• 항공우주정책ㆍ법학회지
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• 제1권
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• pp.147-162
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• 1989

The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

• 지능정보연구
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• 제27권4호
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• pp.73-95
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• 2021

본 연구는 Node2vec 그래프 임베딩 방법과 Light GBM 링크 예측을 활용해 우리나라 식음료 산업의 미개척 수출 후보국가를 탐색한다. Node2vec은 네트워크의 공통 이웃 개수 등을 기반으로 하는 기존의 링크 예측 방법에 비해 상대적으로 취약하다고 알려져 있던 네트워크의 구조적 등위성 표현의 한계를 개선한 방법이다. 따라서 해당 방법은 네트워크의 커뮤니티 탐지와 구조적 등위성 모두에서 우수한 성능을 나타내는 것으로 알려져 있다. 이에 본 연구는 이상의 방법을 우리나라 식음료 산업의 국제 무역거래 정보에 적용했다. 이를 통해 해당 산업의 글로벌 가치사슬 관계에서 우리나라의 광범위한 마진 다각화 효과를 창출하는데 기여하고자 한다. 본 연구의 결과를 통해 도출된 최적의 예측 모델은 0.95의 정밀도와 0.79의 재현율을 기록하며 0.86의 F1 score를 기록해 우수한 성능을 나타냈다. 이상의 모델을 통해 도출한 우리나라의 잠재적 수출 후보국가들의 결과는 추가 조사를 통해 대부분 적절하게 나타난 것을 알 수 있었다. 이상의 내용을 종합하여 본 연구는 Node2vec과 Light GBM을 응용한 링크 예측 방법의 실무적 활용성에 대해 시사할 수 있었다. 그리고 모델을 학습하며 링크 예측을 보다 잘 수행할 수 있는 가중치 업데이트 전략에 대해서도 유용한 시사점을 도출할 수 있었다. 한편, 본 연구는 그래프 임베딩 기반의 링크 예측 관련 연구에서 아직까지 많이 수행된 적 없는 무역거래에 이를 적용했기에 정책적 활용성도 갖고 있다. 본 연구의 결과는 최근 미중 무역갈등이나 일본 수출 규제 등과 같은 글로벌 가치사슬의 변화에 대한 빠른 대응을 지원하며 정책적 의사결정을 위한 도구로써 충분한 유용성이 있다고 생각한다.