• The Korean Journal of Air & Space Law and Policy
• /
• v.21 no.2
• /
• pp.71-96
• /
• 2006

This paper intends to describe the carrier's duty for the delivery of international air cargo and the carrier's liability for the illegal delivery of cargo under the Montreal Convention, lATA Conditions of Carriage for Cargo and judicial precedents. Under the Article 13 of Montreal Convention, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charge due and on complying with the conditions of carriage. And unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives. Under the Article 18 of Montreal Convention, the carrier is liable for damage sustained in the event of the destruction or less of or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. And the carriage by air comprises by the period during which the cargo is in the carriage of the carrier. Under the Article 11 of lATA Conditions of Carriage for Cargo, carrier is liable to shipper, consignee of any other person for damage sustained in the event of destruction of loss of, or damage to, or delay in the carriage of cargo only if the occurrence which caused to the damage so sustained took place during the carriage as defined under Article 1. According to the precedent of Korean Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the airway bill by the bonded warehouse operator because the freight forwarder did not designate the bonded warehouse and did not hold the position of employer to the bonded warehouse operator. In conclusion, the carrier or freight forwarder should pay always attention the movement and condition of the cargo not to be liable for the illegal delivery of cargo.

• (The)Study of the Eastern Classic
• /
• no.70
• /
• pp.257-301
• /
• 2018

The purpose of the study is to examine righteous army activity and combat in Hapcheon during the Imjin invasion period. The resulting conclusions are as follows. First, Chung In-hong raised a righteous army in Hapcheon and Kim Myeon raised an army in Goryeong. Chung In-hong commanded the army and fought against Japanese army with a leadership of knowing the enemy and himself, and Kim Myeon commanded the army and fought against Japanese military with a leadership of harmony. Second, battles of Chung In-hong's righteous army are the first Mugye battle, the ambush battle in Sawon-dong, the Chogye Majin battle, the Aneon battle, and the third Seongju Castle battle. Battles of Kim Myeon's righteous army are the Yeongang battle, the Gaesanpo battle, the second Mugye battle, the Ucheok-hyeon battle, the Jirye battle, and the Sarangam battle. Battles that Chung In-hong and Kim Myeon united and fought are the first and second Seongju Castle battles. In Jeongyu Jaeran, Chung In-hong played a role of Jodosa who takes charge of provisions in the right area of Gyeongsang. In addition, Hapcheon was the access road and transport route where Japanese army entered Jeolla-do. Third, participation and role of Ming troops are part of restraint device against Japanese army with military tactics of ii chei(using foreigners to control foreigners) to remove Japanese army from Joseon and defend Yodong. After a victory of Li Rusong in Pyeongyang Castle in January, 1593(the 26th year of Seongjo), Ming troops pursued practical interest through peace talks rather than active battles. When there was practically Siege of Jinju, Yujeong troops of Ming entered with hand-to-hand martial arts of Sacheon soldiers in late June, 1593, but did not participate because they should wait for orders of Gyeongnyak Song Eung-chang and Admiral Li Rusong. Fourth, in the Imjin invasion period, Joseon suffered terrible damage such as ruin of the whole country by invasion of Japanese army and in need of aid of military rice from Ming troops, but righteous armies and the royal forces in each area cooperated so defeated Japanese army. It is understood through a case of Hapcheon in the right area of Gyeongsang. Especially, Joseon did not succumb to pressure of Ming troops that used full powers to two aspects such as settlement and battle with Japan during the war, and did not lose national confidence and pride by showing a fighting will to fight against Japanese army to the end with independence. Such a spiritual culture originated from homeland protection and loyalty to the king, and is national spirit of resistance that sublimates the united mind and spirit of community to protect a country against foreign invasion.

• Journal of Korea Port Economic Association
• /
• v.38 no.3
• /
• pp.133-149
• /
• 2022

The Port logistics is a pivotal industry in strengthening competitiveness for countries and companies and plays an important role in accounting for the majority of Korea's import and export volume, so its importance among Korea's industries is truly enormous. The port, which plays such an important role, is simultaneously unloaded, transferred into the dock, and stored, and it can be said that it is composed of a very complex flow. In particular, port unloading is an environment in which port unloading workers cannot escape the risk of disasters as large cargoes and cranes for container transport move, and numerous disasters are hidden and lead to serious disasters. Through literature studies on the Serious Accident Penalty Act, this study investigated how the Serious Accident Penalty Act affected port unloading workers and whether there was a change in satisfaction with safety education according to the enforcement of the Serious Accident Penalty Act. Through this study, it was found that port unloading workers were more aware of safety than managers in cognitive, attitude, and experience factors. Since the port unloading manager is not put into the unloading work, the perception of safety was analyzed to be lower than that of workers. Since managers should educate workers on safe work and be alert to safety, it seems that port unloading managers will also need to change their perception of safety. The Act on the Punishment of Severe Disasters took effect on January 27, 22, and in the early stages of the enforcement of the law, many confusing and ambiguous parts are found for those in charge of performing practical tasks on the front line until the law is settled. It seems necessary to revise the Act on the Punishment of Severe Disasters for the purpose of clear standards for the law and no safety accidents in the field to prevent confusion in work. In addition, in order to derive more meaningful research results in the future, it is expected that research on the perception of disasters by workers and managers will be continuously needed by deepening literature research to find various factors and using investigation methods such as interviews.