• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.199-220
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• 2004

The Montreal Convention which came into force on November 4, 2003 over the world, has brought a fundamental change to the scope of carrier liability and expanded the sue scope of the carrier. Not only confirms the carrier liability, it also reflects the effects of code-share. In addition to integrate the existing principles that adopted by many conventions, the Montreal Convention has systematized the unity of international air transport into a single convention. It even successfully increased the extremely low compensation amount which was pointed out as a problem in the Warsaw Convention before. The Warsaw Convention, originally stood for the carriers, began to reflect the standpoint of the passengers. The Chinese Civil Aviation Law came into force on March 1, 1996. One of the significant characteristics of the law is that, the regulation on public and private law is mixed combined. Therein, the content of carrier liability system is prescribed in Chapter 9, which is explained in detail in this study. Besides, the relationship between the Montreal Convention and China will be expounded too. So far, China ranks the 5th in RPK and the 6thin FrK. However, in spite of the high ranks, China has not yet joined this convention. This can be regarded as a serious problem. China should join it as soon as possible for a further development and deeper cooperation with the air-industry-developed countries. Once the government ratifies the Montreal Convention, it will benefit both the Chinese passengers and the airlines.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.23 no.4
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• pp.133-139
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• 2015

1983년에 중국 정부가 자국민의 해외 여행을 허가한 이래, 중국의 아웃바운드 해외 관광 시장은 비약적으로 발전하였다. 대한민국은 이러한 현상의 최대 수혜 국가 중 하나가 되었으며, 항공운송 분야에 있어 특히 혜택을 보았다. 현재 인천국제공항의 전체 이용객 중 23.9%가 중국인이며, 추후에도 중국여객들이 인천국제공항의 주요한 고객으로 남을 것으로 전망된다. 중국의 광활한 영토와 13억이 넘는 인구를 고려할 때, 중국을 하나의 시장으로만 보는 것이 아니라 여러 지역들이 모인 집합체로 바라볼 필요성이 제기된다. 이렇게 할 시, 각 지역마다 다른 중국여객들이 공항 이용에 있어 보이는 태도와 행동양상의 차이점을 파악하여, 차별화된 서비스 제공의 밑바탕이 될 수 있다. 이를 통하여 중국여객들의 인천국제공항 이용 시 고객 가치와 만족도의 향상에 기여할 수 있다. 본 연구는 중국 정부가 경제, 사회 등의 요소를 고려하여 공인한 방식대로 중국 전체를 다섯 개의 권역으로 분할하여 중국여객들이 인천국제공항 이용에 있어 느끼는 만족도를 조사하고자 한다. 특별히 면세점 이용과 관련된 만족도에 중점을 두고자 한다. 권역별로 지니는 차이점을 분석하여, 권역별로 상이한 서비스 전략을 추진하기 위한 전략적 방향성을 제시한다.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.30 no.4
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• pp.159-168
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• 2022

본 연구의 목적은 공항 세금 환급시스템의 혁신적 특성과 중국인 탑승객의 개인 통제신념이 수용 의도에 미치는 영향을 규명하고자 하였다. 본 연구는 계획된 행동이 세금환급을 받으려는 의도에 미치는 영향에 대해 이론적으로 고찰하고 분석하였다. 공항에서 세금환급시스템을 이용한 경험이 있는 중국인 탑승객 343명을 대상으로 자료를 수집하였다. 실증 분석 결과, 시스템 혁신적 특성에서 상대적 이점, 적합성 및 복잡성이 높고, 인식된 위험이 낮을수록, 개인 통제신념에서 행동신념, 규범신념 및 통제신념이 높을수록 이용자의 수용의도가 높은 것으로 판명되었다. 이용자 채택 단계에 따른 수용 의도 간의 차이를 분석한 결과, 초기 수용자 집단이 후기 수용자 집단보다 수용 의도가 높은 것으로 나타났다. 이용자의 채택 단계에 따라 수용 의도에 영향을 미치는 요인은 차이가 있었는데, 초기 수용자 집단에서는 시스템 혁신적 특성 중 적합성과 개인 통제신념이 중요한 변수였으며, 후기 수용자 집단에서는 시스템 혁신 특성 중 인식된 위험과 규범신념을 제외한 개인의 통제신념이 중요한 변수로 분석되었다. 따라서 공항 세금 환급시스템에 대한 초기 수용자들에게는 더 많은 확신을 줄 필요가 있으며, 후기 수용자들에게는 지각된 위험을 감소시켜 주어야 할 것이다.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.37-81
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• 2015

AirAsia QZ8501 Jet departed from Juanda International Airport in, Surabaya, Indonesia at 05:35 on Dec. 28, 2014 and was scheduled to arrive at Changi International Airport in Singapore at 08:30 the same day. The aircraft, an Airbus A320-200 crashed into the Java Sea on Dec. 28, 2014 carrying 162 passengers and crew off the coast of Indonesia's second largest city Surabaya on its way to Singapore. Indonesia's AirAsia jet carrying 162 people lost contact with ground control on Dec. 28, 2014. The aircraft's debris was found about 66 miles from the plane's last detected position. The 155 passengers and seven crew members aboard Flight QZ 8501, which vanished from radar 42 minutes after having departed Indonesia's second largest city of Surabaya bound for Singapore early Dec. 28, 2014. AirAsia QZ8501 had on board 137 adult passengers, 17 children and one infant, along with two pilots and five crew members in the aircraft, a majority of them Indonesian nationals. On board Flight QZ8501 were 155 Indonesian, three South Koreans, and one person each from Singapore, Malaysia and the UK. The Malaysia Airlines Flight 370 departed from Kuala Lumpur International Airport on March 8, 2014 at 00:41 local time and was scheduled to land at Beijing's Capital International Airport at 06:30 local time. Malaysia Airlines also marketed as China Southern Airlines Flight 748 (CZ748) through a code-share agreement, was a scheduled international passenger flight that disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing's Capital International Airport (a distance of 2,743 miles: 4,414 km). The aircraft, a Boeing 777-200ER, last made contact with air traffic control less than an hour after takeoff. Operated by Malaysia Airlines (MAS), the aircraft carried 12 crew members and 227 passengers from 15 nations. There were 227 passengers, including 153 Chinese and 38 Malaysians, according to records. Nearly two-thirds of the passengers on Flight 370 were from China. On April 5, 2014 what could be the wreckage of the ill-fated Malaysia Airlines was found. What appeared to be the remnants of flight MH370 have been spotted drifting in a remote section of the Indian Ocean. Compensation for loss of life is vastly different between US. passengers and non-U.S. passengers. "If the claim is brought in the US. court, it's of significantly more value than if it's brought into any other court." Some victims and survivors of the Indonesian and Malaysia airline's air crash case would like to sue the lawsuit to the United States court in order to receive a larger compensation package for damage caused by an accident that occurred in the sea of Java sea and the Indian ocean and rather than taking it to the Indonesian or Malaysian court. Though each victim and survivor of the Indonesian and Malaysia airline's air crash case will receive an unconditional 113,100 Unit of Account (SDR) as an amount of compensation for damage from Indonesia's AirAsia and Malaysia Airlines in accordance with Article 21, 1 (absolute, strict, no-fault liability system) of the 1999 Montreal Convention. But if Indonesia AirAsia airlines and Malaysia Airlines cannot prove as to the following two points without fault based on Article 21, 2 (presumed faulty system) of the 1999 Montreal Convention, AirAsia of Indonesiaand Malaysia Airlines will be burdened the unlimited liability to the each victim and survivor of the Indonesian and Malaysia airline's air crash case such as (1) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents, or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. In this researcher's view for the aforementioned reasons, and under the laws of China, Indonesia, Malaysia and Korea the Chinese, Indonesian, Malaysia and Korean, some victims and survivors of the crash of the two flights are entitled to receive possibly from more than 113,100 SDR to 5 million US$ from the two airlines or from the Aviation Insurance Company based on decision of the American court. It could also be argued that it is reasonable and necessary to revise the clause referring to bodily injury to a clause mentioning personal injury based on Article 17 of the 1999 Montreal Convention so as to be included the mental injury and condolence in the near future.

• Journal of IKEEE
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• v.21 no.1
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• pp.13-23
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• 2017

Short-term prediction of the number of passengers at the airport is very essential for the efficient and stable operation of the airport. Here, to forecast the immigration of Incheon International Airport, we perform the predictive modeling of Korean and Chinese outbound travelers comprising most of immigration. We conduct the Granger Causality test between the number of outbound travelers and related search trend data to confirm the correlation. It is found that the forecasting with both "outbound travelers" and "search term trends" data outperforms the one only with "outbound travelers" data. This is because search activities are done before doing something and this study confirms that search trend data inherently possess the potential for prediction.

• Journal of the Korea Convergence Society
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• v.10 no.9
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• pp.127-132
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• 2019

This study is an example of the registration of intellectual property rights by applying capstone design to airline service. To relieve the inconvenience of the 'Paper Cage' that is on sale in the airlines, the team create 'Foldable Inflight Pet Cage' for the convenience of passengers accompanying their pets. This allowed not only pets but also passengers on board to make comfortable and safe air travel. Through collaboration with aviation experts and pet cages production experts, the team produced foldable cages that were not previously available. For verification of products, preliminary survey was conducted to enable the commercialization of foldable cage. The project period was 15 weeks, and the participants consisted of 18 students, 1 professor, and 4 industry experts. This study shows Capstone Design can also be applied in airline service and be a valuable research on the necessity of industry-academic links and practical-oriented education.

• International Commerce and Information Review
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• v.15 no.2
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• pp.3-23
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• 2013

In 1997, 180 countries signed the Kyoto Protocol in Kyoto, Japan. The Kyoto Protocol came into force in February 2005. The agreement calls for industrialized nations to cut greenhouse gas emissions by 5 percent from 1990 levels by 2008 to 2012. One of those polices is a modal shift that change from road freight to sea, inland waterway and railroad transportation that is eco-friendly. The increase of road freight brings road congestion, accidents, logistic costs, air pollution and greenhouse gases. Railroads are superior than the other modes of transportation in mass transportability, high speed, timeliness, safety and environmental-friendliness, but the railway industry has been pushed behind in competition. Korean railroads were used by passengers and freight transport popularly until the middle of 20th century, however, by the sudden change of logistics environments, a shaving time efficiency being most important, railroad logistic lost its competitive power against the transportation by truck. From the research which sees consequently investigated a various policy, a system and a law about Chinese logistics industry and present condition of the Chinese goods enterprise and instance analysis of the large Chinese corporation that branch out to undeveloped markets led and a Chinese logistics industry and problem point escape hereafter the heightening of competitiveness plan which is rational under prsenting boil.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.137-168
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• 2020

Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.141-160
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• 2015

With the steady growth of our nation's economy, the purchase power of our domestic citizens has continuously enhanced. In recent years, online overseas shopping has rapidly warmed up, increasing number of Chinese people have started to purchase overseas products via internet. According to China's current legislation, the imported goods are divided into goods and items based on "profitability standard", and regulated by different rules of clearance supervision and import duties. Goods can't pass through custom and pay duties in the form of items, and the import duties burden of goods is generally much heavier than that of items. Goods of entrusted overseas shopping pass through custom and pay duties in the form of items, but goods of profitable purchasing are goods, not items. Therefore, the profitable-purchasing behavior is smuggling. Although goods of unprofitable purchasing are items, unprofitable-purchasing behavior may also constitute smuggling. The author concludes that causes of smuggling crime are: huge market demand for overseas goods, lack of customs supervision, law blank of petty foreign trade, and public's misconception of entrusted overseas purchasing are the major factors. The author proposes the corresponding preventive measures against the crime, such as to establish an one-stop service system in online Shopping Mall, to modify the Passengers' Baggage Declaration Form, to establish a relatively simplified clearance system of small cargo, to establish a relatively reasonable import duties of petty trade.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.147-176
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• 2011

China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.