• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.327-348
• /
• 2016

Under the Korean legal system, as an actual carrier is not the contractual party to the contract for carriage of goods by sea, it has been tortiously liable for the damage to, or loss of cargo, should there be the negligence by its part. However, the Rotterdam Rules introduces a revolutionary liability regime for the actual carrier. According to the Rotterdam Rules, the liability of the actual carrier is same with that of a contractual carrier with the result that a shipper is entitled to bring the direct action to the actual carrier, as well as the contractual carrier on the same basis. Nevertheless, it is expected to take long time for the new approach in respect of actual carrier's liability to be confirmed by many countries, and furthermore most of shipping countries including Korea still adopt the Hague-Vis by Rules where the shipper is not allowed to bring the direct action to the actual carrier. This study reviews on whether or not the alteration of actual carrier's liability based on Rotterdam Rules would be reasonable, considering the current Korean legal system. Furthermore, this study, whilst recognizing that the overall introduction of the new liability regime is somewhat premature, suggests the imposition of contractual liability to the actual carrier from a long-term perspective. Having in mind that the article 809 of the Korean Commercial Act allows the shipper to bring the direct action to the shipowner only in the case that a time charterer is the contractual carrier, this study explores a method to apply the contractual liability to the actual carrier in the case that a slot charterer or freight forwarder is the contractual carrier, in order to establish the uniform liability system.

• Journal of the Korean Institute of Navigation
• /
• v.25 no.3
• /
• pp.269-281
• /
• 2001

Along with the development of marine transport, there emerged the concept of actual carrier. Actual carrier is a special subject in marine cargo transportation. The provisions regarding actual carriers have first been established in the Hamburg Rules and are introduced into the Maritime Code of PRC(hereinafter called the Code). But in China, because of different opinions in the legal interpretation of actual carriers, there is much divergence in practice. The purpose of this paper is to make a study on the definition of the actual carrier, the identity of the actual carrier and the liabilities of the actual carrier in the Code.

• International Commerce and Information Review
• /
• v.11 no.1
• /
• pp.291-308
• /
• 2009

The implied obligation under the contract of affreightment not to carry dangerous goods without prior notice to the carrier applies to the contractual relationship between the charterer and the owner under charterparties. The charterers will be in breach of an implied undertaking under the common law if they load dangerous cargoes without making notice of dangerous nature of them to the owner. It is indicated to be necessary to change the term "shipper" to "charterer", with relation to such implied obligation, where the Hague/Hague-Visby Rules are incorporated into the charter, however, it is not so apparent where an actual shipper is involved. So long as an actual shipper could be identified, the shipper rather than the charterer shall be responsible for damages arising from the dangerous nature of the cargo itself. In this case, the actual shipper is interpreted to have an implied contractual relationship with the carrier just by the act of delivering the cargo to the carrier for loading. If the vessel were damaged by shipment of the dangerous cargo under charterparty, the carrier can claim against such damages based on the contractual obligations under charterparties: "implied and expressed duty not to ship dangerous cargo without notice to the carrier"; "Art.IV.6 of the Hague/Hague-Visby Rules"; "Indemnity Clause" and "Redelivery Clause". The carrier has the conventional right under the Hague/Hague-Visby Rules to land, destroy or render the goods innocuous where the dangerous cargo threatens the means of transport or other interests on board. When the carrier has not consented to make the shipment, the carrier's disposal right could be exercised without limitation. However, where the carrier has consented to make the shipment of the dangerous goods with the knowledge concerned, the right of disposal of such goods should be exercised with limitation.

• Journal of Korea Port Economic Association
• /
• v.28 no.2
• /
• pp.195-211
• /
• 2012

As the globalisation of corporate's managemental environment, all parts of logistics such as procurement, production and sales are globalized. The ways of transportation in Korea and Japan, where are difficult to use land-transportation, are sea-transportation and air-transportation. Sea & air is a way of the international transportation which is combined by Sea and Air to reduce the transportation fee and shorten the delivery time. The main body of multimodal transportation service is the corporate, actual carrier who undertakes the actual transport. It is essential to establish service quality to maintain their going concern. In other words, the actual carrier has to emphasize the importance of service quality to forwarder tan any other business conditions. In this study, we examine the determinants of service quality for actual carrier in multimodal transportation. Through the multi-regression analysis based on SERVPERF by Cronin and Taylor (1992), we analyze the service quality dimensions of actual carrier. Also we examine the relations between the determinants and customer's satisfaction. Using statistical hypothesis testing, the determinants of service quality are reliability, responsiveness, assurance, tangibles, and we could look into the factors which the actual carrier should control with priority.

• Journal of Advanced Navigation Technology
• /
• v.21 no.6
• /
• pp.601-607
• /
• 2017

This study performed fault test on global positoining system (GPS) carrier phase measurements, which is a preprocessing step to generate the positioning correction information based on the global navigation satellite system (GNSS) infrastructure. The existing carrier acceleration ramp step test (CARST) method affects the test result by using the mean value to eliminate the receiver clock error. In this regard, this study applied differencing and compared its results with those of the existing CARST. The fault simulation that applied artificial faults to the actual data found that the fault could be detected independently on each satellite when difference method was applied, and the single difference CARST and the double difference CARST produced similar results. The comparison with the existing method using actual data demonstrated the strengths and weaknesses of satellite and station single difference. Nevertheless, it is our understanding that it would require an additional analysis to determine whether the results were affected by the satellite or receiver clock error.

• Design & Manufacturing
• /
• v.13 no.4
• /
• pp.28-33
• /
• 2019

In this study, the flow analysis of fermentation tank, digester and dryer, which are the main equipment in environmental energy facilities, was carried out. Numerical analysis was carried out with the size of the actual plant, and 3D modeling program CATIA V5 R16, grid generation program Gambit, and general purpose flow analysis package ANSYS-FLUENT (v13) were used. Simulation results of the carrier gas flow analysis in the STD dryer using the computational fluid dynamics program showed that the carrier gas smoothly circulated between the shells of the dryer and the flow was uniformly distributed without stagnation or flow. It is also predicted that rotational flow due to shell rotation is active. The average flow velocity of carrier gas in the STD dryer was estimated to be about 0.196m / s, and the average temperature of the carrier gas was calculated to be 424K. Due to the relatively slow carrier gas velocity and high average temperature, the water content of the sludge can be effectively lowered.

• Journal of Power Electronics
• /
• v.16 no.2
• /
• pp.778-785
• /
• 2016

An excess carrier lifetime extraction method is derived for physics-based insulated gate bipolar transistor (IGBT) models with consideration of the latest development in IGBT modeling. On the basis of the 2D mixed-mode Sentaurus simulation, the clamp turn-off test is simulated to obtain the tail current. The proposed excess carrier lifetime extraction method is then performed using the simulated data. The comparison between the extracted results and actual lifetime directly obtained from the numerical device model precisely demonstrates the accuracy of the proposed method.

• Smart Structures and Systems
• /
• v.24 no.6
• /
• pp.803-812
• /
• 2019

Triplex composite is an epoxy-bonded joint structure, which constitutes the secondary barrier in a liquefied natural gas (LNG) carrier. Defects in the triplex composite weaken its shear strength and may cause leakage of the LNG, thus compromising the structural integrity of the LNG carrier. This paper proposes an autonomous triplex composite inspection (ATCI) system for visualizing and classifying hidden defects in the triplex composite installed inside an LNG carrier. First, heat energy is generated on the surface of the triplex composite using halogen lamps, and the corresponding heat response is measured by an infrared (IR) camera. Next, the region of interest (ROI) is traced and noise components are removed to minimize false indications of defects. After a defect is identified, it is classified as internal void or uncured adhesive and its size and shape are quantified and visualized, respectively. The proposed ATCI system allows the fully automated and contactless detection, classification, and quantification of hidden defects inside the triplex composite. The effectiveness of the proposed ATCI system is validated using the data obtained from actual triplex composite installed in an LNG carrier membrane system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.221-237
• /
• 2016

This study aims to review the article 26 of UCP 600. The article 26 of UCP 600 deals with 'on deck cargo' and 'unknown wording' in L/C transaction. The article 26 of UCP 600 says that a transport document stating that the goods may be carried on deck is accept able. UCP 600 requires to reject transport documents which evidence that the goods are or will be loaded on deck. So the bank will not accept the B/L containing a clause stating the goods are or will be loaded on deck. But in practice a container cargo is carried on deck actually but we do not describe this fact on the Bill of Lading. The deck stowage is not allowed under the clean B/L. But in case of container cargo, the carrier has the right to carry the container on deck in practice. In spite of this practice the carrier can not describe this fact correctly like this : "The container cargo loaded on deck". If carrier describes on B/L like this, the bank rejects the B/L in L/C transaction. So the carrier describes as "the goods may be carried on deck" on the back of the B/L. But they loaded the container on deck actually. This article suggests some ideas on this matter. In addition, the article 26 of UCP 600 says that a transport document bearing a clause such as "shipper's load count" or "said by shipper to contain" is acceptable. This means that a carrier has no responsibility on the contents of containers. In case of FCL Cargo, it is impossible for a carrier to check the details of container cargo. Therefore it is inevitable to insert the expressions such as "SLC(shipper's load and count)" or "STC(said to contain)". The wording described on the face of B/L should be interpreted as intended and consistently. The intention of the carrier is not the actual quantity or weight. So unknown wording does not represent the actual quantity or weight. But some cases show that the carriers are indemnified by such insertion but others reject the effectiveness of such insertion. So this study emphasizes that unknown wording can not fully indemnify the carriers and that the insertion of such expressions shall be minimized.

• Proceedings of the KIEE Conference
• /
• 1987.07a
• /
• pp.469-472
• /
• 1987

The hot-carrier induced degradation in very short-channel MOSFET was studied systematically. Under the traditional DC stress conditions, the threshold voltage shift (${\Delta}Vt$) and the transconductance degradation (${\Delta}Gm$/(Gmo-${\Delta}Gm$)) were confirmed to depend exponentially on the stress time and the dependency between the two parameters was proved to be linear. And the degradation due to the DC stress across gate and drain was studied. As the AC dynamic process is more realistic in actual device operation, the effects of dynamic stresses were studied.