the service criteria found in each service category, our research found marked differences between the service quality priorities of providers and customers in only three of the 18 criteria. However, we found marked differences in service quality priorities in 7 of the 18 criteria when the air cargo service providers were divided into Korean and international air cargo providers. While domestic air cargo service providers evaluated management's capability to handle cargo accidents and incidents as the most important priority, international air cargo service providers placed the highest priority on the cargo rate system. The results of this research imply that in order to properly evaluate the differences between the service quality priorities of air cargo service providers and customers, the air cargo service providers itself should be separated between the Korean air cargo service providers and the foreign providers because of their respective inherent perception on service quality.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.169-195
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• 2020

With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.215-236
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• 2016

This paper is related to a study on safety management of cosmic radiation in the aviation area, and as a comprehensive study encompassing not only aviation crew but also aviation traffic users, presents issues on an exposure to the cosmic radiation which authors predict may be intensified in a time to come. Although the government of the Republic of Korea has recently activated regulations related to the cosmic radiation, the following improvement measures are further urged to be carried out not only as a regulatory improvement for pushing ahead with effectiveness but also as a supplementary tool. Firstly, a dose limit corresponding to the international standard needs to be applied. Since the dose limit imposed by the Korean government is improperly higher than the international dose limit of the cosmic radiation, the present dose limit needs to be re-established in a range of "not exceeding the international recommendation". Secondly, a new methodology is needed such that aviation companies observe a yearly effective dose limit of passengers. A fact that only aviation crew is specified but passengers are excluded in the related regulation is based on a recommendation presented by the International Commission on Radiological Protection (ICRP). According to the recommendation, Korean government excluded passengers in the "Cosmic Radiation Safety Requirements for Crew". Among the present aviation regulations, there exists a protection standard for protecting aviation traffic users. However, it presents a damage protection only for ticket-related issues. Since this regulatory weakness provides a cause of endangering national health, the authors believe that an improvement in the regulation is needed without sticking to the recommendation from the ICRP. To this end, new regulations are strongly demanded from aspects of not only legal but also regulatory areas. The dose limit in accordance with the international standard is established. However, at least a minute amount of cosmic radiation is continuously acting on all people of Korea. Since more and higher level of cosmic ration may exist in the aviation space, an improved method of representing the minute amount of cosmic radiation in figures. As a result, a desirable regulation may be established for protecting not only crew but also aviation traffic users from being exposed to the cosmic radiation via a legislation of the desirable regulation.

• Journal of Korean Society of Transportation
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• v.23 no.2
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• pp.75-82
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• 2005

To relieve congestion in the current system of intercity transportation, the Korea decided in 1990 to construct a high-speed railroad between Seoul and Busan and it is now in operation. This new mode of transportation significantly cut travel time between major cities and a trip from Seoul to the southeastern port of Busan. Since the KTX opening, average daily passenger numbers on both the Gyeongbu and Honam lines have increased about 1.3 fold over 2003 levels. As of December 2004, the KTX trains are carrying about 81,000 people a day. On KTX routes, the daily number of airline passengers dropped. Express long-distance bus traffic also dropped by 20% to 30%, while that on short-distance routes (100km or less) increased by about 20%. These figures clearly indicate that the Korean transportation network is becoming railroad-centric. However, the number of KTX passengers is fewer than anticipated possibly due to the Korean economic downturn and the operation of the KTX will leave many existing Saemaul and Mugunghwa train sets idle, which will be put into operation for areas, not covered by the KTX. When all the existing major lines have been electrified, more high-speed rail services will be phased in using direct connections to maximize operational efficiency. And also, the dual management by KTX and conventional rail will be regarded as the promotion of the benefit of the public.

• Journal of Advanced Navigation Technology
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• v.20 no.2
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• pp.141-147
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• 2016

Stable and reliable air traffic service is required for users (aircraft pilot, air traffic controller, airlines and public) through enhancing capability related to airport operation and continuously improving air navigation system. ASMS (air navigation service provider (ANSP) safety maturity survey) is to determine the level of management and safety requirement such as organization, risk, policy, process, training and environment in Air traffic service field. We designed and developed the survey (26 study areas of management part and 23 study areas of safety part) considering global best practices (Eurocontrol and FAA) and customizing domestic circumstances with quantitative level assessment regarding management and safety issue of Air navigation system. The survey enables the performance of Air navigation system to enhance and prevents from occurring accident or incident. Therefore, we provides best information with users as well as high quality Air traffic service.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.63-96
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• 2013

Recently, U.S. Department of Transportation (DOT) expanded the "Enhancing Airline Passenger Protections" on August 23, 2011 and October 24, 2011. The Rule regulates tarmac delays, denied boarding compensation, customer service plans, and fare advertising. The adopted rule is to protect passengers by improving passenger service requirements on U.S. national or domestic carriers and foreign air carriers as well. The major issues are as follows: First, regarding to so called Tarmac Delay, carriers must establish a Tarmac Delay Contingency Plan setting forth the number of hours the carrier will permit an aircraft to remain on the tarmac at U.S. airports before allowing passengers to deplane. Carriers also must provide passengers with food and water in the event the aircraft remains on the tarmac for two or more hours and must provide operable lavatories and medical attention while the aircraft remains on the tarmac, irrespective of the length of the delay. Carriers also must create and retain records regarding tarmac delays lasting more than three hours. Also they need to update passengers every 30 minutes during a tarmac delay of the status of the flight and the reason for the delay, allow passengers to deplane if the aircraft is at the gate or another disembarkation area with the door open. Second, carriers now must adopt a "Customer Service Plan" that addresses offering customers the lowest fares available, notifying customers about delays, cancellations, and diversions; timely delivery of baggage; accommodating passengers' needs during tarmac delays and in "bumping cases"; and ensuring quality customer service. Third, the new regulations also increase minimum denied boarding compensation limits to $650 / $1,300 or 200% / 400% of the fare, whichever is less. Last, the DOT also has modified its policies related to enforcement of Rules pertaining to full fare advertising. The Rule states that the advertised price for air transportation must be the entire price to be paid by the customer. Similarly, Korea revised the passenger protection clauses within Aviation Act. However, it seems to be required to include various more issues such as Tarmac Delay, oversales of air tickets, involuntary denied boarding passengers, advertisements, etc.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• Journal of Korean Society of Transportation
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• v.26 no.3
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• pp.7-16
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• 2008

The immigration procedure at airports is vital to making passenger and cargo transport faster. The rapid procedure of immigration could be an important determining factor when passengers select an air transport company, one that should have high satisfactory in terms of their service level and efficiency. Therefore, the advanced airport makes it easy for customers and their cargo to proceed. The coordination between authorities related to the Korean international airport is not satisfactory for customers. This paper analyzes the factors necessary to enhance the airport immigration procedure with the movement of aircrafts, passengers, cargo, and post, using the CK(Cook and Kress) model of DEA(Data Envelopment Analysis). From this study, the author found that research and development will be needed to improve the immigration procedure, especially on facilities and their operating systems. There are needed, also, performance indicators and a continuous monitoring system.