• Title/Summary/Keyword: Consignor security

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Protection Plan of Trustee Personal Credit Information for Credit Card Company Using Cloud Computing (클라우드컴퓨팅 이용 신용카드사의 영세수탁자 개인신용정보 보호방안)

  • Kim, Shi-in;Kim, In-suk
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.29 no.4
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    • pp.885-895
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    • 2019
  • As seen in recent cases of hacking in financial services, attackers are attempting to hacking trustee with poor security management, rather than directly hacking a financial company. As a result, the consignor is strengthening the security check and control of the trustee, but small trustee has difficulties to invest in information security with the lack of computer facilities and the excessive cost of security equipment. In this paper I investigate the vulnerability of personal information processing life cycle standards in order to enhance the security of small consignee that receive personal information form the credit card company. To solve the vulnerability the company should use litigation management system constructed on cloud computing service and install VPN to secure confidentiality and intergrity in data transfer section. Also, to enhance the security of users, it is suggested to protect personal credit information by installing PC firewall and output security on user PC.

Legal Relations of the Contract of International Carriage of Goods by Air (국제항공화물운송계약(國際航空貨物運送契約)의 법률관계(法律關係) -화주(貨主)의 권리의무(權利義務)를 중심(中心)으로-)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.193-222
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    • 1989
  • The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. 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, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. 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 consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

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A Study on the Establishment of a Security and Customs Cooperation System for Reinforcement of the International Air Cargo Supply Chain Security (국제항공화물 공급망 보안 강화를 위한 보안과 세관의 협조체계 구축방안에 관한 연구)

  • Park, Man-Hui;Hwang, Ho-Won
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.29 no.4
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    • pp.142-152
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    • 2021
  • The International Civil Aviation Organization (ICAO) and the World Customs Organization (WCO) emphasize securing supply chain security through mutual cooperation between aviation security and customs by establishing a standardized security system by regulations, procedures and practices of international air cargo. Accordingly, in accordance with the Aviation Security Act, the known consignors system aims to secure cargo security before loading air cargo into the aircraft, while the customs AEO system is a public-private cooperation program that focuses on simplification of customs clearance procedures. These systems basically have the same purpose of effectively identifying high-risk cargo through a risk-based approach in international air cargo transportation and preventing risks in advance, and the content that a common basic standard for cargo security must be established is also similar. Therefore, it is necessary to establish a cooperation system by simplifying problems such as cumbersome and redundant authentication procedures and on-site verification through coordination of security requirements for mutual recognition between the two systems. As a result, it is necessary to establish a process for coordinating security and customs' supply chain security program and maximize the effect of harmonizing supply chain security by strengthening the linkage between known consignors and AEO.

The Character and Negotiability of Air Waybill (항공화물운송상(航空貨物運送狀)의 성질(性質)과 유통성(流通性))

  • Lee, Kang-Bin
    • 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.

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A Study on the Management Capabilities Enhancement of Consignor's Personal Information Protection (위탁자의 개인정보보호 관리역량 제고에 관한 연구)

  • Cheong, Hwan-Suk;Park, Euk-Nam;Lee, Sang-Joon
    • Journal of Internet Computing and Services
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    • v.17 no.4
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    • pp.95-113
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    • 2016
  • Personal information processing works, including resident registration number is common to be consigned by IT specialized company due to high level expertise and tremendous cost. The accident related to personal information is increasing and most of accidents are caused by the consignee's leaking information. According to the Inspection of personal information protection and the management level diagnosis of personal information protection, public Institutions need to build the consignee's accident prevention and personal information management system as soon as possible. In this paper, the efficient enhancement ways for the personal information protection is studied. We analyze the law of business consignment and select basic management items related with personal information protection, and propose a analysis scheme for management level of personal information protection and a enhancement scheme for management system of personal information protection. This paper suggests consignee's management system of personal information protection for the enhancement way and the three Strengthening ways in law. To compose the a enhancement scheme for management system of personal information protection, we conduct questionnaire survey to 30 consignees(IT maintenance, notice printing, call center, welfare center) related to typical tasks of public organizations, present reference for this scheme, and execute verification of this scheme by focus group interview of consignor and consignee.

Right of disposition of cargo and Air waybill (송하인의 운송물 처분청구권과 항공화물운송장)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.177-199
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    • 2015
  • Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.