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A study on air related multimodal transport and operator's legal liabilities (항공연계 복합운송의 현황과 손해배상책임 - 대법원 2014.11.27. 선고 2012다14562 판결을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.3-36
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    • 2016
  • Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that 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. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

Pressure Drop Characteristics of Air Particle Flow in Powder Transport Piping System (파우더 수송시스템의 공기입자 유동 압력강하 특성)

  • Kim, Jong-Soon;Chung, Sung-Won;Kwon, Soon-Gu;Park, Jong-Min;Choi, Won-Sik;Kwon, Soon-Hong
    • Journal of the Korean Society of Industry Convergence
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    • v.20 no.2
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    • pp.157-168
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    • 2017
  • The pressure drop characteristics of air particle flow in a powder transport piping system were analyzed in this study. The pressure drop characteristics of air particle flow in the piping system have not well understood due to the complexibility of particle motion mechanism. Particles or powders suspended in the air flow cause the increase of the pressure drop and affect directly transport efficiency. In this study, the pressure drop in a powder transport piping system was analyzed with interactions of air flow and particle motion in straight and curved pipes. The total pressure drop increased with pipe length, mixture ratio, and friction factor of particles because of increased friction loss of air and particles in the piping system. For the coal powders of $74{\mu}msize$ and powder-to-air mass mixture ratio of 0.667, the total pressure drop under the consideration of powders and air flow was calculated as much as 30% higher than that air flow only.

The Main Contents and Task in Future for the Air Transport Law Established Newly in the Korean Revised Commercial Law

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.75-101
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    • 2012
  • As the Reublic of Korea revised the Commercial Code including 40 articles of air transport enacted newly on May 23, 2011, so Korea became first legislative examples in the Commercial Code of the developed and developing countries. I would like to explain briefly the main contents of my paper such as (1) history of enacting newly Part VI (air transport) in the Korea's revised commercial law, (2) legal background enacting newly Part VI (air transport) in the Korea's revised commercial law and the problems on the conditions of air transport, (3) every countries' legislative examples on the civil liability of aircraft's operator, (4) unlawful Interference Convention and general risk convention of 2009, (5) main contents and prospects of the revised Commercial Code for the liability of aircraft's operator etc as the followings. Meanwhile as the Aviation Act, Commercial Code and Civil Code in Korea and Japan did not regulated at all the legal basis of solution on the disputes between victims and offender for the amount of compensation for damage due to personal or property damage caused by aircraft accidents in Korea and Japan, so it has been raised many legal problems such as protection of victims, standard of decision in trial in the event of aircraft accident's lawsuit case. But the Korean Revised Commercial Code including Part VI, air transport regulations was passed by the majority resolution of the Korean National Assembly on April 29, 2011 and then the South Korean government proclaimed it on May 23 same year. The Revised Commercial Code enforced into tothe territory of the South Korea from November 24, 2011 after six month of the proclaimed date by the Korean Government. Thus, though Korean Commercial Code regulated concretely and respectively the legal relations on the liability of compensation for damage in the contract of transport by land in it's Part II (commercial activities) and in the contract of transport by sea in its Part V (marine commerce), but the Amended Commercial Act regulated newly 40 articles in it's Part VI (air transport) relating to the air carrier's contract liability on the compensation for damage caused by aircraft accidents in the air passengers and goods transport and aircraft operator's tort liability on compensation for damage caused by the sudden falling or collision of aircraft to third parties on the surface and so it was equipped with reasonable and unified system among the transport by land, marine and air. The ICAO adopted two new air law conventions setting out international compensation and liability rules for damage caused by aircraft to third parties at a diplomatic conference hosted by it from April 20 to May 2, 2009. The fight against the effects of terrorism and the improvement of the status of victims in the event of damage to third parties that may result either from acts of unlawful interference involving aircraft or caused by ordinary operation of aircraft, forms the cornerstone of the two conventions. One legal instrument adopted by the Conference is "the Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft" (Unlawful Interference Convention). The other instrument, "the Convention on Compensation for Damage Caused by Aircraft to Third Parties" (General Risk Convention), modernizes the current legal framework provided for under the 1952 Rome Convention and related Protocol of 1978. It is desirable for us to ratify quickly the abovementioned two conventions such as Unlawful Interference Convention and General Risk Convention in order to settle reasonably and justly as well as the protection of the South Korean peoples.

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The International Civil Aviation Organization and Recent Developments of Air Law in a Changing Environment (변환기(變換期)에 있어서의 국제민간항공기구(國際民間航空機構)(ICAD)와 항공법(航空法) 발전(發展)의 최근(最近) 동향(動向))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.7-35
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    • 1992
  • The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

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Source-Receptor Relationships of Transboundary Air Pollutants in East Asia Region Simulated by On-Line Transport Model

  • Jang, Eun-Suk;Itsushi Uno
    • Environmental Sciences Bulletin of The Korean Environmental Sciences Society
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    • v.4 no.2
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    • pp.111-116
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    • 2000
  • Transboundary air pollution has recently become an area of increasing scientific interest and political concern as countries are receiving air pollutants from their neighbors. In order to gain a better understanding of the long-range transport processes of air pollutants and the source-receptor relationships among neighboring countries, an atmospheric transport model coupled with a RAMS(Regional Atmospheric Modeling System) model was applied to the East Asia region during the entire month of January 1993. The scalar transport option of the RAMS model was used to calculate special atmospheric constituents such as trace gases or aerosols. The sulfate production in clouds and rainwater and its removal processes by dry and wet deposition were considered. The sulfate budget from source regions to receptor regions was estimated by analysing the source-receptor relationships. When a specific receptor site revealed a sulfate value higher than the sulfate concentration based on its own source origin, this was taken to indicate long-range transport from another source region. The contribution ratio from various source region was calculated. The contribution ratio of dry and wet deposition was higher on the main continent of the East region. Furthermore, the high deposition amounts were identified on the west coast of Korea and the East China Sea.

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Tourists' Satisfaction towards Bao Loc City, Vietnam

  • GIAO, Ha Nam Khanh;HANG, Tran Dieu;SON, Le Thai;KIEM, Dinh;VUONG, Bui Nhat
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.7
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    • pp.269-277
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    • 2020
  • Bao Loc City is the new tourism destination in Lam Dong province, Vietnam, where more and more tourists have been drawn to pay a visit. This study aims to test the correlative impact of tourism service quality factors on satisfaction of the tourists who have visited Bao Loc City. The key theory used in this study is SERVQUAL scale. The survey sample consists of 350 tourists who stayed overnight in Bao Loc City in the last quarter of 2019; 315 valid survey questionnaires could be used for the analysis. The research applied Cronbach's Alpha, exploratory factor analysis (EFA), confirmatory factor analysis (CFA), structural equation modeling (SEM), and bootstrap test. The results show that the satisfaction of the tourists who have visited Bao Loc City has been affected statistically by three factors: (1) Responsiveness; (2) Reliability; and (3) Empathy, which were ranked by descending importance. Surprisingly, the research found that Tangibles and Assurance do not have an impact on tourists' satisfaction towards Bao Loc City. The research formulates some suggestions to the city policy-makers and the tourism businesses management in Bao Loc City in order to enhance tourists' satisfaction through improving the tourism service quality at Bao Loc City.

Cause of Corrosion and Evaluation of Material Corrosion Resistance on Underground Heat Transport Facilities Connected to Manhole (맨홀과 연결된 지하 열수송설비의 부식 원인 및 재질 내식성 평가)

  • Song, M.J.;Choi, G.;Kim, W.C.;Lee, S.Y.
    • Journal of the Korean Society for Heat Treatment
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    • v.35 no.4
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    • pp.193-202
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    • 2022
  • Manholes and underground spaces are installed to manage the buried heat transport pipes of the district heating system, and the corrosion damage of the equipment placed in this space often occurs. The purpose of this work is to identify locations with a high risk of corrosion damage in the air vent and to establish preventive measures based on precise analysis via sampling of heat transport pipes and air vents that have been used for about 30 years. The residual thickness of the air vent decreased significantly by reaching ~1.1 mm in thickness, and locations of 60~70 mm away from a transport pipe were the most vulnerable to corrosion. The energy dispersive X-ray spectroscopy (EDS) analysis was performed in the corroded oxides, and it was found that chloride ion was contained in the corrosion products. Anodic polarization tests were carried out on the air vent materials (SPPS250, SS304) with varying the amounts of chloride ions at two different temperatures (RT, 80℃). The higher concentration of chloride ions and temperature are, the lower corrosion resistances of both alloys are.

Strategic Alliances and Productivity in Air Transport Industry (항공운송산업의 전략적 제휴와 생산성에 대한 연구)

  • Yeo, Kyu-Hun;Lee, Young-Soo
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.15 no.4
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    • pp.131-141
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    • 2007
  • This paper identifies the productivity in the Global Air Transport Industry for the period of 1995-2001 by testing the Total Factor Productivity with tonqvist method. Based on panel data from 20 major international airline corporations which formed global strategic alliances, we find alliances make a considerably significant contribution to productivity increases. We also find that total factor productivity rate changed surprisingly in Air Transport Industry between pre- and post-Asian financial crisis period.

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A study on the cooperation of Air Transport between South - North Korea (남북한 항공운송협력에 관한 연구)

  • Kim, Woong-Yi;Lee, Kang-Seok;Kim, Do-Hyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.1
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    • pp.143-209
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    • 2005
  • In 1994, the North Korea indicated their intention to open up airspace. The air route passing through from Daegue FIR to Pyungyang FIR has established in 1996. The air transport cooperation between South and North Korea seemed to be reinforced at the event of President Kim, Dae-Jung's visit to North Korea by passing through a temporarily established Yellow Sea Airway in the year of 2000. The nature characteristics of air transport burdening of many circumstantial situations, however, have kept cooperation between South and North Korea from being facilitated till now. Recently as the more exchange between North and South Korea, the more frequent opportunities to discuss economic cooperation, which in sequence increased political credibility has been increased. The rail, road, and port reconnecting has realized which have been regarded impossible. Furthermore, it is expected to transport personnel and goods through South-North direct connected routes in the near future This study shows several meanings of air transport cooperation between South and North Korea. It will be far beyond simply partial air route connecting in this region, it gives great significance to realize economic cooperation and Northeast hub through air transport industry sector. This will be an exit for air transport industry have suffered limits derived from North Korea troubles and difficulties in growing as Northeast air hub. Namely, South-North air connection denote its meaning in providing opportunities Korea to be Northeast Hub and advanced country having globally competitive air transport industry To develop strategy for air transport cooperation between South and North Korea. they were developed by SWOT analysis on the basis of circumstantial analysis. These strategy need to be commanded properly to the changes of surrounded circumstances. The study result show it is desirable to apply phasal strategies by using strengths, weaknesses, threats and opportunities factors underlying analysis of inner and outer circumstances to cooperate in air transport sector.

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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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