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The Characteristic of the Carrier's Liability Due to the Illegal Act of the Crew during International Air Transportation (국제항공운송 과정에서의 기장 등의 직무상 불법행위에 기한 운송인의 손해배상책임이 가지는 특수성)

  • Kim, Min-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.3-37
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    • 2020
  • The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

The Definition of Connecting Flight and Extraterritorial Application of Regulation (EC) No 261/2004: A Case Comment on Claudia Wegener v. Royal Air Maroc SA [2018] Case C-537/17 (EC 261/2004 규칙의 역외적용과 연결운항의 의미 - 2018년 EU사법재판소 Claudia Wegener v. Royal Air Maroc SA 판결의 평석 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.103-125
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    • 2020
  • This paper reviews the EU Case, Claudia Wegener v. Royal Air Maroc SA [2018] ECLI:EU:C:2018:361, Case C-537/17. It analyzes some issues as to Wegener case by examining EU Regulations and practical point of views. Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, entitled scope, provides: "this Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier." ECJ held that must be interpreted as meaning that Regulation (EC) No 261/2004 applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft. According to the Court, it is apparent from the regulation and case-law that when, as in the present case, two (or more) flights are booked as a single unit, those flights constitute a whole for the purposes of the right to compensation for passengers. Those flights must therefore be considered as one and the same connecting flight.

The Development of a Ship Firefighting Drill Simulator (선박소화훈련 시뮬레이터 개발에 관한 연구)

  • Kim, Won-Ouk;Kim, Dae-Hee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.22 no.5
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    • pp.410-416
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    • 2016
  • After the Sewol Ferry accident, the importance of maritime safety has been emphasized in Korea. In particular, educational and experience training are not only being conducted for maritime personnel but also in schools and at maritime-related organizations in order to broadly instill maritime safety awareness. Based on SOLAS regulations, safety education for sailors conducted every 10 days passenger boats, and fire-fighting drills and abandon-ship training should be conducted once a month on merchant ships. After the Sewol Ferry accident, the maximum number of trainees was reduced from 40 to 20 in order to improve the effectiveness of these training sessions by requiring all trainees to participate in the actual training. The current training process consists of two steps: textbook-based theoretical training and actual practice. Current training environment provides limited capability from human and facility recourses which limit the numbers of trainee participated and system operation time. By introducing the simulation training, it will improve the trainee skill and performance prior to the on-site training and allow the more effective and rapid progress on actual practice. Therefore, it will be proposed the three-step training method in order to improve the effectiveness on fire-fighting drill in Maritime Safety Education on this study. This study suggests a three step training method that would increase the efficiency of maritime safety education. An image-training step to enhance individual task awareness and equipment usage via simulation techniques after theoretical training has been added. To implement this simulation, a virtual training session will be conducted before actual training, based on knowledge obtained from theoretical training, which is expected to increase the speed with which trainees can adapt during the practical training session. In addition, due to the characteristics of the simulation, repeated training is possible for reaction drills in emergency circumstances and other various scenarios that are difficult to replicate in actual training. The efficiency of training is expected to improve because trainees will have practiced before practical training takes place, which will decrease the time needed for practical training and increase the number of training sessions that can be executed, increasing the efficiency of training overall. This study considers development methods for fire-fighting drill simulations using virtual reality techniques.

Study on the establishment of an efficient disaster emergency communication system focused on the site (현장중심의 효율적 재난통신체계 수립 방안 연구)

  • Kim, Yongsoo;Kim, Dongyeon
    • Journal of the Society of Disaster Information
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    • v.10 no.4
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    • pp.518-527
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    • 2014
  • Our society is changed and diversified rapidly and such tendency is accelerated day after day and has made a lot of problems in the many fields. The important thing we have to recognize is such tendency has a bad effect recently on the safety system in Korea. So it is time to enhance the national safety system and moreover recently Sewol-ho(passenger ship) went down in the sea, it made people remind the importance of national safety system. With this incident, Korean government decided to establish the national safety communication network against the disaster. At this time, I will propose several ideas about the national safety communication network. 1. It must to be established an unified network to contact people who is on a disaster site anytime and anywhere. This is most important element on all disaster sites. 2. PS-LTE technology must to be adopted to the network because it has many advantages including various multimedia services compared to the TETRA in the past. 3. 700MHz is the most efficient band for the network because it has wide cell sites coverage compared to 1.8GHz. 4. Satellite communication system is needed to the network for back-up. 5. It will be effective to adopt Social Media to the communication network system like a Twitter or Facebook for sharing many kinds of information and notifying people of warning message. 6. It can make the network more useful to introduce the latest technology like a sensor network. And Korean government has to improve the system related to the disaster including law and operating organization.

Current Situation and Cooperation on the Metropolitan Airport between Korea and Japan (한국 및 일본의 수도권 공항의 현황과 협력)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.137-163
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    • 2007
  • The air market in Asia has already entered upon the age of limitless competition. It means a very important moment in Asia air market. Each Asian country thus has put a lot of effort into a development plan and support to their hub airport. In order to achieve such a plan, first of all we should build closer cooperation system between the two countries Japan and Korea. The Korea and Japan are very fast growing in the northeast countries within the global air transport market. Air passenger and cargo traffic volumes between Korea and Japan have increased dramatically, since the 1990s. In response to such a trend, both countries have opened new airports and expanded existing facilities in the hopes of laying claims to the main international hub airport in Asia. Apart from the trend, air transportation between Korea and Japan's metropolitan areas is the only transportation in substance, even if they are located very closely in geographical position. The air transportation between the two countries shows that it is necessary to get fast and more convenient because of the economic and cultural interchange and exchange concentrated on the metropolitan areas, and that will promote the economic growth of Korea and Japan. However, within the air transportation industry field, there have no sufficient seats/slots to supply the air demand from the capital cities of each country, as well as no counterplan for some problems regarding capacityand sustain ability of metropolitan airports. Thus, it is necessary for us to consider in all aspects and solve them to improve air transportation between Korea and Japan. This paper is to try to demonstrate this matter and from all angles, that is, in legal and political aspects, facilities and given environmental conditions and cooperation between Korea and Japan. I think that it is indeed a great necessary and convenient for many Korean and Japanese tourists to conclude a new 'Open Sky Agreement' between Japan and Korea in order to the prepare the increase of the shuttle flight between Haneda-Gimpo and opening of air route newly for shuttle flight between Haneda and Cheongju as well as opening of air route for shuttle flight between Haneda-Shanghai Hongqiao International Airport and Beijing International Airport for the 2008 Beijing Olympic Games. Furthermore it is a great desirable thing for us to conclude a new 'Open Sky Agreement' in cooperation reciprocally among the Japan, China and Korea for opening the new air route by the shuttle flight.

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Changes in spatial organization of Korea by the construction of Seoul-Pusan railroad (京釜線 鐵道建設에 따른 韓半島 空間組織의 變化)

  • ;Joo, Kyung-Sik
    • Journal of the Korean Geographical Society
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    • v.29 no.3
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    • pp.297-317
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    • 1994
  • This study demonstrates the changes in the spatial organization of Korea by the construction of Seoul-Pusan railroad. This Seoul-Pusan line, which is the most important one in Korea was constructed in 1905. The original plan of the line was selected to cross the main traditional roads to control the entire Korean peninsular and to mobilize the Korean commercial potentials. It was the line to exploit the staples and to expand the Japanese market in Korea. In accordance with the contracts between Japan and Korean government, Korean government had to supply the lands for railroad, office, and service facilities. That was one of the important reasons that Korean government had been broken down. The main findings of this study are as follows: 1. The Seoul-Pusan railroad line was constructed Japanese colonial policy which emphasized three main purposes; the first was to reorganize the economic space and to collapse the traditional Korean markets for Japanese ruling, and the second was to find out the military supply routes, and the third was to search for the transcontinental line for China and Siberia. As the results, the old Korean pedestrian routes, which were the Eastern, the mid, the westren, and the Samnam route lost their functions. 2. Japanese requested for Korean government usually ten times of wider space for the site of stations than the needed one. The land was expropriated, and constructed the new centers aparted from the original Korean towns. In this process Japanese got the most developmental and windfall profits. The newly constructed centers were for Japanese immigration and the town service facilities which would be used to control the Korean financial market. At last, they easily converted the Korean spatial economy into Japanese colonial one, which made to reinforce the sphere of Seoul-Pusan line. 3. Japanese planned the stations as the central points in Korea. So the railroad stations were located apart from the centers of towns, to avoid the Korean resistances, and to maximize their profits. The mean distance from staiton to 'the town center is about 1km while the Japanese case is 0.6km. 4. The pattern of present Korean railroads is not the 'X type'. Because the Honam line is not the trunk one. So, we could call the Korean railroad pattern as the 'Ip(Chinese character 入) type' . The operational effects of Seoul-Pusan line brought out the concentration of the national economy to this line as Japanese planned. And the polorization had occurred between this line and the other parts of Korea. For twenty years (1910-1930), the transported freights were increased about 5 times. In 1930, the total freight of Seoul-Pusan line became 2, 010, 444 metric tons. If we examine this process, the underconstructing Seoul-Pusan express electric railroad should avoid adjacent this line to reduce the regional and ecological imbalance. 5. The forms of centers on the Seoul-Pusan line were classified into six types in relation to station, town center, and built-up area; the compact (integrated) type, the elongated one, the splited (independent) one, the absorbed one, the consolidated one, and the declined one. All types of these towns might be developed in accordance with the centrality, railroad function, and the other transportational functions. 6. The Seoul-Pusan line plays the most important role among Korean railroads but the ratio of passenger and freight become lower because the effiects of other inaugurated railoads the different transportation modes such as trucks and cars would be got more merits in competition. 7. The results of cluster analyses on the cities of railroad stations showed the rudimentary urban systems in 1910 and 1930. In 1930, the cities were classified into three groups; the group of small cites, the intermediate (developing) city-group, and the special city-group. In 1930s the spatial organization and urban system of Korea were similar to the present ones. We call appreciate that these were the effects of the Seoul-Pusan line.

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The Situation and the Tasks of UK Rail Privatization, Focusing on after the Hatfield Accident (영국 철도 민영화의 현황 및 과제 (Hatfield사고 이후의 변화를 중심으로))

  • Lee, Yong-Sang
    • Journal of Korean Society of Transportation
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    • v.24 no.2 s.88
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    • pp.91-100
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    • 2006
  • This paper examines the situation and tasks of UK rail privatization, especially focusing on after the Hatfield rail accident. Earlier research which focused on the UK's Privatization had little knowledge of the explanations for recent changes. Moreover they had difficulty making a direct comparison between national rail and the privatized rail. Therefore we aye left without a good explanation which has a comprehensive perspective. I attempt to show the change in the rail privatization Process and its outcome, focusing on after the Hatfield rail accident. This Paper argues that the UK's vail privatization process has a regulatory framework which is too complicated with overlapping responsibilities that brought about inefficiency, increasing costs and a superficial safety regime. Especially the planning of rail and infrastructure maintenance did not come to play an appropriate role. However after 2000, the government took charge of setting the strategy for railways, and the Office of Rail Regulation covered safety performance and cost. explain that these changes present a good opportunity to solve the problem of passing the buck for poor performance. Through the analysis, I find that the passenger rail network is well-suited to deliver long distance business and commuters and that the subsidy from the government is decreasing. However, performance, for example punctuality and reliability. should be improved. Especially the Hatfield rail accident caused a reduction in the satisfaction of passengers. In future. the problems of rising costs and monopoly franchise system should be addressed.

Can Lufthansa Successfully Limit its Liability to the Families of the Victims of Germanwings flight 9525 Under the Montreal Convention?

  • Gipson, Ronnie R. Jr.
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.279-310
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    • 2015
  • The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

Liability of Air Carrier and its Legislative Problems in China : Some proposals for its Amendments (중국 항공운송법의 현황 및 주요내용과 앞으로의 전망 : 항공운송인의 책임을 중심으로)

  • Li, Hua
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.147-176
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    • 2011
  • China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

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Ground Security Activities for Prevention of Aviation Terrorism -Centered on San Francisco International Airport of the U.S.A.- (항공테러방지를 위한 지상 보안활동 -미국 샌프란시스코국제공항을 중심으로-)

  • Kang, Maeng-Jin;Kang, Jae-Won
    • The Journal of the Korea Contents Association
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    • v.8 no.2
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    • pp.195-204
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    • 2008
  • With the growth of airline management, as well as computer and IT security, the international trade in this modern society has been rapidly increasing, Along with the advancing, airplanes have become a universal means of communication. However, the complications associated with airplane safety have also been brought up as a result, the most concerning of which is terrorism. One of the main counterplans for preventing terrorism is Ground security activities the core of Ground security activities is absolute safety for passengers in both passenger terminal and freight terminal. Subastral security refers to physical protection, proximity control and 100% security search and freight guarding of the passengers' possessions, and the personnel's duties to perform such jobs are be! coming more crucial. On the other hand, Airport security check has bee n gradually developing since the 1960's, when hijacking began to take place. Although the airports have been providing more safe and comfortable services to their customers, terrorism is still happening today. When Ground security activities is minute, the users feel displeasure and discomfort, yet considering solely their convenience can brings problems in achieving safety. Since the 9.11 terror in 2001, the idea of improving and strengthening airport security was reinforced and a considerable amount of estate is being spent today for invention and application of new technology. Various nations, including the United States, have been improving their systems of security through public services; public police department is actively carrying out their duties in airports as well. In San Francisco International Airport, private police department is in charge of collection of data, national events, VIP protection, law enforcement, cooperation within facilities, daily-based patrol and traffic control. Under guidance and supervision of national organizations, such as TSA, general police department interprets X-Rays, operates metal detectors, checks passports or IDs and observes reactions to explosives. Under these circumstances, studies about advancement of cooperation and duties of general police department and private police department necessitated: especially about private police department and their training for searching equipments, decrease in number of turn over rate, invention of technology and prior settlement in estate for security. The privacy of the public, who make up the major population of airport passengers, must also be minimized. In the following research, the activities of police departments in San Francisco International Airport will be analyzed in order to understand recent actions of the United States on airport security.