• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.19-45
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• 2009

The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.

• Journal of Korean Historical Folklife
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• no.52
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• pp.7-46
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• 2017

The elderly in the Joseon Dynasty consistently attracted attention from the national herb as objects of social respect. Based on the Confucian ideology, the old man was considered to be a receiving body, since he was a person with complete character as a man. The elderly, who have the character of being a slave, transcended their status, and both the souls and the people were transcended beyond their identities and attributes and became objects of respect. The perception of the elderly is divided by age. The persons who are 50 years old and start to be in physical decline were regarded as senior citizens. However, this was just mentioned as an inflection point between the prime of manhood and senior citizens and was not defined as the elderly. As a public duty called a national work ends when they are 60 years old, the age is truly the lowest limit of senior citizens who are applicable to all the social beings. However, because their public duties end when they are 60 years old and they were regarded as general members of society, special benefits were not granted to them. In the caste system and bureaucratic society, senior citizens' treatment were differently done by age. For the senior citizens who are 70 years old, various benefits were just granted to high government officials. Bokho(復戶) and Seojeong were first given to them. And the retirement age of government officials was not specially set. It was done in the way to treat Jonno with exceptional respect by Chisa(致仕: regular retirement). It is the most respectful treatment given to high government officials and ministers. For the senior citizens who are 80 years old, Yangnoyeon(養老宴) was held for both of Yangmin and Cheonmin as an measure to treat them considerately. In addition, official ranks(官品) with social value were allowed by giving them Noinjik (老人職). Official ranks given to Seoin and Cheonin were the best Jonno(尊老) policy. However, the Jonno policy related to senior citizens was different according to position and official ranks as follows: Kings were subjected to social treatment when they were 60 years old. High government officials and royal relatives of the senior grade of the second court rank were subjected to social treatment when they were 70 years old. And general Seoin and slaves were subjected to social treatment when they were respectively 80 and 90 years old. Senior citizens were individually supported. However, social value was granted because the nation supervised it. As Bokho and Sijeong were assigned according to position and official ranks and kinds of things were different, the social limit was clearly shown. Social order was put above the ideology called Jonno thought. However, Jonno acts by age and position did not stay at the individual level and the nation took care of the senior citizens who are the members of society in various ways based on Jonno thought. Society tried to take care of the senior citizens who had difficulties in their activities because of being in physical decline. The nation increased the existence value of the senior citizens by giving things(賜物) including chairs, rice, meat, and ice economically, exoneration(免罪), the reduction system, and wergild legally, and Noinjik called Gaja(加資) socially to them and changing them to the members of society. Yangnoyeon and Gaja held targeting people of every class by transcending position and official ranks make the point that the senior citizens who are more than 80 years old are subject to social jonno clear. That is, the senior citizens were subject to respect for the elderly as the persons who were socially respected transcending their position when they got to be 80 years old.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.12 no.3
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• pp.41-63
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• 2004

The area covered by product liability in broadest sense is so vast that an attempt to analyse all its impact on the aviation world risk. Every effort has been made to confine our review of subject a closely as possible to its influence on aircraft manufacturers, airlines and passengers, in spite of strong connections with other spheres of commercial. Product Liability in aviation is the liability of aircraft's manufacturer, processor or non-manufacturing seller for injury to the person or property of a buyer or third party caused by a product which has been sold. Here-in a product is aircraft, third party is passengers who suffered damage by defective design, defective construction, inadequate instructions for handling in aircraft. Whenever a product turns out to be defective after it has been sold, there are under Anglo-American law three remedies available against the aircraft's manufacturer (1) liability for negligence (2) breach of warranty (3) strict liability in tort. There are Under continental law Three remedies available against the aircraft's manufacturer (1) liability for defective warranty (2) liability for non-fulfillment of obligation (3) liability in tort. It is worth pointing out here an action for breach of warranty or for defective warranty, for non-fulfillment of obligation is available only to direct purchaser on the basis of his contract with the aircraft's manufacturer, which of course weakness its range and effectiveness. An action for tort offers the advantage of being available also to third parties who have acquired the defective product at a later stage. In tort, obligations are constituted not only by contract, but also by stature and common law. In conclusion, There in no difference in principle of law. In conclusion I would like to make few suggestions regarding the product liability for aircraft's manufacturer. Firstly, current general product liability code does not specify whether government offices(e.g. FAA) inspector conducted the inspection and auditory certificate can qualify as conclusive legal evidence. These need to be clarified. Secondly, because Korea is gaining potential of becoming aircraft's manufacturer through co-manufacturing and subcontracting-manufacturing with the US and independent production, there needs legislation that can harmonize the protection of both aircraft's manufacturers and their injured parties. Since Korea is in primary stage of aviation industry, considerate policy cannot be overlooked for its protection and promotion. Thirdly, because aircraft manufacturers are risking restitution like air-carriers whose scope of restitution have widened to strict and unlimited liability, there needs importation of mandatory liability insurance and national warranty into the product liability for aircraft's manufacturers. Fourthly, there needs domestic legislation of air transportation law that clearly regulates overall legal relationship in air transportation such as carrier & aircraft manufacturer's liability, and aviation insurance.