• Title/Summary/Keyword: International transport

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A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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A Comparative Study on the Settlement System of Electronic Trade (전자무역결제시스템에 관한 연구 -Bolero System과 TradeCard를 중심으로-)

  • Jeon, Soon-Hwan
    • The Journal of Information Technology
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    • v.5 no.3
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    • pp.197-214
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    • 2002
  • Electronic Commerce has already existed for over 20 years. The Bolero project initially had the support of TEDIS, and now is jointly financed by SWIFT(Society for World International Financial Telecommunications) which handles most of the electronic funds transfer for banks, and the Through Transport Mutual Assurance Association(the TT Club), a mutual insurance association most of whose members are drawn from the Multimodal transport industry or transport intermediaries. Bolero's mission is to provide guaranteed and secure delivery, in electronic form, of trade documentation, globally, based on a binding legal environment and common procedures, Bolero will also provide a platform for provision of neutral cross-industry services. TradeCard is a payment and settlement system that is an alternative to letters of credit. That is, TradeCard is a business-to-business e-commerce infrastructure that enables buyers and sellers to conduct and settle international trade transactions securely over the Internet. Paperless, payment-guaranteed international trade transactions - which eliminate the traditional letters of credit with electronic certifications - are widely considered the most difficult B2B transactions to conduct.

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Factors Influencing Cost Overruns in Construction Projects of International Contractors in Vietnam

  • VU, Thong Quoc;PHAM, Cuong Phu;NGUYEN, Thu Anh;NGUYEN, Phong Thanh;PHAN, Phuong Thanh;NGUYEN, Quyen Le Hoang Thuy To
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.9
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    • pp.389-400
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    • 2020
  • A construction project is a designed product made up of labors, materials, and installations in the project positioned on the ground and may include the underground and ground section, and the section in water or on the water surface. It is a civil, industrial, transport, agricultural and rural development, infrastructure, or some other. A key phase in the life cycle of these construction projects is the implementation when building products are made directly with workers, equipment, materials, and managers. If there is a lack of management experience, information, and problem-solving solutions to tackle the risks faced by contractors, especially foreign ones, will fail in controlling the project's cost. This study was conducted with investigations, discussions, and evaluation of the factors that lead to cost overruns in the construction projects of international contractors in Vietnam. The principal component analysis (PCA) showed that those factors that influence cost overruns these construction projects fall into five general groups, including factors related to (i) the owners, (ii) the foreign contractors, (iii) the subcontractors and suppliers, (iv) state management, and (v) the project itself. Besides, the study proposes solutions to limit cost overruns in construction projects and improve the profitability of international contractors in Vietnam.

Analysis of Mode Choice Characteristics for Eurasian Freight Transportation (유라시아 화물운송수단선택 특성 분석)

  • Park, Minchoul;Seo, Jongwon
    • Journal of the Korean Society for Railway
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    • v.20 no.5
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    • pp.683-691
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    • 2017
  • It is important to compare the present condition of railway and marine freight transportation corridors to make good progress for freight transportation to the Eurasia region. This study is performed to investigate the current state of international corridors and to analyze mode choice characteristics between railway and marine transportation in the Eurasia region. SP (Stated Preference) data surveyed from international forwarders who are dealing with international freight shipment to the Eurasia area was used. The analysis results show that there is a competitive relationship between railway and marine transportation to Eurasia, and that the accessibility to each mode has an influence on freight mode choice. It is expected that this study will provide good insight to make effective use of various international corridors in the Eurasia region.

Choice Factors of Freight Transport Mode in Korea: Literature Review and Directions for Future Research (국내 화물운송수단 선택요인의 문헌 연구와 향후 연구 방향)

  • Choi, Chang-Ho
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.17 no.4
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    • pp.1-13
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    • 2018
  • The present study was conducted to analyze transport mode choice factors of shippers in Korea and to suggest policy implications and directions for future research. The findings showed that the research on freight mode choice factors in Korea is somewhat insufficient compared to that of other countries. In order to enhance the research, it is necessary to expand the number of studies and to strengthen the research to reflect characteristics of each transport mode. In particular, it is necessary to focus on identifying the characteristics of multimodal transport, including railway and shipping linked to truck. On the other hand, it was confirmed that the major factors influencing the choice of transport mode of shippers in Korea overlapped with foreign research cases. In addition, the implications for policy were derived when the analysis was separately conducted for Korea and other countries regarding individual transport mode and transport range. These results could be applied to various fields such as policy making to improve the efficiency of shippers' selection of transport mode and the estimation of transport mode choice model.

Some Consideration on the Study of ICAO for the Rome Convention Amendment and the Necessity of Domestic Legislation (로마조약의 개정과 국내입법의 필요성에 관한 소고)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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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.

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Review and Analyses of International Standards and Implications for Implementing Korean Hydrogen Charging Station in UAE (한국형 수소충전소의 UAE 구축을 위한 인허가 절차 검토 및 적용 방안 모색)

  • YOUNG-JI BYON;SEUNG HWAN KIM;GOANG SUNG JIN;YOUNG WOOK SEO;YOUNG SOON BAEK
    • Transactions of the Korean hydrogen and new energy society
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    • v.34 no.6
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    • pp.623-630
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    • 2023
  • Recently, a hydrogen charging station-related memorandum of understanding (MOU) was signed between Korea Transport Institute and United Arab Emirates (UAE) Ministry of Transport in Abu Dhabi, creating a foundation for exporting green hydrogen charging stations and hydrogen powered public transit buses developed with Korean technology to Abu Dhabi. Reliable construction and operation of the charging stations require a thorough review on associated standards and legal requirements. In particular, it is essential to analyze currently effective standards related to hydrogen production, hydrogen vehicle charging, and hydrogen charging stations. This paper specifically focuses on comparative analysis of hydrogen-related standards in the UAE and the Republic of Korea. Similar to UAE, Korean hydrogen charging station-related standards follow International Organization for Standardization (ISO) standards. From real-life experiences in developing and operating charging stations, even more essence of ISO standards have been adopted in Korean standards than UAE. In particular, ISO standards related to fire prevention are additionally included in Korea. This paper also suggests procedural and administrative strategies for enabling application of Korean hydrogen charging station-related standards in UAE.

Relationship between Thermal Low and Long-Range Transport of Air Pollutants (대기오염물질의 장거리 수송과 열적저기압의 관계)

  • 이화운;김유근;김해동;정우식;현명숙
    • Journal of Environmental Science International
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    • v.10 no.2
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    • pp.143-151
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    • 2001
  • The atmospheric conditions and the transport mechanism of long-range transport of air pollutants from coastal area to inland area were investigated using regular meteorological data and air pollution data obtatined from the southeastern area of Korea. Daytime temperature over the inland area(Taegu) was higher than that over the coastal area(Pusan) and the temperature difference of about 5~6$^{\circ}C$ when the thermal low most fully developed and the sea level pressure over Taegu was lower than that over Pusan by about 4~5hPa at that time. Therefore this low pressure appeared to the thermally induced low. Air mass polluted from the coastal area during the morning period was transported inland area, at first by the sea breeze and by the large scale wind system toward the thermal low generated in the mountainous inland region. This was explained by the fact that the concentration of air pollutants over Taegu increased throughtout the late afternoon.

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Hot Gas Analysis of Circuit Breakers By Combining Partial Characteristic Method with Net Emission Coefficient

  • Park, Sang-Hun;Bae, Chae-Yoon;Jung, Hyun-Kyo
    • KIEE International Transaction on Electrical Machinery and Energy Conversion Systems
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    • v.3B no.3
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    • pp.115-121
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    • 2003
  • This paper proposes a radiation model, which considers radiation transport as an important component in hot gas analysis. This radiation model is derived from combining the method of partial characteristics (MPC) with net emission coefficient (NEC), and it covers the drawbacks of existing models. Subsequently, using this proposed model, the arc-flow interaction in an arcing chamber can be efficiently computed. The arc is represented as an energy source term composed of ohmic heating and the radiation transport in the energy conservation equation. Ohmic heating term was computed by the electric field analysis within the conducting plasma region. Radiation transport was calculated by the proposed radiation model. Also, in this paper, radiation models were introduced and applied to the gas circuit breaker (GCB) model. Through simulation results, the efficiency of the proposed model was confirmed.