• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.367-418
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• 2018

Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

• Journal of Distribution Science
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• v.12 no.10
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• pp.47-56
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• 2014

Purpose - This study aims to eradicate and halt the continuous life cycle of corruption. Only when ethical management policies are implemented can the business ethics system be effective and transparent. Research design, data, and methodology - The analyses and legislative measures designed by these organizations and countries were based on solid research, uncovered during my visits and interviews conducted with businessmen in those countries. Results - The main focus of in this study is as follows: First, to introduce the programs of UN, OECD, OAS, USA, and Asian countries noted for business ethics and transparency policies; Second, to define each function and problem of these countries' anti-corruption systems, including the U.S. federal government, and to examine Chinese trends. Conclusions - Ethical managements are necessary to improve business ethics. This study suggests four related areas for the purpose of discouraging bribery and corruption; these are improving global corporate governance standards, increasing financial transparency, improving good governance in the public service of the OECD member countries, and focusing on not only the supply side but also the demand side of the corruption market.

• Management & Information Systems Review
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• v.34 no.2
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• pp.171-191
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• 2015

This study is about the exhibition and convention visitors' satisfaction level and the participating companies' perception on the performance. The two topics were approached with integrated model. Accordingly, this study examined how service quality and experiential quality affect exhibition and convention visitors' satisfaction level and the participating companies' perception on the performance, and how the correlation between exhibition and convention visitors' satisfaction level and the participating companies' perception on the performance is affected. The result demonstrates that the quality of experience exerts positive effect on the visitors' sense of satisfaction(Hypothesis 3), while service quality is not statistically significant when it comes to the visitors' satisfaction(Hypothesis 1). When the correlation between service quality and experiential quality, and the participating companies' perception on the performance is examined, service quality exerts positive effect on the participating companies' perception on the performance(Hypothesis 2), while experiential quality is not statistically significant on the participating companies' perception on the performance(Hypothesis 4), When the correlation between exhibition and convention visitors' satisfaction level and the participating companies' perception on the performance is examined, it was shown that positive effect is exerted just like the results of the previous studies(Hypothesis 5), lastly, correlation between participating companies' perception on the performance, companies' satisfaction and company loyalty was examined. In case of the participating companies' perception on the performance, it exerts positive effect on the companies' satisfaction(Hypothesis 6), while company loyalty is not statistically significant (Hypothesis 7). In case of companies' satisfaction, it exerts positive effect on the company loyalty (Hypothesis 8). The results of this study will provide help to increase overall understanding of the exhibition and convention visitors' satisfaction level and the participating companies' perception on the performance, and to provide important implications for the development of strategy for exhibition and convention's vitalization.

• Management & Information Systems Review
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• v.31 no.2
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• pp.253-272
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• 2012

One of the fastest growing sectors in tourism industry is the use of applications from the MICE industry in various parts including business, politics, and cultural exchange due to globalization among the countries. The means-end chain theory suggests that convention participants perceive and judge convention destination as the means to achieving a desired end-state in a given destination selection situation. This study aims at establishing a convention destination's attributes, the benefits of consequences of using it, and the personal values it satisfies. A laddering interview was conducting in order to provide in-depth probing and to elicit responses from 96 visitors. This study presents the unique pyramid-structure of the means-end chain; a model linking perceived convention destination attributes to values. Understanding these concepts provides opportunities for convention destinations to target market segmentation and advertising based on the participants' desired end-states. In conclusion, the major correlations of attributions of the visitors, consequences, and the values are; informativeness(A), activity(A), tourist attraction(A) - sympathy(C), human relations(C) - self-development(V), and fellowship(V).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.61-104
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• 2010

The purpose of this work aims to analyse the principles of good faith under international transaction with CLOUT and UNILEX cases. Article 7(1) CISG sets the stage for the interpretation by promoting a uniform approach using good faith and the international charter of the convention. In other words, article 7(1) defines the purpose and the principle of interpretation and is applied to the Convention as a whole. As such, it also includes article 7(2), which goes beyond the big picture and settles the problems of gap filling. It is also important to understanding that the mandate of the CISG is to look for a solution, which is not only restricted to interpretation but extends to solving a problem. The problem in this work is to find out how gap filling is achieved and, because of the autonomous mandate of interpretation, to explain and understand its relationship with domestic law. The solution to the interpretation of article 7(2) must be found within the four corners of the CISG. To restate, article 7(2) describes two situations where gap filling is needed. First, if the matter is governed by the Convention but not expressly settled, then a gap must be filled in conformity with general principles on which it is based. Second, if the matter is not covered then the gap must be filled taking domestic law into consideration. There are two reasons why a matter may not be covered by the Convention. First and most obviously, it has been specifically exclude from the sphere of Application by the CISG itself, such as validity in article 4. Second, changes in business methods will lead to gaps. The United Nations has established a service known as CLOUT. This contains abstracts of hundreds of selected decisions of both courts and arbitration tribunals. And UNILEX is cosponsored by the Italian Centre for Comparative and Foreign Law Studies and UNIDROIT Contract Principles. The cases are in abstract format, but, when available, the full text of the case in the original language is also supplied.

• Journal of Navigation and Port Research
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• v.34 no.6
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• pp.459-470
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• 2010

It is necessary to prepare a plan to accommodate the International Convention in domestic law, focusing on the new duties for the Coast Guard as they pertain to the field of ship recycling, by studying the key issue of the "HONG KONG International Convention for the Safe and Environmentally Sound Recycling of Ships" of the International Maritime Organization(IMO) and through analyzing the current status of the Coast Guard. The Coast Guard is directly responsible for the protection of the marine environment and takes charge of important duties; Therefore, by instituting a legal basis for its new duties, it will not only create new business but also be able to consolidate its role as an important constituent in the sphere of marine conservation and protection.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.279-310
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• 2015

The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.155-219
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• 2004

This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.31-66
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• 2008

Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

• International Commerce and Information Review
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• v.10 no.4
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• pp.125-151
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• 2008

Website service quality is widely accepted as one of the key determinants of online business success. Several studies identified key factors that determine the website service quality factors appropriate for online business environments. A convention and visitors bureau (CVB) website is a service portal that delivers information online about a destination so users can develop an overall image of the location. CVBs struggle to deliver positive destination images because the competition among destinations to host conventions is intense. In spite of the important role of CVBs and the beneficial spillover effect of CVBs, there are few studies available reporting on the unique service qualities of a CVB website. The primary purpose of this study was to examine the determining factors that are appropriate for CVB websites from the meeting planners' perspective. The research questions arc: What are the determining factors of service quality of a CVB website? Do the determining factors of CVB website service quality positively influence meeting planners' satisfaction? The new conceptual framework was developed from a variety of destination marketing and Internet marketing concepts: e-servicescape management, web community network, Internet service encounter management, and online system quality. Empirical results indicate that three of the four factors, that is, e-servicescape, web community network, and online system quality are important determinants in evaluating CVB website service quality. The findings also show that three determinants have significant and positive influence on meeting planners' satisfaction. The findings from this study will provide meaningful advice for CVB website quality management. To enhance the CVB website service quality and satisfaction level of meeting planners, these three determinants' should be considered of the utmost strategic importance and priority.