• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.43-77
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• 2010

The development of the aviation industry has exponentially increased the volume of passengers and cargo and gradually expanded the damage scope of all kinds of accidents in the process of transportation. As a result, the need for aviation insurance has accordingly grown bigger and bigger every day. That is why most nations have a law to force mandatory insurance on the aviation industry. However, the Montreal Convention of 1999, which Korea also signed and today has the most extensive effect in the international civil aviation community, offers no clear interpretations about the coverage of aviation insurance along with the Air Transport Business Promotion Act of Korea. The advanced nations of air transport business such as EU, the U. S. A. and Canada prescribe the coverage of aviation insurance and have a law that makes it mandatory for all the passengers and third parties to cover air carrier's liability. EU requires them to include cargo and baggage in scope of coverage, and the U. S. A. and Canada recommend insuring by having a shipper receive a written notice containing information about whether the concerned cargo is insured or not. Making the scope of coverage of aviation insurance clear by law serves several purposes including diversifying risks for air transport companies, providing the victims with enough protection, observing the international accountability required in the air transport industry, and promoting the productive and sustainable growth of the aviation industry. Thus problems with Korea's aviation insurance should be resolved by clearly stating the coverage of aviation insurance that the Korean air carriers and operators need to insure according to the current state of Korea's air transport by consulting the legislations of the advanced nations in air transports. and enacting a law to comprehensively govern Korea's aviation insurance.

• Journal of Korea Trade
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• v.26 no.3
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• pp.117-136
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• 2022

Purpose - Port is vital for international trade accounting for approximately 80% of world cargo transportation in the global trade sector. Air pollutants emitted owing to the related industry interfaces developed around the port spread throughout the dense population region can have harmful effects on the nearby residents. This study aims to analyze high-concentration diffusion pattern by air pollutants, considering the main management periods by air pollutants. Design/methodology - Employing the concentration criteria per main air pollutant, the analyses of concentration change patterns per air pollutant, wind characteristics that directly affected the air pollutant diffusion, distribution types per air pollutant, and high-concentration diffusion patterns by season according to time changes were conducted. Findings - The substances that caused harmful levels of air pollution in the hinterland living zone of the Busan New Port were PM_10, PM_2.5, and NO_2. Furthermore, the intensive management periods were as follows: For PM_10, 24-h (spring), 12:00-16:00 (summer), 12:00-16:00 (summer), 20:00-12:00 (fall), and 24:00-20:00 (winter), and for PM_2.5, 24-h (all four seasons), and for NO_2, 23:00-04:00 (spring), 23:00-08:00 (summer), and 20:00-08:00 (fall), and 23:00-04:00 (winter). Originality/value - Research finding indicates that regular monitoring and countermeasures to reduce air pollution for each air pollutant makes it possible to achieve effective air quality control in the port and hinterland living zones.

• Journal of Environmental Science International
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• v.20 no.5
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• pp.599-610
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• 2011

Emission of air pollutants such as nitrogen oxides ($NO_x$), hydrocarbons (HC), $SO_2$, and particulate matter (PM) and $CO_2$ from ship during 2009 in Busan port was estimated based on activity-based method. The significant fraction (> 50%) of ship emission resulted from container and general cargo ships. Emission at port operation mode was the most dominant compared to at sea and maneuvering modes. Emission at North port was the largest source of air pollutants among ports. The magnitudes of air pollutants $NO_x$, $SO_2$, HC, $CO_2$, and PM in Busan port were $8.7{\times}10^3$, $8.23{\times}10^3$, $0.35{\times}10^3$, $4.86{\times}10^6$, and $0.67{\times}10^3$ ton/yr, respectively. The ratio of $NO_x$ to VOC is about 25. Our ship emission estimate is 2 times higher than that in CAPSS emission inventory.

• The Korean Journal of Air & Space Law and Policy
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• v.12
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• pp.36-65
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• 2000

The Montreal Convention markedly changed the rules governing the international carriage by air of passenger, baggage and cargo. The introduction of a considerable number of modernized major elements including electric ticketing system, the unlimited passenger liability regime and a supplementary (fifth) jurisdiction should help to remove aged scheme that now exists in the Warsaw Convention and other related instruments. The key issue of the electric ticketing system recognized by the Convention IS how to describe reasonably and adequately the terms of written notices, in the light of the principle of consumer protection. Regarding liability regime for passengers, an unlimited passenger liability regime is realized. The carrier, in the first tier, is subject to a strict liability regime of up to 100,000 SDRs, and in the second tire, a regime of presumed fault liability without numerical liability limits. To add to the present four fora, the fifth forum is permitted. Regarding damage resulting the death or injury of a passenger, an action for damages may also be brought in its home territory with the considerably qualified narrow requirements. A strange deviation from the well-established "Procedure for Approval of Draft Convention" carried out by the Legal Committee left a considerable number of unrefined and incomplete passages. In the near future, their modification should be required.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.31 no.4
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• pp.126-132
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• 2023

During the COVID-19 pandemic, there have been many changes in the aviation industry as a whole. Passenger traffic has decreased, but on the contrary, the international transport demand for cargo planes has never been higher. Due to their geopolitical location when flying to major cities around the world, Korea's international pilots are bound to have relatively more jet lag-causing routes than their American or European-based pilots. Through this study, we tried to analyze the degree of fatigue and fatigue weighting factors according to operating conditions for domestic pilots. As a result of the study, the following conclusions were drawn. Despite the variety of models, routes, and fatigue between individuals, it was found that the 3 Pilot operation route was concentrated as a representative fatigue route. Most of the individual fatigue improvement request sections showed higher fatigue as the night flight section was longer among the 3Pilot routes for more than 12 hours, and 43 out of 90 participants (Korean Air pilots) focused on 3Pilot (two captains and one pilot) as fatigue-intensive operating conditions. Therefore, it proposes an improvement in the system of applying 12-hour unification standards according to Korea's geopolitical international operating conditions and time difference standards.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.33-66
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• 2017

The Korean government enacted the Chapter 6 as of Air Transportation to the Korean Commercial Act, which was enforced in 2011, in order to treat some arguments occurred from air transportation Contracts since air transportations has rapidly increased in Korea. Air transportations has been used more in the field of international market than in the field of domestic market under it's own characteristic. Therefore, many international agreements and protocols related to the air transportations has been appeared from old times and the 1999 Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal Convention") is one of them. The Montreal Convention was adopted in May 28, 1999 at International Conference of Air Law hosted by the International Civil Aviation Organization ("ICAO") in Montreal, Canada where the Headquarter of ICAO is located. The Montreal Convention has been effected from September 5, 2003 and the Korean government ratified the convention in 2007. Therefore, the Montreal Convention came in to force in Korea since 2007. This year, 2017, is the 10th anniversary year since the Montreal Convention has taken effect in Korea. However, there are rare cases that argued the Montreal Convention's scope of application and this Article examines the Korean Supreme Court's case that argued the Convention's scope of application. Thus the Article basically analyzes the case from the perspective of the Montreal Convention's scope of application and examines the Montreal Convention's articles related to the air carrier's liability and extent of compensation for damage that occurred from the international carriage by air. Also this Article analyzes the Korean Commercial Act Chapter 6, which regulated the air carrier's liability and the Article tries to make a comparison between the Montreal Convention and the Korean Commercial Act in order to draw some scheme for the betterment of Korean Commercial Act. It is the hope that the Article contribute to the improvement of Korean Commercial Act through the comparison with the chance of the 10th Anniversary of the Montreal Convention in Korea.

• 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.23 no.2
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• pp.3-29
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• 2008

The volume of air passengers and cargo transportation has increased rapidly in recent years. This trend will be even more noticeable as the high-tech service industry expands and the globalization progresses. In an effort to reflect and to cope with this trend, many conventions concerning international air transportation have been concluded. The Republic of Korea has also acceded to the Montreal Convention of 1999 on September 20th, 2007 which became effective on December 29th 2007. However, Korea currently does not provide any private law on the liability of domestic air carrier, leaving the regulation wholly to the general conditions of carriage of private air lines. These general conditions of carriage, however, are not sufficient to regulate the liabilities of domestic air carriers, because they cannot be fully recognized as a legitimate source of law applicable in the court. This situation is inconvenient for both air carrier and their customers. Thus, the Ministry of Justice of Korea has decided to enact a law that will regulate domestic air transportation, namely, "Domestic Carriage by Air Act", as a part of the Korean Commercial Code. So was composed a special committee for legislation of the Domestic Carriage by Air Act. This writer has led the committee as a chairman. The committee has held in total 10 meetings so far and has completed a draft bill for the part VI of the Korean Commercial Code, "Air Carriage." The essentials of the draft are as follows: First, the establishment of Part VI in the Commercial Code. The Korean Commercial Code already includes a series of provisions on road transportation in part II and carriage by sea in part V. In addition to these rules regulating different types of transportation, the Domestic Carriage by Air Act will newly establish part VI to regulate air carriages. Eventually, the Commercial Code will provide an integrated legal system on the transportation industry. Second, the acceptance of the basic liability system which major international conventions, such as Montreal Convention of 1999 and Guadalajara Convention of 1961, have adopted. This is very important, because the law of air carriage is unified worldwide through various international conventions, making it necessary and significant for the new act to achieve conformity between rules of international air carriage and that of domestic air carriage. Third, the acceptance of Rome Convention system on damage caused by foreign aircraft to third parties on the surface. Fourth, the application of rules on domestic road carriage or carriage by sea mutatis mutandis with necessary modifications. This very point is the merit of inserting domestic air transportation law into the Commercial Code. By doing so, the number of articles can be reduced and the rules on air carriage can conform to that of road transportation and carriage by sea. The bill is expected to be passed by the parliament at the end of this year and is expected to be effective by end of July 2009.

• Journal of Korea Port Economic Association
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• v.23 no.1
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• pp.95-113
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• 2007

Recently, International institution such as IMO and major maritime countries have introduced various regulations and steps to reduce port pollution. However, recognition of environmental pollution from ports is not sufficient for Korean policy makers and port communities. The purpose of this paper is to examine solutions to port pollution problems and suggests some implications to Korean ports to become a green port. To this aim, necessity of regulation on environmental pollution from port operation; literature survey on port's environmental pollution; current conditions of international port pollution; various regulations and policies governing major ports are conducted in this paper. Our main findings are as follows; first, air pollution from ship can be reduced by providing electric power at docks while at berth, Second, in case of cargo-handling equipment, retire old equipment and switch to cleaner fuel such as low-sulfur fuel and diesel emulsions. Third, offering incentives for the installation of pollution controls and minimizing idling by enforcing idling limits or by installing idle shutoff controls can be recommended for reduction of air pollution of truck and rail at ports.

• Journal of Korea Port Economic Association
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• v.24 no.1
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• pp.23-39
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• 2008

This paper outlines a plan to promote South Jeonnam region's logistics capability in connection with the regional logistics bases such as Gwangyang Port, Jangseong Integrated Freight Terminal, Mokpo Port and Muan International Airport. The capability of regional innovation bodies, and industrial innovation generally, needs to be improved by establishing a systematic regional innovation plan. Smaller import and export logistics bases, presently scattered in downtown Gwangju and its suburban area, need to be integrated as soon as possible, in advance of the completion of a traffic network connecting all of the triangle logistics bases. Moreover, plans to develop Muan International Airport to the status of a hub airport need to be established, and its function as an air freight terminal should be strengthened. Gwangyang Port and Mokpo Port should be developed as Korea's key harbors with international logistics bases the two ports, presently conducting simple cargo work, should be transformed into general logistics ports conducting logistics, assembling, trading, and international business by developing their surrounding areas.