• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.33-62
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• 2020

The current air transportation industry is facing a lot of changes not only in the quantitative growth of the market, but also in the legal aspects. For many years, the Warsaw Convention has contributed to the uniform discipline of civil carriers' legal liabilities arising from international aviation accident and has fulfilled the duties of legal guardians for the development of the air transport industry. In the process, however, the consumer interests of the air transport industry did not have much protection compared to other industries. In response, the Montreal Convention has effected for protecting the interests of aviation consumers, and there are numerous legal changes around the world to protect aviation consumers like passengers. The mental damages of airline passengers arising from the accident can also be understood as part of the protection of air consumers. Considering that the US Federal Court has dealt with the recognition of mental damages for air passengers since the early 1990s. However, Korean judicial precedent still excludes mental anguishes from the scope of damage compensation. From this point of view, it is considered academically meaningful to analyze the latest case of the US federal court. Recently, the United States Court of Appeal for the Sixth Circuit in Doe v Etihad Airways applied a different interpretation against the traditional opinion: passengers could not recover for mental distress unless that mental distress resulted from a bodily injury sustained in an airplane accident. The background of the court's conclusions can be explained in many ways, among other things, unlike the Warsaw Convention the new international rule, Montreal Convention is recognizing the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.3-27
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• 2012

The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.

• Industry Promotion Research
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• v.9 no.2
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• pp.13-22
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• 2024

The purpose of this study is to derive passenger trends and change rates for each airline and identify directionality and synchronization phenomenon. Data by each airlines was collected from the National Statistics Forum of Statistics Korea, and we used a total of 156 monthly data from January 2011 to December 2023. In this study, the rate of change was calculated for domestic Full Service Carriers (Korean Air, Asiana Airlines) and Low Cost Carriers (Jeju Air, Jin Air, T'way, foreign airlines). As a result of the analysis, the correlation was found to be high for KOREA in that order: Asiana, Korean Air, Jeju Air, T'way, Jin Air, foreign airlines. The rate of increase was highest in that order: T'way, Jin Air, Jeju Air, foreign airlines, Asiana, Korean Air. In the Scatter analysis, Asiana and Korean Air showed a very strong synchronization with KOREA. In addition, Jeju Air, T'way, Jin Air and foreign airlines also showed the same direction toward KOREA to a certain degree. In the Box-Box Plot analysis, it was determined that each airline experienced a number of unusual sudden fluctuations due to the outbreak of COVID-19. Passengers have a wider range of choices due to the emergence of Low Cost Carriers, and as a result, expectations for airline service are increasing. Airlines will need to make appropriate environmental improvements to satisfy these needs for corporate development.

• Journal of Korean Society of Transportation
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• v.22 no.3 s.74
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• pp.17-26
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• 2004

항공운송산업에서 항공화물이 차지하는 비중이 점차적으로 확대되고 있으며 향후 2020년(보잉은 2022년)까지의 성장률도 보잉과 에어버스에서는 여객 수요보다 화물수요가 각 1.3%, 0.8%의 높은 성장을 거둘 것이라는 전망을 하고 있다. 특히 에어버스에서는 아시아 태평양 지역 역내와 중국 발 유럽행의 항공화물이 평균 7.0%의 높은 성장을 할 것으로 전망하고 있다. 이러한 높은 성장 전망 외에도 항공화물이 항공운송산업 혹은 세계경제의 선행지표로도 사용되고 있다. 이렇듯 항공운송산업에서 항공화물 부문의 역할이 점차적으로 증대되고 있어 본 연구에서는 항공화물 사업부문에 많은 활동을 하고 있는 항공사의 효율성이 그렇지 않은 항공사의 효율성을 비교하는 연구를 하였다. 먼저 항공 화물 매출액 기준 상위 10개사(2002년 기준)의 효율성을 자료포락 분석(DEA, Data Envelopment Analysis)을 이용 분석하였다. 그리고 이를 이용하여 항공사 전체 매출액 상위 10개사(화물 매출액 상위 10개사를 제외), 미국의 9개 항공사(상위 50대 항공사 중), 기타 10개사를 선정하여 각각의 효율성 비교를 통하여 항공화물 사업을 활발히 하는 항공사와 그렇지 않은 항공사와의 효율성에 대해 상대적 비교를 하였다. 이를 통해 항공화물 사업 부문이 항공사의 경영 효율성에 미치는 영향에 대해 간접 비교를 시도하였다. 분석 결과 항공운송사업중 항공화물 부문이 상위 10대 항공사 효율성이 다른 그룹의 항공사 보다 높게 제시되었다. 이는 항공사의 운송 사업을 화물 운송과 여객 운송 부문의 공동 네트워크의 활용을 통한 시너지 효과를 통해 항공사 효율성을 높일 수 있음을 의미한다.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.113-136
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• 2020

Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.3-29
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• 2015

In case of C-410/11, Pedro Espada $S\acute{a}nchez$ and Others v Iberia $L\acute{i}neas$ $A\acute{e}reas$ de $Espa\tilde{n}a$ SA., ECLI:EU:C:2012:747, the passengers of a flight between Barcelona and Paris, whose baggage had been lost, lodged a claim before a Spanish court, asking for compensation. More specifically, the claimants were a family of four (two adults and two children), and had stored all their personal items in two suitcases, which had been checked in and tagged but never returned to the passengers in question. The four claimants relied on the Montreal Convention, ratified by the EU, which provides that each passenger can claim up to 1,000 SDRs in compensation (i.e. ${\euro}1,100$) in case his or her baggage is lost; thus, they sought to recover ${\euro}4,400$ (4,000 SDRs, i.e. 1,000 SDRs x4). The preliminary reference issue raised by the Spanish court to the CJEU regarded the $Montr\acute{e}al$ Convention's correct interpretation; in particular, it asked whether compensation should be available only to passengers whose lost baggage had been checked in "in their own name" or whether it is also available to passengers whose personal items had been stored in the (lost) baggage of a different passenger. The CJEU held that compensation had to be granted to all passengers whose items had been lost, regardless of whether these had been stored in baggage checked in "in their own name." In fact, it maintained that the real aim of the $Montr\acute{e}al$ convention is to provide passenger-consumers with protection for the loss of their personal belongings, so the circumstance of where these were being carried is not relevant. Nevertheless, the CJEU clarified that it is for national courts to assess the evidence regarding the actual loss of an item stored in another passenger's baggage, and maintained that the fact that a group of people were travelling together as a family is a factor that may be taken into account.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.267-290
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• 2018

This paper reviews and criticizes the EU Case of C-452/13, Germanwings GmbH v. Ronny Henning. Under this case, Ronny Henning later sued Lufthansa's budget carrier Germanwings after it refused to pay him 250 euros compensation for a delay he said totalled more than three hours. Germanwings, however, maintained his flight had arrived only two hours and 58 minutes behind schedule. In those circumstances, the following question to the European Court of Justice (ECJ) for a preliminary ruling: What time is relevant for the term time of arrival used in Articles 2, 5 and 7 of Regulation [No 261/2004]: (a) the time that the aircraft lands on the runway (touchdown); (b) the time that the aircraft reaches its parking position and the parking brakes are engaged or the chocks have been applied (in-block time); (c) the time that the aircraft door is opened; (d) a time defined by the parties in the context of party autonomy? ECJ says that the situation of passengers on a flight does not change substantially when their aircraft touches down on the runway at the destination airport, when that aircraft reaches its parking position and the parking brakes are engaged or when the chocks are applied, as the passengers continue to be subject, in the enclosed space in which they are sitting, to various constraints. Therefore, it is only when the passengers are permitted to leave the aircraft and the order is given to that effect to open the doors of the aircraft that the passengers may in principle resume their normal activities without being subject to those constraints. ECJ rules that it is apparent that Articles 2, 5 and 7 of Regulation No 261/2004 must be interpreted as meaning that the concept of 'arrival time', which is used to determine the length of the delay to which passengers on a flight have been subject, corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.19 no.3
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• pp.61-68
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• 2011

유럽연합(EU)은 2012년부터 항공산업에 대해 탄소배출권 거래제도를 적용할 예정이다. 따라서 유럽공항에서 출발 및 도착하는 모든 국제선과 국내선 항공편에 대해 탄소세가 부과될 것이며 이는 한국도 예외는 아니다. 또한 유럽을 운항하는 경우 장거리에 해당되어 중단거리를 운항하는 항공기들에 비해 총 탄소배출량이 더 많으므로 비용부담이 커질 것으로 예상된다. 본 연구는 EU-ETS로 인한 탄소세가 항공요금에 반영된다면 항공여객들이 어느 정도 민감하게 반응할 것이며 이러한 점들이 궁극적으로 한국의 항공시장에 어떤 영향을 미칠 것인지를 파악해 보는데 목적이 있다. 이를 위해 인천국제공항에서 프랑크푸르트 국제공항 노선을 이용하는 승객을 대상으로 직항노선과 중동지역 경유노선을 비교하여 EU-ETS 가격이 반영된 항공요금에 대한 반응을 Revealed Preference (RP)와 Stated Preference (SP) 설문자료와 Logit Model을 사용하여 분석하였다. 본 연구결과는 한국의 항공산업은 물론 2012년부터 부과될 EU-ETS에 대한 항공사들의 전략개발에 도움이 될 것이다.

• Aerospace Industry
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• v.61
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• pp.36-39
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• 1998

21세기에는 항공여객의 수송 수요가 비약적으로 증가할 것으로 예측되고 있다. 수요의 한쪽은 수송의 대형화이며 다른 한쪽은 수송의 고속화이다. 이런 수요를 충족하기 위해서는 경제성과 환경친화성을 겸비한 차세대 수송기 개발이 오래전부터 요망되어 항공기 제조 선진 각국은 한걸음 한걸음 이들 수요에 부응할 신종항공기의 개발을 추진중에 있다.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.31 no.1
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• pp.92-98
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• 2023

This paper used the golf course visitors' data in Jeju region to forecast the growth of inbound air traveler to Jeju. This is because the golf course visitors were proven to bring the highest economic and production inducement effect to the Jeju region. Based on such a data, this paper forecast the short-term growth rate of inbound air traveler using ARIMA to the Jeju until December 2025. According to ARIMA (0,1,0) (0,1,1) model, it was analyzed that the monthly number of golf course visitors to Jeju has been increasing steadily even since COVID-19 pandemic and the number is expected to grow until the end of 2025. Applying the same parameters of ARIMA (0,1,0) (0,1,1) to inbound air travel data, it was found the growth rate of inbound air travelers would be higher than the growth rate of 2019 shortly without moderate variation even though the monthly number of inbound travelers to Jeju had been dropped during COVID-19 pandemic.