• 복합운송
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• s.131
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• pp.12-13
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• 2001

• 복합운송
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• s.144
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• pp.12-15
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• 2004

• 복합운송
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• s.147
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• pp.18-20
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• 2005

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

• Journal of the Institute of Convergence Signal Processing
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• v.23 no.4
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• pp.264-269
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• 2022

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2019.11a
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• pp.261-263
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• 2019

"선용품"이라는 용어는 선박에서 사용되는 모든 관련 기계적 부속품(SPARE)와 소모성 자재(STORE)를 통칭하여 부르는 용어이다. 자동차나 다른 기계류와 달리,선박은 원양을 운항하기에 긴급하거나 급박한 상황의 발생으로 기부속에 대한 수요가 발생할 경우 긴밀하게 대응하기가 어려운 환경에 놓여져 있다. 본 연구에서 연구자는 공급지 결정을 가능하게 하기 위해, 실제 보급사례들을 바탕으로 데이터를 분석하고, 각 선주사 및 선박관리업체 측을 대상으로 설문조사를 실시하여, 그 결과를 분석해 선박의 선용품 보급지 결정방안을 일반화 하고자 한다 .

• Proceedings of the Safety Management and Science Conference
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• 2005.11a
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• pp.40-51
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• 2005

우리나라 상품의 대외경쟁력은 대체적으로 국내 물류비에서 결정된다. 이 좁은 국토(거리상으로)에서 왜 그리도 많은 내륙 물류비를 부담해야 하는 지 많은 이들이 의아해 한다. 제대로 갖추어져 있지 못한 국가차원의 사회간접자본(SOC) 시설, 승용차 중심의 도로운송시스템도 문제지만 제품공장과 수출입관문인 항만.공항간의 연결점에 있는 물류거점시설들이 활성화돼 있지 않다는 것이 요인으로 지적되고 있다. 민간업자 차원에서는 국토 요소요소에 물류센타를 세워놓고 고객들의 화물에 대한 일괄 물류서비스를 제공하려고 많은 노력들을 하고 있다. 이곳에서는 보관, 재고관리, 유통가공, 보세운송, 수배송, 물류대행, 물류컨설팅 등 종합(통합) 물류서비스들이 이루어진다. 이에 본 연구에서는 이러한 물류센터의 실태를 조사하여 수요에 따른 물류센터의 공급능력을 평가하면서 물류의 일괄서비스 측면에서의 효율성을 점검해 보고져 한다. 또한 향후 이 분야에 있는 연구나 조사 필요성이 있는 과제가 무엇인지를 검토하여 단계별 연구과제를 정의하여 체계적인 연구가 진행될 수 있도록 하는데 그 믿걸음이 되고져 한다.

• Journal of Navigation and Port Research
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• v.32 no.8
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• pp.659-665
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• 2008

This thesis describes the key elements for efficient customs clearance system which can facilitate flow of maritime container cargo in the pier area of Busan port, on the basis of considering great changes on international trade environment, development of customs clearance system, variation of commercial container traffic, and diverse views originated from field experience in the distribution industry. To facilitate the flow of maritime containers, reform plan of bonded-transportation and import declaration is proposed to relieve the customs restriction during the days from discharging cargos to taking them into bonded warehouse. Also, various plans to strengthen maritime security, such as customs exam of high-risk export cargos in loading port, pre-declaration of transit container replacement, container tracing system, are proposed to improve Busan port's competitiveness in safety.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.67-92
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• 2008

The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea 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 air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

• Journal of Korea Port Economic Association
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• v.39 no.3
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• pp.1-19
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• 2023

After being kept in bonded areas and bonded logistics warehouses, the level of information sharing and progress confirmation on the process until the cargo is released is insufficient, resulting in disputes and legal disputes related to unauthorized and illegal delivery of cargo. This study attempted to present the introduction of standard electronic documents as a way to solve problems such as delivery practices raised in the delivery of existing imported cargo and legal disputes related to unauthorized illegal delivery among import-related entities. The service provider who manages the bonded warehouse/logistics center in the hinterland of Busan New Port and the shipper service user who use the service were classified into two groups, and a survey was conducted to analyze the difference in perception between the two groups. As a result of the analysis, both groups judged that the introduction of standard electronic documents was necessary, and showed high expected effects in preventing and reducing erroneous shipments and preventing and improving unauthorized and illegal shipments. Discussions between related organizations, related parties, and subjects are needed first to introduce standard electronic documents of the entry and warehouse management system, and the actual participation of related entities such as service providers and service users will play a very important role in establishing the system.