• Journal of Korea Port Economic Association
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• v.39 no.3
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• pp.1-19
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• 2023

After being kept in bonded areas and bonded logistics warehouses, the level of information sharing and progress confirmation on the process until the cargo is released is insufficient, resulting in disputes and legal disputes related to unauthorized and illegal delivery of cargo. This study attempted to present the introduction of standard electronic documents as a way to solve problems such as delivery practices raised in the delivery of existing imported cargo and legal disputes related to unauthorized illegal delivery among import-related entities. The service provider who manages the bonded warehouse/logistics center in the hinterland of Busan New Port and the shipper service user who use the service were classified into two groups, and a survey was conducted to analyze the difference in perception between the two groups. As a result of the analysis, both groups judged that the introduction of standard electronic documents was necessary, and showed high expected effects in preventing and reducing erroneous shipments and preventing and improving unauthorized and illegal shipments. Discussions between related organizations, related parties, and subjects are needed first to introduce standard electronic documents of the entry and warehouse management system, and the actual participation of related entities such as service providers and service users will play a very important role in establishing the system.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.71-96
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• 2006

This paper intends to describe the carrier's duty for the delivery of international air cargo and the carrier's liability for the illegal delivery of cargo under the Montreal Convention, lATA Conditions of Carriage for Cargo and judicial precedents. Under the Article 13 of Montreal Convention, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charge due and on complying with the conditions of carriage. And unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives. Under the Article 18 of Montreal Convention, the carrier is liable for damage sustained in the event of the destruction or less of or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. And the carriage by air comprises by the period during which the cargo is in the carriage of the carrier. Under the Article 11 of lATA Conditions of Carriage for Cargo, carrier is liable to shipper, consignee of any other person for damage sustained in the event of destruction of loss of, or damage to, or delay in the carriage of cargo only if the occurrence which caused to the damage so sustained took place during the carriage as defined under Article 1. According to the precedent of Korean Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the airway bill by the bonded warehouse operator because the freight forwarder did not designate the bonded warehouse and did not hold the position of employer to the bonded warehouse operator. In conclusion, the carrier or freight forwarder should pay always attention the movement and condition of the cargo not to be liable for the illegal delivery of cargo.

• Journal of Navigation and Port Research
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• v.32 no.8
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• pp.659-665
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• 2008

This thesis describes the key elements for efficient customs clearance system which can facilitate flow of maritime container cargo in the pier area of Busan port, on the basis of considering great changes on international trade environment, development of customs clearance system, variation of commercial container traffic, and diverse views originated from field experience in the distribution industry. To facilitate the flow of maritime containers, reform plan of bonded-transportation and import declaration is proposed to relieve the customs restriction during the days from discharging cargos to taking them into bonded warehouse. Also, various plans to strengthen maritime security, such as customs exam of high-risk export cargos in loading port, pre-declaration of transit container replacement, container tracing system, are proposed to improve Busan port's competitiveness in safety.

• Journal of Korea Port Economic Association
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• v.26 no.4
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• pp.310-328
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• 2010

The purpose of this study is to contribute to reducing distribution costs, enhancing export price competitiveness, and improving distribution system in LCL cargo, by pursuing the present status of warehouse storage fee, a cause & problem about excessive hike, and a plan for stabilizing warehouse storage fee, as for LCL Cargo, which is imported by sea. The plans for rationalizing warehouse storage fee in LCL cargo were suggested the adoption of the ceiling system for warehouse storage fee rate, the obligation of offering information on warehouse storage fee rate, the eradication of illegal rebate, the improvement in distribution system of the imported LCL cargo, a scheme for the importer to designate a bonded warehouse and forwarder, the introduction of the tentatively named 'LORAS(Lowest Rate Service),' and formation of the dispute coordinating committee for warehouse storage fee.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.67-92
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• 2008

The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed 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", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

• Journal of the Korean Society of Industry Convergence
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• v.26 no.3
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• pp.499-507
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• 2023

The core of the liquefied natural gas (LNG) carrier cargo containment system (CCS) is to store and transport LNG safely under temperatures below -163 degrees Celsius. The secondary barrier of the LNG CCS is adopted to prevent LNG leakage from CCS to the ship's hull structure. Recently, as the size of the LNG CCS increases, various studies have been conducted on the applied temperature and load ranges. The present study investigates the working condition-dependent bonding strength of the PU15 adhesives of the secondary barrier. In addition, the mechanical performance is analyzed at a cryogenic temperature of -170 degrees Celsius, and the failure surface and failure mode are investigated depending on the working condition of the bonded process. Even though the RSB and FSB-based fracture mode was confirmed, the results showed that all the tested scenarios satisfied the minimum requirement of the regulation.

• International Commerce and Information Review
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• v.17 no.3
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• pp.299-322
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• 2015

Generally Container can be seperated from FCL and LCL. The LCL cargo can be evaluated as a cargo that makes it possible to attract a relatively stable volume and create added value. The aim of this study is to suggest improvement plan for atrracting LCL cargo in Pyeongtaek Port. In order to achieve the object of the study, The research structure is following. 1) analyzing a movement path of the LCL cargo occurring in Pan Yellow-Sea. 2) analyzing the problems to handle LCL cargoes in Pyeongtaek Port. The basic data for analyzing the movement path of LCL Cargoes utilize the data of the Customs Service. and the problems of LCL freight handled suggested from forwarder, carferry liners, and bonded warehouse companies by interview. In this study, We use Fuzzy-AHP as the methodology to analyze the importance of attracting major improvement for LCL shipments in Pyeongtaek Port. As the result, The expansion of inspection equipment and personnel was presented as the most important improvement too solve the clearance problems that is the most serious problems in Pyeongtaek Port. and The realization of incentive payments that local government pay for Profitability of related companies are needed.

• Journal of Korea Port Economic Association
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• v.21 no.3
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• pp.83-113
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• 2005

In this study, for purpose of searching for measures to lower the logistics costs which is one of the most difficulties for the small-medium sized manufacturers in Pusan and Kimhae, those manufacturers were surveyed with questionnaire about the facts in the export logistics costs, difficulties related to the costs, and measures they thought for lowering the cost. Taking account of findings from the survey, the comprehensive measures of saving the export logistics costs were to be proposed. In the surveyed manufacturers, the problems they thought over export logistics costs lied in short logistics information and transportation-related difficulties in cargo and distribution, insufficient standardization in packaging and the shortage of material handling equipments in unloading. In transportation, frequent non-fulfillment of in-time shipment, cost increase including over consumption of transportation time due to traffic jam, and the biased heavy use of inland transportation were pointed out as problems. In customs clearance, logistics information, and marine insurance, addressed were complexity in custom clearance and bonded transportation procedures, and the shortage of software and hardware to construct logistics information system.

• Journal of Korea Port Economic Association
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• v.38 no.4
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• pp.1-11
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• 2022

Although the port distripark concept and its development policy have been introduced since almost twenty years, there is no visible results of the policy. Specifically, the level of value-added logistics using transhipment cargo is too low. In this paper, we mainly focus on the causes of the policy failure of port distripark's value added activities in terms of conceptual as well as practical or functional. Definitely, the study reviews the concept of port distripark compared to industrial park or bonded factory. The study also analyzes the differentiation of port distripark and port hinterland. The study generats that the problem or error that may occur when port hinterland is identified with the port distripark. Last but not least, the limitations of value added logistics is generated on the study. We examined in depth whether the already well known value added activity of port distripark is really activities that add 'value'.

• 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.