• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.24
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• pp.73-104
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• 2004

This paper intends to prevent dangerous goods shipments from compromising safety, and to minimize the risks to life and property inherent in air transport of dangerous goods. For this purpose, this paper reviews the changes of international standards for the international air transport of dangerous goods, and recommends the methods for improving the management system for the air transport of dangerous goods. As for the research methodology, this paper reviews the current regulations of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods, IATA Dangerous Goods Regulations, and national regulations governing the air transport of dangerous goods in Korea. As the results of this paper, it is anticipated that the national regulations for shipping dangerous goods by air will be detailed, and compliance with the regulations will be enforced. In conclusion, ensuring the safe transport of dangerous goods by air is a shared responsibility of the government authorities, carriers and shippers.

• The Korean Journal of Air & Space Law and Policy
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• v.7
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• pp.135-150
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• 1995

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.7-35
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• 1992

The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.371-388
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• 2016

International air transport for cargo services is a facilitator for various trade sectors and, by itself, an important service industry. Although international air cargo industry is expected to grow continuously, industry stakeholders complain about legal constraints in the industry and demand more liberalized regime. From its birth at the beginning of the 20th century, the airline industry was tightly regulated by governments with a strong tradition of protectionism. In the past few decades, however, protectionism in the airline industry has steadily declined. Indeed, the airline industry is largely in the process of liberalization. Interestingly, it has been easier to liberalize air cargo service than passenger service. Indeed, states have traditionally shown far more willingness to provide market access for foreign carriers carrying cargo than passengers. Given the impact of air cargo service in a state's wider economy and own characteristics of cargo services (i.e. air cargo traffic is inherently one-way, unlike passenger traffic, which tends to involve round trips), more liberalized approach is necessary for air cargo services. Among three approaches: bilateral, regional (block-based) and multilateral, it is desirable to adopt a multilateral treaty (a new multilateral all-cargo agreement) so as to harmonize and simplify complicated trade regulations on air cargo services.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.3-34
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• 2018

Korea's air transport industry has a 70-year history since Korea National Airline was establishment in October 1948. Korea has 9 airlines which have international air transport business licenses, and as of 2017, air transport performance(Domestic & International) is ranked 8th in the world. Through analysis of Korea's air transport industry, this paper examines the essential problems of the domestic air transport industry and what policies and laws should be supplemented, and presents an "Policy Directions for the Air Transport Industry" that can continue to grow into a global aviation leading country in the future. Analysis of aviation statistics shows that the nation's air transport industry has a very high growth rate, and national airlines continue to invest in sustainable growth. Furthermore, new companies are also trying to enter the market. As of November 2018, four companies applied for licenses for international air transport business, one for international air transport business (cargo) license, and the Ministry of Land, Infrastructure and Transport is expected to decide whether to issue the license by first quarter of 2019. While some expect price reductions and consumer benefits through competition promotion, others worry about worsening airline financial structures and reducing safety investment due to competition. To sum up the problems of the nation's air transport industry, first, low-cost airlines focus only on attracting domestic demand, and thus have a weak foundation for continued growth. Second, the rapid growth in recent years has led to the lack of aviation professionals such as pilots and technicians and the saturation of slots at major airports. Third, since the financial soundness of airlines is not systematically managed, the financial situation of airlines can quickly deteriorate and the damage can be attributed to consumers. In order for the national airlines to continue to develop, the first is to focus on the endless demand of the global aviation market and to secure international competitiveness. Second, the government should support the airline infrastructure according to the size of the air transport industry, third, we will systematically nurture aviation experts who will lead the future of the nation's air transport industry, and finally, the government will have to continuously manage the financial status of airlines to prevent consumer damage in advance. Nowadays the air transport industry has become very competitive. Not only do airlines have to work hard for the sustainable development of national airlines, but all government agencies must support our airline companies in policy to win international competition.

• The Korean Journal of Air & Space Law and Policy
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• v.8
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• pp.97-131
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• 1996

• Journal of the Korean Society for Aviation and Aeronautics
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• v.21 no.3
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• pp.55-64
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• 2013

As the price competition between airlines became increasingly intensified, due to increased participation of low-cost carriers in the air transport industry and the continued deregulation of international air transport, each airline has introduced various management techniques for securing international competitiveness and operational efficiency in order to cope with the uncertainty in air transport industry. The world leading LCCs, such as Ryan air, easyJet and Southwest, have changed their traditional business models by increasing operation to primary airports, diversifying operating routes, making strategic alliances with FSCs or other LCCs, increasing the operations on the mid or long distance routes, expanding ancillary revenues, etc. As Korea's air transport industry is confronting with intense competition, our LCCs are requested to adjust to this new challenging situation. As the world leading LCCs did, Korean LCCs are recommended to adopt new business models such as restructuring of the air transport industry through M&A, operating more flexibly in terms of frequency or route, launching of services to primary airports, making strategic alliances with foreign FSCs, developing of 4th or 6th traffic demands, etc.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.201-238
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• 2009

The purpose of this paper is to describe the contents and issues of the draft legislation of Part VI the Carriage by Air of Korean Commercial Code in respect of the domestic carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999 for the unification of certain rules for international carriage by air and the related provisions of Korean Commercial Code in respect of the carriage by land and sea. 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 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 liability of the carrier, the rights of the consignor and consignee, the transport document and others. In respect of the carriage of cargo by air, the issues on the draft legislation of Part VI the Carriage by Air are the problems with respect to the extinguishment of the liability of the carrier, the application for the non-contractual claim, the liability limit of the servants or agents of the carrier, the right of disposition of cargo, the effect of breach of the provision in respect of the air transport document, the prescription of claim of the carrier, the immunity reasons from liability of the carrier for the loss or damage of the cargo, the making out of the air waybill, and the effect of the statement of the air transport document. In conclusion, the national legislation of Part VI the Carriage by Air of the Korean Commercial Code will protect the right and interest of the consignor and consignee, and clarify the right and duty of the parties to the air transport. Also it will contribute to the development of the air transport industry in Korea.

• Journal of Korea Port Economic Association
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• v.23 no.2
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• pp.25-40
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• 2007

The sea/air intermodal transport is a time-saving and cost-saving transport for cargo shipments. In reaction to a recent growth of high value-added products in China, the volume of sea/air intermodal transport in Korean airport has been increasing continuously. This paper treats the situation, the system, and the possibility of sea/air intermodal transport, which are emerging as an alternative to solve the logistics problem related to the increase of international air cargo demand in China. Also, several strategies are considered to develope Korea into intermodal transport hub including the value added logistics activity which will secure the demand of sea/air intermodal transport.

• Journal of Korea Port Economic Association
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• v.22 no.3
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• pp.189-207
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• 2006

As the development of Northeast Asian logistics hub becomes one of the national agenda for further development, the sea&Air transport around the Yellow Sea regions has drawn attention of many scholars and government officials. The Sea&air transport is a mode of transportation combining the advantage of high-speed in air transport with the advantage of low-price in sea transport. Hence the sea&air aims at a niche market between air and sea. This paper reviews the possibility of development of the sea&air transport in the aspects of competitiveness over other modes, future demand condition, and the change of the technology and transport environment. The result is that the sea&air is competitive in the aspect of time as well as cost, and sustainable in the aspect of future demand condition. But, it is not stable in the aspect of the conditions of technology or transport demand. Especially, the progress of air transport technology which is aiming at the door-to-door transport among mid- and small- cities, and the rapidly increasing strategic alliances of international airlines with Chinese airlines for the market of China will undermine the stability of the sea&air transport seriously As alternatives, this paper proposes the 3-stage development strategy of sea&air transport. First, at the stage of transshipement, the development of high speed vessels to reduce the time crossing the Yellow Sea and the proactive marketing strategy to induce Chinese-owned products should be emphasized. Second, the value added logistics activity which will secure the demand of the sea&air transport should be developed. Third, demand creation by developing the SCM hub in Incheon is final goal for the logistics hub strategy as well as the sea&air transport.