• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.65-85
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• 1992

The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, 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", it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor, after the goods have been accepted. According to the original Warsow Convention article 8, the air waybill must contain 17 particulars or items. However, the Hague Protocol reduced to three the number of particulars required to appear on the air waybill. Only one item is obligatory, namely, the notice that the carriage is subject to the rules of the Warsaw Convention. The absence of the air waybill entails unlimited liability of the carrier because it deprives him of the right to avail himself of the provisions of the Warsaw Convention which exclude or limit his liability. The consignor shall be liable for all damages suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the particulars and statements in the air waybill. Although the contract of the carriage of goods by air is not a formal contract, the document of carriage is issued. The issue of air wayhill is not essential for the existence or validity of the contract, but serves merely as a means of proof. The Hague Protocol has lessened the consequences of the carrier's neglect to faithfully accomplish the required formalities. Henceforth, these formalities no longer constitute legal obligations. The air waybill is the consignment note used for the carriage of goods by air. It is often called an air consignment note and is not a document of title or transferable/negotiable instrument. It is basically a receipt for the goods for despatch and is prima facie evidence of the conditions of carriage. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or cosignee of his rights under the contract of carriage. Oveall, it is an usage that under a documentary letter of credit, the consignee on the air waybill is the opening bank of the letter of credit, and the notify party is the importer who applied for the letter of credit. In Korea there is an usage as to process of cargo delivery in air transportation as follows: The carrier carries the cargo into the bonded area of the airport and gives both the notice of arrival of the cargo and the consignee's air waybill to the notify party who is the importer. Then the notify party obtains the Letter of Guarantee from the opening bank in exchange for reimbursing the amount of the letter of credit or tendering the security therefor to the opening bank. The notify party then presents this document to the customs authorities for the process of customs clearance. The opening bank becomes a consignee only to ensure repayment of the funds it has expended, and the only interest of the opening bank as consignee is the reimbursement of the money paid to the exporter under the documentary letter of credit. Just as the bill of lading in maritime law, the air waybill has always been considered negotiable although the Warsaw Convention does not emphasize this aspect of negotiability. However, the Hague Protocol article 4 corrected the situation by stating that "nothing in this Convention prevents the issue of a negotiable air waybill." This provision officially recognizes that the air waybill must meet the needs of the present day business circles by being a negotiable instrument. Meanwhile, Montreal Additional Protocol no. 4 has brought important changes. Registration by computer is acceptable and the parties to the contract of carriage are allowed to replace the air waybill with a receipt for the goods. In conclusion, as the Warsaw Convention has not details of provisions relating to the issuing of the negotiable air waybill, it is hoped that there should be supplement to the Warsaw Convention and establishment of international commercial usage with regard to the negotiable air waybill.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.193-222
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• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• Journal of Advanced Navigation Technology
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• v.15 no.5
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• pp.893-905
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• 2011

CUPPS is the latest international standard passenger processing system which is operated with airlines' check-in system, DCS (Departure Control System) in order to provide check-in and boarding services to passengers. The CUPPS standard has been revised in August 2009 leading by IATA (International Air Transport Association) who recommends replacing old legacy common use system with CUPPS to airports and airlines around the world. IATA is expecting to reduce the installation and maintenance cost of CUPPS by standardizing various legacy common use systems and device controls. Airlines are also expecting to take advantage of the system to reduce the application development cost as developing only one standard CUPPS application instead of developing multiple applications for nonstandard legacy systems. This research which focuses on development completed AIRCUS, R&D project of ministry of land, transport and maritime affairs accomplished by IIA, will present the result of pilot trial and the effective approach methods to increase the possibility of expanding overseas business by comparing old legacy system with CUPPS to prove the dominance of CUPPS over the legacy systems as well as doing foreign case studies.

• Journal of Navigation and Port Research
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• v.31 no.8
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• pp.629-635
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• 2007

Reduced crew performance is frequently cited as a major causal factor in maritime accident causation. Although considerable research has been conducted on the hours of work undertaken by seafarers through interviews and the analysis of records, experimental studies to observe the effects of factors such as high workload, shift patterns, stress, sleep deprivation and disturbance on the cognitive performance of mariners have been limited. Other safety-critical transport industries, such as aviation and rail, have developed fatigue management tools to help manage the work patterns of their operators. Such a tool for mariners would assist shipboard crew, marine pilots and shore management in planning and improving work schedules. The overall aim of this paper is to determine a fatigue factor, which can be applied to human performance data, as part of a software program that calculates total cognitive performance. This program enables us to establish the levels of cognitive performance of a group of marine pilots to test a decision-making task based on radar information. This paper addresses one of the factors that may contribute to the determination of various fatigue factors: the effect of different work patterns on the cognitive performance of a marine pilot.

• Journal of Digital Convergence
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• v.18 no.5
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• pp.179-186
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• 2020

The purposes of this paper were: 1) to identify the structural changes of the northeast Asia airport network caused by the pandemic of COVID-19 using social network analysis (SNA) and 2) to suggest proposals for improving airport competitiveness. In this respect, the entire international air routes in northeast Asia airport collected data of 4-10 March 2019 and 9-15 March 2020 through schedules analyzer database of OAG. We found that both the density and centrality have decreased since the spread of COVID-19. The government and airport authorities need active support such as a reduction of various fees and a moratorium on transportation rights to overcome the crisis in the air transport industry. When the COVID-19 situation calms down in the future, we hope that further research will be conducted to identify the structural changes in the SNA aspects through the vast data establishment in countries such as the EU and America.

• The Korean Journal of Applied Statistics
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• v.29 no.1
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• pp.13-25
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• 2016

High-speed railway (Korea Train Express) has had a deep impact on the regional economy of Korea. Current high-speed rail research is mostly theoretical, there is a lack of quantitative research using a precise algorithm to study the effect of high-speed railway on the regional economy. This paper analyses the influence of high-speed rail on the regional economy, with a focus on the Daegu area. Quantitative analysis using department store indexes and regional medical records is performed to calculate the economic influence of high-speed rail. The result shows that high-speed railway effects the regional economy though regional consumption growth and medical care trends.

• Journal of Service Research and Studies
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• v.10 no.2
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• pp.77-89
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• 2020

This study analyzed the effect of Servant Leadership on leader trust and job engagement for the lower-level leader in airline crew occupations with the aim of identifying the possibility of establishing the theoretical framework of Servant Leadership in the service industry. As a result of the regression analysis, it was found that the social learning dimension of Servant Leadership has greater influence than the social exchange dimension on the leader trust, while the influence on job engagement is the opposite. The results of this analysis can be interpreted that trying to learn the words and actions of the Servant Leader is more effective in further consolidating the trust of the subordinates in the leader. On the other hand, the Servant Leader's words and actions for social exchange are inferred to have more influence on the job engagement. This study is targeted at air transport services, exposing limitations to the generalization of research results. Throughout leadership research and organizational research, including Servant leadership, further studies applying the social learning theory and social exchange theory presented in this paper are expected to produce theoretical results that will lead to the emergence of a new framework for research analysis.

• Journal of Navigation and Port Research
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• v.39 no.6
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• pp.457-463
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• 2015

A gas turbine engine plays an important role as a prime mover that is used in the marine transportation field as well as the space/aviation and power plant fields. However, it has a complicated structure and there is a time delay element in the combustion process. Therefore, an elaborate mathematical model needs to be developed to control a gas turbine engine. In this study, a modeling technique for a gas generator, a PLA actuator, and a metering valve, which are major components of a gas turbine engine, is explained. In addition, sub-models are obtained at several operating points in a steady state based on the trial running data of a gas turbine engine, and a method for controlling the engine speed is proposed by designing an NPID controller for each sub-model. The proposed NPID controller uses three kinds of gains that are implemented with a nonlinear function. The parameters of the NPID controller are tuned using real-coded genetic algorithms in terms of minimizing the objective function. The validity of the proposed method is examined by applying to a gas turbine engine and by conducting a simulation.

• Journal of Korea Port Economic Association
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• v.37 no.2
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• pp.133-152
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• 2021

The purpose of this study is to investigate the factors affecting the wages of workers in the logistics industry and to identify the current status of employment and wages in the logistics industry. Based on this, it sought to find analytical factors on the wages of workers in the logistics industry and explain their impact on the wage gap. The analysis data were interpreted as cross-sectional data from the National Statistical Office over the past decade and the analysis data were set to three types. The results of the analysis could be explained that three factors understood as wage discrimination factors that do not directly affect productivity generally have a significant impact on wage gap among workers in the logistics industry. Air and water transport industries received high salaries due to factors in the industry. The very low-paid sector for that was the land transport industry, and the courier industry as a detailed sector. Due to the nature of job factors, technicians and assistants received lower wages than other jobs. Due to the nature of the company's size factors, companies with 51 or more employees received higher wages than companies with 50 or less employees. In testing the effectiveness of multiple sources of ANOVA, the common 'industry × enterprise size' variable was explained to have a significant effect on gaps in wages for workers in the logistics industry. In addition, the comparison of the influence of the main effects of the three factors put into the analysis model shows that the industry has the most influence.