• 한국항공운항학회지
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• 제27권3호
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• pp.98-105
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• 2019

In the past 30 years, our aviation demand has been growing continuously. As such, the importance of the demand forecasting field is increasing. In this study, the factors influencing Korea's international air demand were selected, and the international air demand was analyzed, forecasted and reviewed through OLS multiple regression analysis. As a result, passenger demand was affected by GDP per capita, oil price and exchange rate, while cargo demand was affected by GDP per capita and private consumption growth rate. In particular, passenger demand was analyzed to be sensitive to temporary external shocks, and cargo demand was more affected by economic variables than temporary external shocks. Demand forecasting, OLS multiple regression analysis, passenger demand, cargo demand, transient external shocks, economic variables.

• 항공우주정책ㆍ법학회지
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• 제1권
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• pp.193-222
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• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

• 무역상무연구
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• 제49권
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• pp.283-324
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• 2011

The purpose of this paper is to research the air waybill and the carrier's liability in respect of the carriage of cargo by air under the Montreal Convention of 1999. The Warsaw Convention for the unification of certain rules for international carriage by air was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975 and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. Under the Montreal Convention, in respect of the carriage of cargo, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three orignal parts. Under the Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. The air waybill is not a document of title or negotiable instrument. Under the Montreal Convention, the air waybill is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of the part of the air waybill. Under the Montreal Convention, the carrier is liable by application of principle of strict liability for the damage sustained during the carriage of cargo by air. The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. Under the Montreal Convention, the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be and void. Under the Montreal Convention, if the carrier proves that the damage was caused by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, the carrier shall be wholly or partly exonerated from ist liability to the claimant to the extent that such negligence or wrongful act or omission caused the damage. Under the Montreal Convention, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention. Under the Montreal Convention, in the case of damage the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and at the latest, within fourteen days from the date of receipt of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the cargo has been placed at his disposal. if no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part. Under the Montreal Convention, the right to damage shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. In conclusion, the Montreal Convention has main outstanding issues with respect to the carrier's liability in respect of the carriage of cargo by air as follows : The amounts of limits of the carrier's liability, the duration of the carrier's liability, and the aviation liability insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• 항공우주정책ㆍ법학회지
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• 제21권2호
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• pp.71-96
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• 2006

본고에서는 국제항공화물운송에 있어서 운송인의 화물의 인도의무와 불법인도에 대한 책임에 관하여 몬트리올 협약, lATA 화물운송약관 및 법원판례를 중심으로 고찰하고자 한다. 몬트리올 협약 제13조에 의하면, 수하인은 화물이 도착지에 도착하였을 때에 운송인에 대하여 채무액을 지급하고 운송의 조건에 따랐을 경우에는 자기에게 화물의 인도를 요구할 수 있는 권리를 가지게 된다. 한편 운송인은 별도의 약정이 없는 한 화물이 도착하자마자 수하인에게 통지를 하여줄 의무가 있다. 몬트리올 협약 제18조에 의하면, 운송인은 화물의 파괴, 분실 또는 훼손으로 인하여 입은 손실에 대하여 그 손해의 원인이 되었던 사실이 항공운송 중에 발생되었다는 것을 유일한 조건으로 하여 책임을 부담하게 된다. 여기서 항공운송이라 함은 그 화물이 운송인의 보관하에 있는 기간을 포함한다. lATA 화물운송약관 제11조에 의하면, 운송인은 화물의 운송 중에 파괴, 멸실, 손상 또는 지연의 경우 입은 손해에 대하여 오직 그렇게 입은 손해의 원인된 사고가 제1조에 정의된 운송 중에 발생한 경우에만 송하인, 수하인 또는 기타인에게 책임을 진다. 여기서 운송이라함은 무상이든 또는 보수를 위한 것이든 간에 항공 또는 기타 운송수단에 의한 화물의 운송을 의미한다. 우리 대법원 판례(2004. 7. 22 선고)에 의하면, 운송인으로서 운송주선인은 보세창고에 입고된 화물이 실수입자에게 불법 인도된 경우에 보세창고를 지정한 자는 운송주선인 이나 그의 운송대리점이 아니라 실수입자이며, 운송주선인은 보세창고업자에 대하여 사용자로서의 지위에 있다고 볼 수 없으므로 보세창고업자의 화물의 무단반출에 대하여 손해배상책임을 지지 아니한다고 판시하였다. 결론적으로 운송인 또는 운송주선인이 항공화물의 불법인도로 인한 손해배상책임을 부담하지 않기 위하여는 항상 회물의 동향이나 상태에 대하여 주의를 기울여 화물이 불법인도 되지 않도록 선량한 관리자로서의 주의를 다하여야 할 것이다. 한편 우리 정부는 이미 발효된 몬트리올 협약에 가입하여 국제항공화물운송인의 권리, 의무 및 책임에 관하여 몬트리올 협약이 적용되도록 하여야 할 것이다.

• 한국통신학회논문지
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• 제35권3B호
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• pp.474-484
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• 2010

본 연구에서는 항공화물 터미널 내에서의 항공화물 관리를 위해 RFID(Radio Frequency Identification, 무선인식)를 기반으로 하는 실시간 모니터링시스템개발을 소개한다. 시스템의 개발에 앞서 필요한 기능을 구현하고 개발 프레임워크를 구성하기 위해 인천공항 화물 터미널을 대상으로 요구사항을 분석하였으며 요구사항 분석에 따라 실시간 관리 기능을 구현하기 위해 RFID 기술에 대한 도입 방안을 연구하였다. RFID 기술의 적용 가능성을 실험하기 위해 인천공항 화물 터미널에서 RFID 장비들에 대한 성능을 실험하였고 예상되는 문제점들에 대한 분석을 위해 동일한 지점에서의 전파환경을 분석하였다. 위의 연구 결과들을 토대로 항공화물에 대한 모니터링 솔루션의 전체적인 시스템 구성은 EPC 네트워크를 기반으로 하였으며 시스템 구현의 유연성 및 확장성을 고려하여 시스템 아키텍처에 비즈니스 모델에 대한 시스템적인 정의를 위한 BPM(Business Process Modeling)솔루션을 도입하고 모니터링 솔루션은 웹 기반으로 개발하였다.

• 무역상무연구
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• 제40권
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• pp.97-144
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• 2008

The purpose of this paper is to review the text of national legislation relating to the carrier's liability in respect of the carriage of passengers, baggage and cargo by air in major states such as United Kingdom, Germany, France, Canada, Russia and China, and to compare the air carrier's liability under the national legislations of above states with them under the Warsaw System relating to the international carriage by air. Also this paper reviews the text of the draft legislation relating to the carrier's liability in respect of the carriage by air in Korea. The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the “Warsaw System”, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. A the Convention, or certain of its principles, with the object of regulating their national air transport. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The principles of the liability of the air carrier under the Montreal Convention have been adopted into national legislations by the United Kingdom, Germany, France, Canada, Russia and China. Now the Ministry of Justice of Korea is proceeding to make a new national legislation relating to the liability of the air carrier in respect of the carriage by air. The draft legislation of the Part VI the Carriage by Air of the Commercial Code of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier in Korea will contribute to settle efficiently the dispute on the carrier's liability in respect of the carriage of passengers, baggage and cargo by air.

• 무역상무연구
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• 제43권
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• pp.337-370
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• 2009

The Joint Cargo Committee of International Underwriting Association of London (IUA) and Lloyd’s Market Association (LMA) have issued the revised version of Institute Cargo Clauses A, B, C, Institute Cargo Clauses (Air) and their accompanying War and Strikes Clauses. The Institute Cargo Clauses ("ICC") were last revised in 1982. Following a two year long consultation process, the latest edition of the ICC clauses became available to the Market on 1st January 2009. The overall result of the amendments to the 1982 ICC has been to create clearer policies that are more favourable to the Assured. Exclusions have also been amended to the advantage of the assured. The Transit Clause has seen a large revision, again more favourable to the Assured. The insurance now attaches within the warehouse or place of storage when the goods are "first moved$\cdots$ for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit" whereas previously the insurance would not attach until the goods left the warehouse. Furthermore, the insurance now terminates on completion of unloading from the vessel at (rather than delivery to) the final warehouse or at a warehouse prior to the destination named in the contract of insurance which the Assured or their employees elect to use either for storage or distribution.

• 기술사
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• 제34권1호
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• pp.14-22
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• 2001

Kimpo International Airport, located within the Seoul metropolitan district, experienced a sudden surge of passengers and cargo in recent years. In 1990, MOCT sponsored feasibility studios and Youngjong Island location was selected as the most suitable choice among four proposed sites to build a new airport. The construction work was then commenced in November 1992. Phase I project facilities are scheduled to start its operation in March 2001 with an annual capacity of 27 million passengers and 1.7 million tons of cargo for both enplaning and deplaning from International liners. Kimpo International Airport will remain in operation primarily for domestic passengers and cargo only. Phase II project construction work will add two more runways with its related facilities by 2005. Inchon International Airport will then conveniently serve 100 million passengers for enplaning and deplaning, and 7 million tons of inbound and outbound cargo annually in its full capacity. All the airport facilities In phase I and phase II periods are constructed to meet international standards. A fully integrated transportation network and logistics function systems should be accomplished prior to the full operation of the airport. With these sccomplishments, the state-of-the-art airport is poised to meet the needs of a rapidly growing worldwide air transport industry, and will more than adequately fulfill its role as a hub airport for the Northeast Asia region.

• 한국항공운항학회지
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• 제28권3호
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• pp.18-26
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• 2020

Cost reduction and equality by exempting re-scanning of passengers, baggage and cargo secured from the first airport of departure, mainly in the European Union/European Economic Area(EU/EEA), Switzerland, etc. One-Stop Security(OSS) is being promoted to maintain the level of security while increasing speed and convenience, and movement is expected to expand worldwide. Therefore, this paper establishes the basic concept of OSS through a literature review of ICAO Standards and Recommended Practices(SARPs), and analyzes the actual conditions of OSS implementation in major countries such as the United States and the EU. It is intended to present the political, economic benefits for Korea and highlight the urgency of implementing the OSS system in the aviation industry including the cargo sector. Therefore, the practical implications of strengthening international cooperation through the expansion of government and airport operators OSS implementation to overcome the resource shortage problem of the existing national air cargo security system and to strengthen the status as a global aviation powerhouse were drawn up. There is academic significance that it raised the need for effective implementation of OSS, which was not previously covered.

• 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.