• 무역상무연구
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• 제45권
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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.

• 한국항해항만학회지
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• 제31권8호
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• pp.733-739
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• 2007

현재 중국의 경우 산업발전은 매우 빠르게 이루어지고 있으나 아직까지 인프라 시설이 구비되어 있지 않아 수요와 공급의 불균형을 이루고 있다. 그러므로 중국자체로는 매년 넘쳐나는 미주 또는 구주 발 총국동북부 지역의 항공물동량을 모두 처리하기 어려운 실정이며 이는 우리나라가 해공복합운송 거점으로서 위상을 확립할 수 있는 좋은 기회가 될 것이다. 이에 본 연구에서는 해공복합운송과 항공운송의 노선별 시뮬레이션 평가를 통해 경쟁력 수준을 평가하고 향후 화물유치를 위한 나아가야 할 방향 등을 제시하였다. 첫째 향후 해공복합운송의 물량을 확보하기 위해서는 지리적으로 유리할 뿐만 아니라 본 연구의 시뮬레이션 분석에서도 도출되었듯이 중국발 미주착 부분에 더욱 집중적으로 관심을 가지고 비즈니스 모델을 창출하여야 할 것이다. 둘째, 해공복합운송의 주요 요인은 비용보다도 서비스에 의한 인지도 부분이나 전체적으로 걸리는 시간에 의하여 결정되는 것으로 나타났으므로 고객의 니즈에 맞는 서비스를 개발하고 이를 지속적으로 제공하여 해공복합운송에 대한 인지도 향상과 아울러 현재 추진 중인 청도와의 RFS(Road Feeder Service)시스템을 주요 해공복합운송의 출발항인 상해, 위해, 연태지역으로 확대하여 추진할 필요가 있을 것이다.

• 무역상무연구
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• 제40권
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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.

• 항공우주정책ㆍ법학회지
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• 제26권1호
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• pp.93-125
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• 2011

제2차 세계대전 이후 국제항공체제의 근간이 되는 1944년의 시카고협약에 의하면 국가 간 항공 운송은 양자협상체제로 규율되며, 특히 운임은 IATA의 운임설정기구를 통한 항공사간 협의와 관련국 정부의 인가로 운영되고 있다. 항공 운임은 여객, 수하물 및 우편물을 제외한 화물의 운송에 대해 부과되는 가격과 그 가격의 가용성 및 사용을 지배하는 조건이다. 전통적인 양자협정이 질서 있고 원만한 항공 시장의 발전에 주안점을 두고 있는 반면 자유화협정 체제는 운임의 자유 경쟁을 비롯하여 가능한 한 모든 규제를 철폐하고 있다. 또한 EU를 비롯한 지역적인 블록은 역내 항공자유화를 추구하고 있다. 한편 자유화와는 별개로 전 세계적인 차원에서 자원의 효율적인 활용과 파괴적인 경쟁으로 초래되는 시장의 독과점 상태를 방지하기 위하여 항공사간 다양한 형태의 협력(합병 및 인수, 공동 운항, 운임협의, CRS, 지상조업 등)이 추구되고 있다. 이들 자유화를 지향하는 국가에서는 항공 운임을 포함한 항공사간 협력이 경쟁을 저해함으로써 소비자 후생에 반하는지 여부를 판단하여 반독점 면제(antitrust immunity)를 부여할 것인가를 결정하고 있다. 운임을 비롯한 항공사간 협력이 항공사간 공정한 경쟁을 유지하고 소비자 이익을 증진할 경우 반독점 면제를 부여하고 있다. 면제의 허용 여부는 관련 국가와의 원만한 관계 등을 종합적으로 고려하여 신중하게 결정하여야 한다.

• 항공우주정책ㆍ법학회지
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• 제7권
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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.

• 한국항공운항학회지
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• 제21권4호
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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.

• 한국항공운항학회지
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• 제30권4호
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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.

• 무역학회지
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• 제47권4호
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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.

• 무역학회지
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• 제46권5호
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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.

• 무역상무연구
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• 제77권
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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.