• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.9-58
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• 2005

The Warsaw Convention-officially denominated the "Convention for the Unification of Certain Rules Relating to International Transportation by Air"- is a major multilateral agreement governing the rights and responsibilities of passengers, consignor/consignee and air carriers in international transportation. Article 29(1) of the Warsaw Convention provides that the right to damages shall be extinguished if an action is not brought within 2 years, reckoned from the date of arrival at the destination, from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped. There has been disagreement as to the nature of this provision. It has been viewed on one hand as a statute of limitations, which may be tolled in appropriate circumstances. Some US Courts which have taken this approach read Article 29(2)-which states that the method of calculating the period of limitation shall be determined by the law of the court to which the case is submitted-as leaving to local law the determination of when the 2-year limitation period provided for in Article 29(1) runs. Therefore, they conclude, under Article 29(2), whenever state law would toll a state statute of limitations, the statute of limitations contained in Article 29(1) would be tolled as well. On the other hand, some other US courts have viewed the 2-year provision contained in Article 29(1) as a condition precedent to the right to bring suit, which will absolutely bar any action not brought within 2 years of the events giving rise to the action. These courts view Article 29(2) as providing only that the forum court should look to the law of the forum on the question whether the plaintiff has taken the necessary measures within the 2-year period to invoke that particular court's jurisdiction over the action. These courts have placed great weight on the "legislative" history of the Convention in reaching this position, noting in particular that the delegates to the Convention expressly considered and rejected a provision, which would have incorporated local tolling provisions.

• 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).

• Journal of Korea Port Economic Association
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• v.32 no.4
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• pp.149-163
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• 2016

Seafarers are an essential resource in maritime industries, which provide navigation skills, vessel maneuvering skills and fishing skills in the fishery industry. They also work as a driving force in pilotage, port operation, vessel traffic service, and marine safety. Other areas in maritime services, which rely on seafarer include safety management of ships, supervisory activities, and maritime accident assessment. In these ways, Korean seafarers have contributed to the growth of Korean economy. However, there have been issues of high separation rate, shortage of supply, multi-nationality, multiplicity of culture caused by employment of foreign seafarers, and aging. The present paper finds that maritime officers and fishery officers demonstrate differences in the statistics of on-board job taking and separation: the separation rate of fishery officers is higher than that of maritime officers. The existing data and statistics by the Korea Seafarer's Welfare & Employment Center could be improved by changing its structure from time series to panel data. The Korea Seafarer's Welfare & Employment Center is the ideal institution for collecting the panel data, as it has already accumulated and published relevant statistics regarding seafarer. The basic design method of the panel data is to adopt and improve it by including the information on ratings of maritime and fishery industries, ranks in a ship, personal information, family life, and career goal. Panel data are useful in short- and long-term forecasts of supply of Korean seafarers; demand evaluation of education, training, and reeducation of the seafarers; demographical dynamic analysis on Korean seafarers; inducement policy of long-term on board job taking in harmony with man-power demands in marine industries such as pilotage service; implementation of job attractiveness policy on Korean seafarers; and employment stabilization of Korean seafarers.

• Journal of Navigation and Port Research
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• v.39 no.3
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• pp.193-198
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• 2015

This research was conducted to provide an improvement plan concerning medical treatment on board and medical health care conditions for seafarers. 139 persons from government agencies and seafarer related organizations, who could influence the government's seafarers healthcare policy-making, were asked to fill in the questionnaire prepared for this research about their perceptive views on actual condition of health and disease management for seafarers. The results of the survey on seafarer's health care management conditions(p<0.01), health care manage ability(p<0.01), current radio emergency medical service policy(p<0.01), usefulness of on board medicine chest and medical equipment(p<0.05), and the system of the onboard medical care persons show the difference of perception level among the seafarer related organizations. But generally, the rate of negative responses was high. And this research suggests that there is an urgent need to provide portable health measurement equipment on board, reenforce regular medical examination and establish the seafarer's health promotion center for telemedicine and healthcare management(p<0.01) in order to improve the onboard medical treatment support system for healthcare of seafarers.

• Journal of Navigation and Port Research
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• v.43 no.6
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• pp.475-482
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• 2019

The increase in human use and activity in the oceans is leading to marine pollution and habitat destruction. As a result, in particular, marine animals with a long life cycle and small population are threatened with extinction. Thus, the Korean government designated 11 artificial habitats, such as aquariums and marine museums, as Ex-situ conservation institutions to preserve endangered marine life in 2010. However, studies on the significance and economic value of Ex-situ conservation institutions providing marine life conservation services have not been conducted. Thus, the purpose of this study was to estimate the public's quantitative support for the operation policy of Ex-situ conservation institutions, which is a management method for the protection and propagation of marine animals in Korea. To achieve this, the economic value of the marine animal conservation role of the National Maritime Museum was estimated, operated as an Ex-situ conservation institution for the preservation of green turtles in Korea. By using the representative non-market valuation method for public goods known as the contingent valuation method (CVM), the economic value of the Ex-situ conservation institution (National Maritime Museum) was estimated at approximately 41.8 billion won to a maximum of 78.1 billion won. The results of this study can be applied as basic data for marine animal management policymakers in establishing efficient management plans for endangered marine animals in Korea's coastal waters.

• Journal of Korea Port Economic Association
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• v.36 no.2
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• pp.87-108
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• 2020

The Korean logistics industry has grown with the development of domestic industries. The industry plays an important role in national and regional economic growth, and the government has continued policy efforts to foster the industry. This study analyzes the competitiveness of the regional logistics industry and its contribution to the regional economy. Location coefficients are used to analyze local specialization in each logistics industry. The value-added rate, GDP contribution, value-added induction coefficient, and net value-added income of regional logistics industries are analyzed using a regional input-output table. As a result, the logistics industry is found to have net value-added income and competitiveness in some regions, and there is no relationship between the location coefficient and the value-added contribution of the regional logistics industry. Seoul, Incheon, Gyeonggi, Busan, and Jeju have the competitiveness of each logistics industry. In addition, we identified the regions where the logistics infrastructure is well developed and those in which it needs to be supported. The regions where the logistics industry has developed require policies for making high value-added by logistics activity, and regions with insufficient growth need to support the development of the logistics industry by investing human resources and capital that can meet the local demand.

• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.265-301
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• 1993

지난 6월 3일 동경에서 있었던, 아시아 항공/우주법 학술대회 제 3분과에서 영국 Bin Cheng교수의 "The Warsaw System: Mess up, Tear up, or Shore up?"이라는 주제의 논문발표가 있었다. Bin Cheng교수는 특히 유럽의 EC Consultant Paper 와 일본항공사들의 1992년의 무한책임보상주의 채택에 대하여, 마치 무한 책임보상주의의 이론이 승리하였으며, 위의 상황들이 그 시작이라고 단정하였는데 이러한 견해는 아직까지 시기상조라고 생각한다. 본 글에서는 동경회의에서의 Bin Cheng교수의 논문중 특히 10항의 결론 부분을 중점으로 반대되는 의견을 제시하고자 한다. 국제항공사법인 와르소체제가 과연 발전하고 있는 것인가? 퇴보하고 있는 것인가? 와르소체제의 반대론자들은 미국의 소송변호사들, 일본항공사들과 일부 순수이론을 고수하는 학자들로써 이들은 와르소체제로부터의 탈퇴와 무한책임보상주의를 고수하고 있다. EC Consultation Paper (각주 122 참조)에서 보듯이, 비록 항공운송시의 손해배상액이 타 운송시의 손해배상액보다 적기는 하지만 이것이 곧 '무한책임보상주의'를 의미하는 것은 아니다. 미국의 판례중 불법행위로 인한 소송 (Nichole Fortman v. Hemeo Inc.)에서 보면, 작은 창자의 대부분을 병원의 과실때문에 잃은 Brooklin의 한 여인에게 500억 정도의 손해배상이 주어진 것을 보면, 과연 완전 보상에 맞는 무한책임이 과연 항공소송에 적용될 수 있는 것인가를 알아야 한다. 무한책임보상주의는 특히 개발도상국의 항공사들에게 보험료가 너무 과중하고, 와르소협약의 근본목적인 국제항공법의 통일성에 반하고 있기 때문에 국제사회 전반에 적용하기에는 비현실적이다. 와르소체제의 통일 성에 대한 거부는 만약 와르소체제에 버금가는 다른 보상체제가 있는 경우에는 다르지만, 현실적으로는 결국 국제적 혼란만을 야기사킬 것이다. 또한 와르소체제 반대자들은 항공운송인과 승객들의 관계를 갈등관계로 보고 있지만, 근본적으로 와프소협약에서의 항공운송인파 승객들의 관제는 공동이악관계로 보아야 한다. 항공운송사업의 목적도 또한 이윤추구인 바, 승객들이 항공운송인에게 과다한 손해배상을 요구하면, 결국 항공운송인은 승객들의 주머니에서 그 댓가를 찾으려고 할 것이다. 절국 양자의 이익을 보는 것은 소송변호사들 뿐이라고 볼 수 있다. 또한 'Unlimited Liability' 에서 'Unlimited' 란 'Full-Compensation' 을 의미하는 것으로, 'Wilful-Misconduct' 의 경우에는, 'Full-Compensation' 의 개념과 다르게, 그 보상액이 Warsaw협약 제 22조 1항에 적용되지 않는 'No-limited' 의 개념으로 해석하여야 한다. 항공소송의 경우에 통상 'Wilful-Misconduct' 의 경우에 손해배상액이 약 $700,000 인 것을 보더라도 'Full-Compensation'의 의미로 해석할 수 없다. 몬트리올 제 3추가의정서에서 'WilfulMisconduct' 의 개념을 삭제하고자 하는 것은, 이에 대비하여 추가보상제도, 임액수의 종액, 영격책임추의 등의 요소들을 전제로 하고 있기 때문이다. 몬트리올 제 3추가의정서가 최근의 발전적인 손해배상제도인가에 대하여, Bin Cheng 교수는 반대를 하고 있지만, 최선의 제도를 찾는 입장에서 몬트리올 추가 의정서는 여러가지로 부족하다. 그러나, 유한책임제도의 개선, 엄격책임주의의 도입, 빠른 소송타결의 제도, 재판관할권의 확대 그리고, SDR 화폐단위의 채택 등은 헤이그 의정서 이후의 보다 나은 제도적 장치를 하고 있다고 해석하여야 할 것이다. 시대의 변화에 따라 점진적으로 발전된 보상제도를 채택하였다면, 오늘날과 같이 시대에 뒤떨어진 보상체제로 혼란을 겪고 있지 않았을 것이다.

• Journal of Navigation and Port Research
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• v.38 no.3
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• pp.217-225
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• 2014

The system that covers gathering, integrating, exchanging, presenting and analyzing of information within ships and shores for the safety and security in Marine Environment is known as e-Navigation Policy. Northern Europe has been conducting research and development. It came up into a concept that deals with ship's route information between vessels as well as vessels to shores which is better known as route exchange system. The research showed substantial advantages on navigational safety by exchanging the route information between vessels in vicinity and vessels to shores. Therefore, upon the adaptation of route exchange System as a major function in integrated navigational system, the existing procedures in VTS could be changed for betterment. In this study, it was verified the effectiveness of route exchange system by the adaptation of a recent collision accident occurred in Korean coast and suggested that route exchange system which would be carried out by the discretion of VTS center in VTS area. Finally, it proposed the new functions for outstanding services and procedures of integrating traffic organization services on coastal VTS for an effective route exchange system in Korean coastal area.

• Journal of Korea Port Economic Association
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• v.32 no.4
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• pp.29-39
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• 2016

As geopolitical, archaeological and strategic interests on cooperation with countries in the Far Eastern Area is gradually increased, countries are competing to attract or install a logistics or manufacturing hub in their countries. In this study, we investigated the relative importance of factors on the main three and nine detailed criteria from the domestic and overseas experts on Far Eastern Area. Using AHP(Analytic Hierarchy Process) analysis, priority importance of factors was derived. As a result, we find that the most important factor was economic factor. In detail, industrial complex creation was the highest factor and the institutional guarantees for the investment on policy and transportation network was second highest factor. Based on analysis result, specific competitiveness level in the 10 region of Far East was follows. Hunchun, Vladivostok, Yanji, Tumen, Rajin, Hassan, Ussuriysk, Cheongjin, Mihaylov Skiing, Nije Jeuchinski were showed in order. Hunchun showed the highest competitive level in location, topography, compliance to the around cities, transportation network, industrial complex, excellence in logistics facilities, long-term investment plans, institutional guarantees for investment, customs efficiency and political stability. However, in other factors such as population and number of households, public facilities, potential demand and resource utilization, Vladivostok showed the highest level.

• Journal of Korea Port Economic Association
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• v.27 no.2
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• pp.333-354
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• 2011

After the terrorist attack of 9/11 on the USA, the security concern to global trade has been raised. In particular, the USA has actively promoted a series of initiatives and rules such as CSI, 24 hour rule, C-TPAT, and so on in the area of logistics activities, which aimed to better protect the country against the potential terrorist threats. While implementing such schemes called as a multi-layed logistics security strategy, a large number of countries trading with USA are facing with the issues of additional time and costs for inspecting cargos in their logistics facilities. As a result, most countries all over the world have sought a way to minimize the impacts from such strategy. The Korea also is preparing the several security programs operated by various ministries, which are aiming to not only improve the efficiency of trade flows but also to ensure supply chain security. However, many companies are expressing the inefficiency of operating such programs. Thus, this paper analyzed several global supply chain security programs currently adopted by international organizations(ISO, WCO, and IMO) and major countries(USA, EU, and Singapore) and suggested a guideline for developing the national logistics security system.