• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.85-109
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• 2010

L/C provides the exporter and the importer with safe assurance in the exchange of goods for payment in international trade. It involves a number of parties. Although the parties may have confidence in their client, bad faith or ignorance of international banking practice by any of these parties could cause the failure of transaction, which makes international trade a risky business. Most of the risks are found in transport document, which can cause disputes. There are many factors in the risk of transport documents under L/C transaction. One most common risk factor for the beneficiary in all transport documents is even if there is no discrepancy in document, the issuing bank or the applicant refuses to pay or delay payment insisting there is a discrepancy. In some very rare cases, the beneficiary may not get paid due to unfair injunction of the local court of the applicant. For the applicant, most common risk factors are fake bill and fraud. Risks classified according to the sorts of transport documents are as follows. 1. In B/L, payment can be refused because it is regarded as charter party B/L, although there is no real charter party contract. And the applicant can bear the potential risk of the loss or deterioration of cargo through transhipment of the cargo loaded on board in container if transhipment is prohibited without excluding of UCP 600 article 20 (c). 2. In charter party B/L, the applicant may take delivery without paying when charter party B/L is signed by charterer, which can result in a big loss for the beneficiary and the negotiating bank. And risks may arise when cargo is seized because the charterer does not pay the hire. The applicant and the issuing bank are also vulnerable to a risk - Against whom should they file a suit when cargo gets damaged during transportation? 3. In multimodal transport document, which is subject to a conflict because there is a big difference in viewpoints between transport industry and banks, conflicts may also arise when L/C requires ocean B/L and accepts multimodal transport document at the same time, but does not specify the details. 4. In air waybill, where the consignee is not the issuing bank but the applicant, risks may take place to the beneficiary when the applicant takes delivery but refuses to pay asserting minor discrepancies in document. The applicant may also bear the risk when cargo may not be loaded because air waybill is a received bill. Another risk may arise when although the applicant prohibits transhipment without excluding UCP 600 article 23 (c), the cargo may be transhipped, provided that the entire carriage is covered by one and the same air waybill.

• Journal of Navigation and Port Research
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• v.31 no.8
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• pp.733-739
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• 2007

Demand for Sea & Air intermodal transport has increased between north-China costal cities and Incheon since China's international airline network was not established completely. It will be big opportunity for Incheon to be logistics hub of Sea & Air intermodal transport in the north-east Asia, musing large sea-air cargoes to be transferred at the port of Incheon. Therefore, this study aims to propose competitive strategy on Sea & Air intermodal transport system of Incheon. In this analysis results, this paper shows that sea & air cargoes rather from china to U.S. than from China to Europe is very significant, considering geographically for Incheon and is also devote to not only providing high quality services but also activating RFS(Road Feeder Service) system, enlarging toward Shanghai, Weihai, and Yantai.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.40
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• pp.147-167
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• 2008

This paper investigates changing business transaction under the e-commerce environment and their implications on freight transport industry with some case studies. It shows that an efficient and reliable delivery system is essential for e-commerce as business industries are faced with the stricter and more diversified demands of customer. In addition, many aspects of business practices such as small batch, customized production and just-in-time distribution in the e-commerce environment, in turn, bring about a number of changes in the volume and service patterns of freight transport. E-commerce requires longer transport distances and often higher delivery frequencies. It also entails to a certain extent a modal shift towards truck and air freight transport modes. On the one hand, the logistical requirements of e-commerce goods may stimulate greater complexity in existing supply chain management, causing higher costs. However it is true that the increased visibility of goods through more efficient information flow allows more efficient and effective transport management in the logistics system.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.93-125
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• 2011

The International Civil Aviation Convention (Chicago Convention) has been a backbone of international air transport system whereby air transport between States should be based on bilateral agreements, and in particular, international airfares, which are set up through IATA(International Air Transport Association) rate-fixing machinery could be approved by the governments concerned. International airfares are fares for transporting passenger and freight and their conditions between two or more countries. However, since U.S. pursued th deregulation policy in 1978 whereby routes, capacity and fares could be freely determined by airlines, many States have been following so called open-skies agreements. In many cases, aeronautical and competent authorities have been reviewing whether airlines' commercial activities including air fares could possibly conflict with free competition rules envisaged in relevant laws and regulations. As competition among airlines gets intense, airlines often resort to cooperation with other airlines in the forms such as equity exchange, M&A, code-sharing, fares consultation and resource pooling, mainly with a view to effectively use resources available and to avoid monopoly situation resulting from excessive and destructive competition among players. Whereas bearing in mind that application of competition laws is important to secure consumers' interests by preventing airlines's malpractices such as bargaining exorbitant fares, it is also important to comprehensively consider as many factors as possible, from that unilateral measure by governments may bring about retaliatory measures by the governments affected, to that airlines' cooperative practices may rather increase consumers' benefits by lowering air fares.

• The Korean Journal of Air & Space Law and Policy
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• v.7
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• pp.151-175
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• 1995

In recent years, questions have arisen under several forms with respect to the need for adapting present legal order established under the Chicago Convention and relevant customary rules into newly developed environment surrounding the international air transport industry. Major feature of such trends included in opinions for modification of the present legal order might be defined as more liberalistic approach to this industry. In this respect, many scholars and lawyers in this field agree with a view that a theoretical tie between an aircraft/air liners and a register - State lies in political and strategical concern of the State so that each aircraft/air liners has been attributed a single nationality. In the context of such concern, each aircraft/air liners has been related with each register-State in the form of "genuine connection". However, present and near future development of air transport industry and its world - wide market requires some modification of such single nationality regime. Taking into account such circumstances, States as creator of present legal order are in the process of establishing new legal order where air liners with multi - nationality are capable of satisfying to such needs. As adopting a series of liberalization package for air transport industry in european continent, European Union adopts a concept of "community air carrier", by which an air space of each member State is open to each other, especially through the grant of cabotage right. A serious concern may arise in such grant because the Article 7 of the Chicago Convention prohibits such grant on an exclusive basis. While many theoretical opinions have been put forward concerning the interpretation of that article, a case of European Union shall be a good test of the range of its application. It is anticipated that future development around this issue shaH furnish us a major feature of the liberalization of international air transportation and an adaptation process of present legal order.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.21 no.4
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• pp.90-105
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• 2013

As witnessed in September 11 attacks, air terrorism is often the most effective means to achieve their goals, and thereby requires a sophisticated level of security measures. Moreover, considering the nature of air transportation, the prevention of air terrorism demands a wide range of international cooperation and joint efforts such as timely sharing of information related to air terrorism (such as latest terror techniques and list of terrorists) between nations, International Air Transport Association (IATA) and International Civil Aviation Organization (ICAO) As most air terrorism can be effectively prevented through security and search activities in airports, this study has focused on researching security measures and issues in major airports around the world, along with the potential measures to improve them. To achieve this effect, this paper offers solutions to preventing air terrorism by exploring appropriate responses to various type of air terrorism, deployment of advanced security and search equipment, techniques to identify terrorists, R&D on equipments to physically take down terrorists and systematic improvements on airport security search process.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.30 no.4
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• pp.9-22
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• 2022

With the continuous increase in demand for air transport services and the growth of the air transport industry, the International Civil Aviation Organization (ICAO) and its member states are facing social demands to expand the capacity of the air transport system and improve the efficiency of its operation. ICAO developed the concept of Performance Based Navigation (PBN) for the purpose of solving problems related to the function and performance of the navigation system. Member countries established an implementation plan in accordance with the resolutionof the ICAO General Assembly, and South Korea established a Performance-Based Navigation implementation plan in December 2009. This paper evaluates the progress made so far based on Korea's Performance-Based Navigation implementation plan and proposes a development direction for Performance-Based Navigation based on changes in the international environment.

• Korea Trade Review
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• v.47 no.4
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• pp.35-52
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• 2022

Air transport is at the core of global economic growth. There is a close relationship between the flow of regional elements and the growth of the regional economy. It is easy to misestimate the impact of airports on the regional economy without considering spatial spillover effects. This study attempted to establish an asymmetric economic geographical weight matrix by applying the Spatial Durbin Model with cargo volume and passenger numbers as indicators. The influence of spillover effects on the regional economy, including direct spillover effects and indirect spillover effects are studied. The results revealed that passenger numbers and cargo volume have significant positive spillover effects on the regional economy. The driving effect of the airport on the regional economy was considered from a wider space scope. This study contributes to the scientific evaluation of the aviation economy.

• Korea Trade Review
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• v.46 no.5
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• pp.115-130
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• 2021

The main purpose of this study is to analyze the causal relationship between import-export goods and transportation modes. To this end, five major commodity groups were selected from 2010 to 2018 such as Machinery and transport equipment (SITC 7), manufactured goods classified chiefly by material (SITC 6), chemicals and related products, n.e.s. (SITC 5), mineral, fuels, lubricants, and related materials (SITC 3), and miscellaneous manufactured articles (SITC 8). And using the panel VECM, the difference between transportation modes such as ports and airports was compared and analyzed through panel granger causality, Impulse response function, Forecasting error variance decomposition. As a result, it is confirmed that the causal relationship between major product groups and transportation modes showed different causal relationships depending on the characteristics of port and air transportation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.145-168
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• 2018

The purpose of this paper is to introduce the limitation of liabilities of multimodal transport operators(MTO) in Korea. Also, this paper reviews the revised draft of Korean Commercial Code in 2015. This paper analyzes Korean multimodal transport systemand the limitation of liabilities of MTO by analyzing articles, regulations and practices of Korean Commercial Code and it's the draft in 2015. The paper, also, studies multimodal transport rules by comparing specifically international treaty, rules, or practices. In Korea, Article 816 of Commercial Code treats multimodal transportation adopting the network liability regime. The Article describes only the case of the multimodal transportation where the maritime carriage is engaged. Korea proposed the draft of multimodal transport regulation of Commercial Code in 2015 because present law could not apply for the multimodal transportation involved in the air or land carriage. This paper support the draft of Korean Commercial Code in 2015 because it is necessary to make a predictable legal system of multimodal transport and the limitation of liability reflecting practices or customs.