• 항공우주정책ㆍ법학회지
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• 제31권1호
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• pp.3-36
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• 2016

사안의 화물은 중국 칭다오를 출발하여 한국으로 수입된 귀금속으로, 사실관계에 따르면 인천공항까지 항공운송된 이후에 공항에서 서울 용산에 소재한 수하인의 주소지까지 육상운송되던 도중에 화물의 일부가 도난당하는 사고가 발생하였다. EXW조건으로 운송된 본건 화물에 대해 항공화물특송업을 영위하는 피고 운송인은 수출지 칭다오에서 수입자와 항공화물운송계약을 체결하였고 그에 관한 증빙으로 항공화물운송장이 발행되었다. 화물분실에 관한 손해배상책임에 관하여, 피고 운송인은 피고의 항공운송약관 및 민법과 상법에 우선하여 몬트리올협약이 적용되어야 함을 주장하면서 그에 따라 자신의 손해배상책임은 협약에 규정된 바와 같이 일정 한도로 제한되어야 한다고 주장하였다. 본 사안의 원고는 수입업자에게 보험금을 지급하고서 수입업자의 손해배상청구권을 대위행사하는 보험자였는데, 원고는 본 사건의 손해가 육상운송구간에서 발생하였으며 몬트리올 협약 제18조 제4항에 따라 항공운송 이외 구간에서 발생한 손해에 대해서는 협약이 적용될 수 없다고 주장하였다. 동 규정에 따르면 항공운송의 기간에는 공항 외부에서 행한 육상, 해상 또는 내륙수로운송은 포함되지 아니하는 것으로 명시되어 있기 때문이다. 또한 그러한 운송이 항공운송계약을 이행함에 있어서, 화물의 적재, 인도 또는 환적을 목적으로 하여 행하여졌을 때에는 반증이 없는 한 어떠한 손해도 항공운송 중에 발생한 사고의 결과라고 추정된다는 규정도 있다. 이에 따라 원고 보험자는 원칙적으로 항공운송 규범은 비(非)항공운송 구간에서 발생한 손해에 대해서는 적용되어서는 아니 되고, 더욱이 본 건과 같이 육상운송 구간에서 손해가 발생한 것으로 추정되고 그에 관한 반대의 입증이 존재하지 않는 경우에는 협약상 항공운송 중에 발생한 손해에 관한 추정규정도 적용되지 않으므로 오로지 육상운송에 관한 규범에 따라 피고 운송인이 손해배상책임을 부담하여야 한다고 주장하였다. 우리 상법상 육상운송에 관한 규정은 어떠한 책임제한원칙도 두지 않고 있으므로 만약 상법이 적용되고 몬트리올 협약과 같은 항공운송규범이 적용되지 않는다면 피고 운송인의 손해배상책임은 실손해배상을 기준으로 산정되어야만 하였다. 사안의 제1심과 원심은 원고 보험자의 주장을 받아들여 항공운송 규범의 적용을 불허하면서 역시 그에 따른 책임제한규정도 적용될 수 없다고 판단하였다. 이에 반해 대법원은 사안에서 체결된 운송계약의 내용으로 항공화물운송장의 이면약관의 적용을 긍정하여 피고 운송인이 책임제한을 원용할 수 있다고 판단하였다. 본 논문은 위와 같은 사실관계를 바탕으로 법원의 판단내용을 재검토하는 것을 주요 내용으로 한다. 특히 복합운송인에 의해 복합운송증권이 발행되는 '단순한 복합운송계약'과 항공운송의 이행과정에서 항공화물의 적재, 인도, 환적을 목적으로 이종의 운송수단이 사용되는 '확장된 항공운송계약'의 구별 필요성에 관해서도 살펴보았다. 본 연구는 기존에 해상운송 중심적이던 복합운송에 관한 연구와 비교하여 항공연계 복합운송에 관한 논의를 전개하였다는 점에서 의의가 있다고 하겠다.

• 한국산업융합학회 논문집
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• 제20권2호
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• pp.157-168
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• 2017

The pressure drop characteristics of air particle flow in a powder transport piping system were analyzed in this study. The pressure drop characteristics of air particle flow in the piping system have not well understood due to the complexibility of particle motion mechanism. Particles or powders suspended in the air flow cause the increase of the pressure drop and affect directly transport efficiency. In this study, the pressure drop in a powder transport piping system was analyzed with interactions of air flow and particle motion in straight and curved pipes. The total pressure drop increased with pipe length, mixture ratio, and friction factor of particles because of increased friction loss of air and particles in the piping system. For the coal powders of $74{\mu}msize$ and powder-to-air mass mixture ratio of 0.667, the total pressure drop under the consideration of powders and air flow was calculated as much as 30% higher than that air flow only.

• 항공우주정책ㆍ법학회지
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• 제27권1호
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• pp.75-101
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• 2012

As the Reublic of Korea revised the Commercial Code including 40 articles of air transport enacted newly on May 23, 2011, so Korea became first legislative examples in the Commercial Code of the developed and developing countries. I would like to explain briefly the main contents of my paper such as (1) history of enacting newly Part VI (air transport) in the Korea's revised commercial law, (2) legal background enacting newly Part VI (air transport) in the Korea's revised commercial law and the problems on the conditions of air transport, (3) every countries' legislative examples on the civil liability of aircraft's operator, (4) unlawful Interference Convention and general risk convention of 2009, (5) main contents and prospects of the revised Commercial Code for the liability of aircraft's operator etc as the followings. Meanwhile as the Aviation Act, Commercial Code and Civil Code in Korea and Japan did not regulated at all the legal basis of solution on the disputes between victims and offender for the amount of compensation for damage due to personal or property damage caused by aircraft accidents in Korea and Japan, so it has been raised many legal problems such as protection of victims, standard of decision in trial in the event of aircraft accident's lawsuit case. But the Korean Revised Commercial Code including Part VI, air transport regulations was passed by the majority resolution of the Korean National Assembly on April 29, 2011 and then the South Korean government proclaimed it on May 23 same year. The Revised Commercial Code enforced into tothe territory of the South Korea from November 24, 2011 after six month of the proclaimed date by the Korean Government. Thus, though Korean Commercial Code regulated concretely and respectively the legal relations on the liability of compensation for damage in the contract of transport by land in it's Part II (commercial activities) and in the contract of transport by sea in its Part V (marine commerce), but the Amended Commercial Act regulated newly 40 articles in it's Part VI (air transport) relating to the air carrier's contract liability on the compensation for damage caused by aircraft accidents in the air passengers and goods transport and aircraft operator's tort liability on compensation for damage caused by the sudden falling or collision of aircraft to third parties on the surface and so it was equipped with reasonable and unified system among the transport by land, marine and air. The ICAO adopted two new air law conventions setting out international compensation and liability rules for damage caused by aircraft to third parties at a diplomatic conference hosted by it from April 20 to May 2, 2009. The fight against the effects of terrorism and the improvement of the status of victims in the event of damage to third parties that may result either from acts of unlawful interference involving aircraft or caused by ordinary operation of aircraft, forms the cornerstone of the two conventions. One legal instrument adopted by the Conference is "the Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft" (Unlawful Interference Convention). The other instrument, "the Convention on Compensation for Damage Caused by Aircraft to Third Parties" (General Risk Convention), modernizes the current legal framework provided for under the 1952 Rome Convention and related Protocol of 1978. It is desirable for us to ratify quickly the abovementioned two conventions such as Unlawful Interference Convention and General Risk Convention in order to settle reasonably and justly as well as the protection of the South Korean peoples.

• 항공우주정책ㆍ법학회지
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• 제4권
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• pp.7-35
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• 1992

The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

• Environmental Sciences Bulletin of The Korean Environmental Sciences Society
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• 제4권2호
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• pp.111-116
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• 2000

Transboundary air pollution has recently become an area of increasing scientific interest and political concern as countries are receiving air pollutants from their neighbors. In order to gain a better understanding of the long-range transport processes of air pollutants and the source-receptor relationships among neighboring countries, an atmospheric transport model coupled with a RAMS(Regional Atmospheric Modeling System) model was applied to the East Asia region during the entire month of January 1993. The scalar transport option of the RAMS model was used to calculate special atmospheric constituents such as trace gases or aerosols. The sulfate production in clouds and rainwater and its removal processes by dry and wet deposition were considered. The sulfate budget from source regions to receptor regions was estimated by analysing the source-receptor relationships. When a specific receptor site revealed a sulfate value higher than the sulfate concentration based on its own source origin, this was taken to indicate long-range transport from another source region. The contribution ratio from various source region was calculated. The contribution ratio of dry and wet deposition was higher on the main continent of the East region. Furthermore, the high deposition amounts were identified on the west coast of Korea and the East China Sea.

• The Journal of Asian Finance, Economics and Business
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• 제7권7호
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• pp.269-277
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• 2020

Bao Loc City is the new tourism destination in Lam Dong province, Vietnam, where more and more tourists have been drawn to pay a visit. This study aims to test the correlative impact of tourism service quality factors on satisfaction of the tourists who have visited Bao Loc City. The key theory used in this study is SERVQUAL scale. The survey sample consists of 350 tourists who stayed overnight in Bao Loc City in the last quarter of 2019; 315 valid survey questionnaires could be used for the analysis. The research applied Cronbach's Alpha, exploratory factor analysis (EFA), confirmatory factor analysis (CFA), structural equation modeling (SEM), and bootstrap test. The results show that the satisfaction of the tourists who have visited Bao Loc City has been affected statistically by three factors: (1) Responsiveness; (2) Reliability; and (3) Empathy, which were ranked by descending importance. Surprisingly, the research found that Tangibles and Assurance do not have an impact on tourists' satisfaction towards Bao Loc City. The research formulates some suggestions to the city policy-makers and the tourism businesses management in Bao Loc City in order to enhance tourists' satisfaction through improving the tourism service quality at Bao Loc City.

• 열처리공학회지
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• 제35권4호
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• pp.193-202
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• 2022

Manholes and underground spaces are installed to manage the buried heat transport pipes of the district heating system, and the corrosion damage of the equipment placed in this space often occurs. The purpose of this work is to identify locations with a high risk of corrosion damage in the air vent and to establish preventive measures based on precise analysis via sampling of heat transport pipes and air vents that have been used for about 30 years. The residual thickness of the air vent decreased significantly by reaching ~1.1 mm in thickness, and locations of 60~70 mm away from a transport pipe were the most vulnerable to corrosion. The energy dispersive X-ray spectroscopy (EDS) analysis was performed in the corroded oxides, and it was found that chloride ion was contained in the corrosion products. Anodic polarization tests were carried out on the air vent materials (SPPS250, SS304) with varying the amounts of chloride ions at two different temperatures (RT, 80℃). The higher concentration of chloride ions and temperature are, the lower corrosion resistances of both alloys are.

• 한국항공운항학회지
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• 제15권4호
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• pp.131-141
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• 2007

This paper identifies the productivity in the Global Air Transport Industry for the period of 1995-2001 by testing the Total Factor Productivity with tonqvist method. Based on panel data from 20 major international airline corporations which formed global strategic alliances, we find alliances make a considerably significant contribution to productivity increases. We also find that total factor productivity rate changed surprisingly in Air Transport Industry between pre- and post-Asian financial crisis period.

• 항공우주정책ㆍ법학회지
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• 제20권1호
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• pp.143-209
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• 2005

1994년 북한이 영공개방의사를 밝힌 후, 1996년 대구-평양 비행정보구역 통과 항공로 개설되었다. 2000년 김대중 대통령의 북한 방문 때 서해안 직항로를 이용하는등 남북한의 항공운송협력이 강화되는 듯하였으나, 여러 주변 환경에 대한 운송부담력이 큰 항공운송은 남북한 협력이 쉽게 이루어지지 못하고 있다. 최근 남북한 교류가 증가됨에 따라 경제협력을 논의하기 자리가 자주 마련되고 있으며, 남북한 경제협력사업을 통해 정치적 신뢰성도 증진되었다. 그에 따라 과거에는 불가능하다도 여겨졌던 철도, 도로, 항만의 연계가 실현되었고, 가까운 장래에 남북이 연계된 직항로로 운송이 가능하게 될 것이다. 본 연구에서 남북한 항공운송협력이 갖는 의미는 단순히 남북한의 항공망이 연계 된 것을 의미하는 것을 넘어서 항공운송을 통한 경제협력과 동북아의 허브화를 지향하는 우리의 항공운송산업에 큰 의미를 부여하게 될 것이다. 이는 그 동한 북한이라는 한계에 부딪혀 항공 허브화에 어려움이 있었던 항공운송산업계의 큰 돌파구가 될 것이다. 즉 남북한의 항공연계의 진정한 의미는 동북하의 허브화, 세계적 경쟁력을 갖춘 항공운송산업을 갖춘 한국이 될 수 있는 좋은 기회가 될 것이다. 남북한 항공운송협력을 위한 전략 개발을 위해 환경 분석과 이를 바탕으로 SWOT 분석을 통하여 전략을 개발하였으며, 주변 환경변화에 따라 적절한 전략의 구사가 필요하다. 연구 결과 항공운송협력을 위해 내부 환경과 외부환경의 분석에 나타난 강점, 약점, 위협, 기회 요소들을 적절히 활용하여 단계별 전략의 구사에 활용하는 것이 바람직 할 것이다.

• 항공우주정책ㆍ법학회지
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• 제23권1호
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.