• 무역상무연구
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• 제19권
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• pp.96-118
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• 2003

Government tries to revise the article 25 in Korea Maritime Transport Act which describes subject of coastal carriage for exported-imported container cargoes. The subject of coastal carriage will be replaced coastal carrier by ocean liner carrier according to the revised article 25. By adopting the revised article, coastal shipping industry will be deteriorated in terms of returns on investment, sales and etc. Even though the revision is inevitable to harmonize the flow of exported-imported container cargo movement, coastal shipping industry should be developed and restructured to get competitive power and to set up an efficient international logistics system. To enhance competitive power of coastal shipping companies successfully, government must realize the importance of coastal shipping, and aid the industry through various methods such as arrangement of law and regulation, indirected financial assistance, decrease of tax rate, etc.

• 무역상무연구
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• 제14권
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• pp.7-35
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• 2000

The purpose of this paper is to examine the meanings of delivery of each trade term in INCOTERMS 2000, to investigate various kinds of transport document as a proof of delivery, and finally to find their problems. As a result of examination, following problems are considered to happen practically. First, a multimodal transport document referred in FOB term seems to be unappropriate because FOB term can be used in sea or inland waterway transport. Second, Assuming resale in transit in CFR or CIF term, non-negotiable Sea Waybill seems to be inappropriate. Third, As Sea Waybill is not a document of title, it can not be a security when the bank negotiate seller's draft. Fourth, INCOTERMS 2000 deleted the reference to charter party in CFR or CIF term. This deletion may raise any legal problems for the liabilities of carrier when the contradictions happen between the charter party B/L and charter party. Finally, if CFR or CIF means symbolic delivery, other documents besides B/L can not be a symbols of goods.

• 무역상무연구
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• 제69권
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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.

• 항공우주정책ㆍ법학회지
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• 제23권1호
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• 무역상무연구
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• 제48권
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• pp.57-76
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• 2010

This study reviews maritime transport policy regarding liner conference and the changes in the liner market over the decades. Liner shipping industry has long been protected from competition by block exemption. To prevent excessive competition in punctual operation and its inelastic market structure, liner shipping companies formed conferences that are protected to fix the prices under the law. In the US, deregulation in transport sector began from 80's and continuing with OSRA 1998, conferences were dissolving. On the other hand, the EU with close conference system, Regulation 4056/86 contained block exemption remained in force for unlimited time without review clause. However, in Oct 2008, the EU has announced its removal, and conferences were no longer permitted to fix the price nor exchange information. Although OSRA 1998 has already broken up conferences by allowing individual service contracts, but the repeal of the immunity for price fixing will alter significantly the rule on cooperation in the industry since it is a unilateral move by the EU, especially in transatlantic lane. There are rapid changes in shipping market getting much more complicated, and with removal of 4056/86 allowing the market to be more competitive, opening up the industry with far more diverse strategic options. Hence this paper reviews on liner shipping industry and its changes of policies over the years from protected market to open competition market of today.

• 무역상무연구
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• 제51권
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• pp.285-313
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• 2011

There can be analyzed severally on the acceptance conditions of freight forwarder's transport document under UCP. First, Bills of Lading issued by forwarding agents will be refused. This can be seen in the article 20 of 1933 Revision UCP(Brochure 82) and the article 20 of 1951 Revision UCP(Brochure 151). Second, Unless specifically authorized in the credit, Bills of Lading issued by forwarding agent will be rejected. It is prescribed in the front part (a) of article 17 of 1962 Revision UCP(Brochure 222) and the article 19 of 1974 Revision UCP(Publication No. 290). Third, Acceptance conditions are different according to the type of transport documents, that is either Bill of Lading or not. It is prescribed in the art 25 and article 26 of 1983 Revision UCP. Unless otherwise stipulated in the credit, transport document issued by a freight forwarder will be rejected unless it is the FIATA Combined Transport Bill of Lading approved by the International Chamber of Commerce or otherwise indicates that it is issued by a freight forwarder acting as a carrier or agent of a named carrier. On the other hand, unless otherwise stipulated in the credit, marine bill of lading issued by a freight forwarder will be rejected, unless it indicates that it is issued by such freight forwarder acting as a carrier, or as the agent of a named carrier. Fourth, transport documents issued by a freight forwarder will be accepted. This can be found in the article 30 of 1993 Revision UCP(ICC Publication No. 500) and the article 14 l of 2007 Revision UCP(ICC Publication No. 600). According to the former unless otherwise authorized in the Credit, transport document issued by a freight forwarder will only be accepted if it is appears on its face to indicate the name of the freight forwarder as a carrier or multimodal transport operator or its agent. The latter prescribed that a transport document will be accepted if it is issued by a freight forwarder by a agent of carrier or freight forwarder itself.

• 무역상무연구
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• 제47권
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• pp.49-78
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• 2010

The seller has to deliver goods and hand over documents as required by the contract. It is very important that ownership of goods shall be transferred by the documents from the seller to the buyer. Where terms of payments is made under documentary payment such as negotiable order Bill of lading or any transport documents for symbolic delivery of goods shall be more important between the parties concerned. The buyer may withdraw or cancel the contract where the buyer accept the foul Bill of Lading and demand damages where the buyer accept the other documents which are not in accordance with requirements by the buyer. Withdraw or cancel of contract can be made where discrepancy of documents comes into fundamental breach of contract. In conclusion transport documents by the seller will be used to determine appropriation of transport document to the contract. Therefore the seller has to deliver the proper shipping documents to the buyer. Where the breach of the seller's obligations to deliver documents the buyer has the right of requiring performance, contract avoided, claiming damage to recover the contract under CISG. The significance of transport documents has been focused in this study and careful examination of documents shall be needed to prevent any dispute or differences between the parties.

• International Journal of Computer Science & Network Security
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• 제24권3호
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• pp.189-195
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• 2024

Road transport occupies the largest share in domestic and international transport. It is of key importance for the development of the economy, forasmuch as it provides the livelihood of the population, the development of the national economy, the possibility of establishing foreign economic relations. The purpose of the research is as follows: analysis of the current state of functioning of the road transport sector in Eastern Europe and identification of key problems and trends in its development. Research methods: Methods of grouping, comparison and generalization, correlation analisys have been used to identify the dynamics of the main indicators of road transport in Eastern Europe. The method of correlation-regression analysis has been applied to determine the impact of increasing the length of roads on the turnover of the road freight transport and the number of employed population in this area. Results. It has been found that the increase in the employed population by 96% and increase in revenues from transportation and storage of goods, postal and courier services (turnover of the road freight transport - in the original language) in the field of road transport by 82% is explained by the change in transport infrastructure capacity by increasing length of highways. According to the correlation analysis, it has been revealed that there is a high direct dependence between the length of roads and increased revenues from transportation and storage of goods in the field of road transport, as well as between the length of roads and increasing employment in this area.

• 무역상무연구
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• 제68권
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• pp.23-42
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• 2015

According to the increasing attention to safety and security in maritime shipping, there are diverse security systems in international logistics activities. Although prior studies on maritime transport and port security reviewed security policy and practices in order to provide useful insights for strategic agenda, a few focused on attitude to respond it. Moreover, there are no prior study on a comparative study between continents. To tackle this, this paper compared confrontation attitude to maritime transport and port security between South Korea and European Union. Results identified that maritime shipping security incorporates container cargo security management, logistics security management, logistics security certificate system, and environmental impacts management caused by maritime shipping. Further, the comparison between two countries suggests that South Korea need to take more positive attitude to respond, such as investment in equipment and technologies for maritime shipping security, construction of comprehensive management system, political supports for logistics security, and training and education for safety and security. The results provide useful insights for strategic review of security systems in South Korea, and to help strategic agenda for future improvement.

• 항공우주정책ㆍ법학회지
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• 제2권
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• pp.157-188
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• 1990

The objective of this presentation is to describe major air transport problems which international civil aviation is faced with at present and those which may be encountered in the last decade of the 20th century. ICAO's role in tackling these problems as well as some aspects of cooperation between Contracting States and ICAO are also being discussed.