• Title/Summary/Keyword: International Transport Law

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A Study on the Unmanned Transportation Systems of the Seventh Edition of Harmonized System: Focusing on the Section 17 of HS Nomenclature (제7차 HS 협약 개정에 따른 무인 수송기기 품목분류에 관한 연구: 제17부를 중심으로)

  • Jin-Kyu Kim;Yoon Lee
    • Korea Trade Review
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    • v.46 no.5
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    • pp.49-63
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    • 2021
  • The HS Convention is an agreement on the harmonized commodity description and coding system enacted by the World Customs Organization in January 1988 to promote international trade and unify the commodity classification systems internationally, and the seventh revision will take effect in January 2022. This study's main purpose is to consider criteria for classifying unmanned autonomous transport systems(UATS) in accordance with Section 17 of the HS nomenclature and to present recommendations for improvement of laws related to tariff classification which may be used to amend related laws in Korea. Currently, there are no provisions within the HS Nomenclature that classify unmanned autonomous transportation systems and equipments. Although such technologies have yet to be commercially deployed, they are being actively developed globally. Thus, this study aims to classify UATS and suggest appropriate amendments to the new edition of the HS Nomenclature and Korean law. This paper examines advance ruling cases from domestic and foreign HS classification under the revision of the HS Convention and the criteria for the classification of UATS and Domestic Korean and foreign classification case studies were investigated, along with a survey of the literature on UATS, in order to derive reasonable tariff classification criteria and present legislative implications. In conclusion, this study aims to provide legislative recommendations for how to improve the system to apply the revisions to the HS Convention to the domestic Korean statutes.

Open Skies Policy : A Study on the Alliance Performance and International Competition of FFP (항공자유화정책상 상용고객우대제도의 제휴성과와 국제경쟁에 관한 연구)

  • Suh, Myung-Sun;Cho, Ju-Eun
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.139-162
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    • 2010
  • In terms of the international air transport, the open skies policy implies freedom in the sky or opening the sky. In the normative respect, the open skies policy is a kind of open-door policy which gives various forms of traffic right to other countries, but on the other hand it is a policy of free competition in the international air transport. Since the Airline Deregulation Act of 1978, the United States has signed an open skies agreement with many countries, starting with the Netherlands, so that competitive large airlines can compete in the international air transport market where there exist a lot of business opportunities. South Korea now has an open skies agreement with more than 20 countries. The frequent flyer program (FFP) is part of a broad-based marketing alliance which has been used as an airfare strategy since the U.S. government's airline deregulation. The membership-based program is an incentive plan that provides mileage points to customers for using airline services and rewards customer loyalty in tangible forms based on their accumulated points. In its early stages, the frequent flyer program was focused on marketing efforts to attract customers, but now in the environment of intense competition among airlines, the program is used as an important strategic marketing tool for enhancing business performance. Therefore, airline companies agree that they need to identify customer needs in order to secure loyal customers more effectively. The outcomes from an airline's frequent flyer program can have a variety of effects on international competition. First, the airline can obtain a more dominant position in the air flight market by expanding its air route networks. Second, the availability of flight products for customers can be improved with an increase in flight frequency. Third, the airline can preferentially expand into new markets and thus gain advantages over its competitors. However, there are few empirical studies on the airline frequent flyer program. Accordingly, this study aims to explore the effects of the program on international competition, after reviewing the types of strategic alliance between airlines. Making strategic airline alliances is a worldwide trend resulting from the open skies policy. South Korea also needs to be making open skies agreements more realistic to promote the growth and competition of domestic airlines. The present study is about the performance of the airline frequent flyer program and international competition under the open skies policy. With a sample of five global alliance groups (Star, Oneworld, Wings, Qualiflyer and Skyteam), the study was attempted as an empirical study of the effects that the resource structures and levels of information technology held by airlines in each group have on the type of alliance, and one-way analysis of variance and regression analysis were used to test hypotheses. The findings of this study suggest that both large airline companies and small/medium-size airlines in an alliance group with global networks and organizations are able to achieve high performance and secure international competitiveness. Airline passengers earn mileage points by using non-flight services through an alliance network with hotels, car-rental services, duty-free shops, travel agents and more and show high interests in and preferences for related service benefits. Therefore, Korean airline companies should develop more aggressive marketing programs based on multilateral alliances with other services including hotels, as well as with other airlines.

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A Legal Study on the Electronic Ticketing (전자항공권의 법적 제문제에 대한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.55-69
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    • 2006
  • Electronic ticketing ("e-ticketing") through the internet will be the most critical commercial tool in the international airline industry. Actually the International Air Transport Association(IATA) has announced that it's goal is to accomplish 100 percent implementation of e-ticketing worldwide by 2007. Domestically e-ticketing will be put into operation in a full scale from the next year(2007). Thus, we count on, sooner or later, e-ticketing will be accomplished globally. As a legal aspect, this e-ticketing raises many legal issues which are no longer subject to a static set of legal rules driven by judicial precedent because e-ticketing is carried out on the "cyber space" which is a new and developing law area. In this treatise, I studied these legal issues, specially on the time and place(jurisdiction) of the contract which are the most important issues based on the New Montreal Convention signed at Montreal on May 28, 1999, which would seem prove that the airline industry is receptive and capable of change. Upon this opportunity, I hope the more comprehensive legal study on the e-ticketing will be introduced in the near future.

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항공안전규제를 위한 제도개선 방안에 관한 연구

  • Yu, Gwang-Ui;Kim, Ung-Lee
    • The Korean Journal of Air & Space Law and Policy
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    • v.12
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    • pp.210-245
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    • 2000
  • This study is to review the problem concerned with aviation safety in Korea and suggest the solution to secure the aviation safety, in respect of regulation. At first, the definition and characteristics of aviation safety are studied, and then the endeavor for the aviation safety of ICAO and FAA are reviewed. All the fields of aviation safety area are included in the scope of this study; airworthiness in aircraft production and maintenance, flight operation, airport operation and air traffic control. The level of safety can be estimated by the frequency of accidents and seriousness. The causes of air accidents can be summarized as five factors; human factor, traffic environment. aircraft, weather, and unexpected incident. The activities to protect accidents are also can be summarized as five areas; man, machine, medium, mission and management. ICAO established the standards and recommends for the aviation safety, and adopted strategic action plan for 21st century. Federal Aviation Administration of USA also contributes for the aviation safety of world wide. Nowadays, ICAO and FAA tries to coordinate each other to set up efficient and effective ways for the aviation safety. ICAO developed safety oversight manual and FAA developed model regulations, individually. However, there has been trials to merge the results of each institute's studies. The direction of this endeavor is to meet the new environment related to globalization of air transport industry. It is necessary for our government to improve the aviation safety regulation system to address the new wave of aviation safety system pursued by international organization. A systematic and comprehensive measure should be devised by cooperation of all the related field and area.

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A Study on the Functional Differences between Strait Bills of Lading and Sea Waybills -Focused on a Comparison of English, U.S. and Korean Laws- (기명식 선하증권과 해상화물운송장의 기능적 차이에 관한 연구 -영미법 및 우리나라법과의 비교를 중심으로-)

  • Paik-Hyun Suh
    • Korea Trade Review
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    • v.48 no.4
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    • pp.149-168
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    • 2023
  • Through an examination and analysis of straight bills of lading and sea waybills in the context of English, U.S.A and Korean law, and relevant international conventions on maritime transport, the following results were obtained: Prior to the enactment of U.K.'s the Carriage of Goods by Sea Act in 1992, straight bills of lading had functional differences between countries. However, after the enactment of this law, negotiable bills of lading obtained the same legal status and functionality in both Korea and the United States, as well as in the UK. As for sea waybills, all three countries treated them with the same contractual and legal status. In other words, they serve as receipts for the transported goods and act as evidence of the maritime transportation contract. Nevertheless, they are non-negotiable, and the delivery of goods can be made to the consignee or their agent based on their identity. However, the transfer of ownership rights over the goods or acquisition of legal rights against the carrier cannot be achieved through the transfer or endorsement of Sea Waybills.

A study on the potential market conditions and the road map of Korean vehicles for people with disabilities (장애인 복지차 시장현황과 한국형 장애인 복지차 로드맵에 관한 연구)

  • Rhee, K.M.;Kim, D.O.
    • Journal of rehabilitation welfare engineering & assistive technology
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    • v.7 no.1
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    • pp.29-37
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    • 2013
  • The purpose of this study is to suggest the potential domestic and international market conditions vehicles for people with disabilities through a review of the literature and internet resources, and to propose a road map developing South Korean vehicles for people with disabilities taking into consideration the current state of domestic and international technology and the usage of the vehicles for people with disabilities depending on the type of disability. The results of the study are as follows: First, vehicles for people with disabilities safety standards of South Korea do not meet the safety standards of developed countries and the technology of development related vehicles for people with disabilities is not as advanced as that of developed countries. Vehicles for people with disabilities installation methods, specifications, features and safety standards should be designed to be more similar to those of Japan and the United States. Second, vehicle modifications for people with disabilities will become more common as measures directed at promoting the welfare of people with disabilities, such as travel and transportation measures, employment opportunities, education, and funding for vehicle modifications, are implemented along with laws, such as The Americans with Disabilities Act, The British Disability Discrimination Act, and Japan's barrier-free transport law, that protect people with disabilities generally. Third, through a comparative analysis of domestic and international market conditions and demands of people with disabilities in vehicle modifications, important things to pay attention by purchasing a modified vehicle for people with disabilities are the employment rate for people with disabilities and monthly income. To enable this, government agencies and industry bodies should work together through the revision of the current Disability Welfare Act or the enactment of the special law for guiding principles of Disability Welfare Act. Through the future changes in vehicles for people with disabilities-related system or society of South Korean, the annual demand of the vehicles is expected to be more than 10,000.

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Legal Issue in Case of Death or Injury of an International Crew While on Board (국제항공운송 승무원이 항공기내에서 사상(死傷)을 당한 경우 법률관계 - 국내외 판례의 분석을 중심으로 -)

  • Kim, Sun-Ah
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.137-168
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    • 2020
  • Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

Prediction of Nucleate Pool Boiling Heat Transfer Coefficients of Ternary Refrigerant R407C

  • Kwak, Kyung-Min;Bai, Cheol-Ho;Chung, Mo
    • International Journal of Air-Conditioning and Refrigeration
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    • v.6
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    • pp.93-103
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    • 1998
  • The nucleate boiling heat transfer experiments are performed using a ternary refrigerant R407C which is a candidate of alternatives of HCFC 22. The boiling phenomena of R-32, R-125 and R-134a which are the constituent refrigerants of R407C are also investigated. The nucleate boiling heat transfer coefficients of R407C are less than those of HCFC 22 which have the similar physical and transport properties. In our experimental pressure range, which is similar to the operational pressure of air conditioning system, the deterioration of boiling heat transfer coefficients of mixture refrigerant R407C does not appear for moderate wall superheat region. Since nucleate boiling heat transfer coefficients cannot be obtained from ideal mixing law of mixture, Thome's method was used to predict. To account for the heat flux effect and system pressure in Thome's method, the correcting factor, a(P.L1T), was introduced and obtained from experiments for ternary refrigerant R407C.

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A Study on the Legal Party and its Extent of the Demurrage (체선료의 책임주체와 그 범위에 관한 연구)

  • Kim, Myung-Jae
    • Journal of Navigation and Port Research
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    • v.37 no.6
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    • pp.689-697
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    • 2013
  • The demurrage is regarded as a kind of the ocean freight and a remuneration of the time lost for the vessel while in port. In ordinary occasions of the voyage charter, the liability of a demurrage is usually laid on the charterers unless any exceptions are incorporated. The owners are, however, often meeting somehow difficulty to secure demurrage in the field as the liability is limited or transferred to a third party from the charterers. This paper is focused on clearing the liabilities to be held by the parties involved through the English Law cases, and what's more is rendering a proper suggestions to the owners and charterers on dealing with the ship's operation business.

Spatial Structure and Dynamic Evolution of Urban Cooperative Innovation Network in Guangdong-Hong Kong-Macao Greater Bay Area, China: An Analysis Based on Cooperative Invention Patents

  • HU, Shan Shan;KIM, Hyung-Ho
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.9
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    • pp.113-119
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    • 2021
  • With the increasing pressure of international competition, urban agglomeration cooperation and innovation had become an important means of regional economic development. This study analyzed the spatial characteristics of the Urban Cooperative Innovation Network in Guangdong-Hong Kong-Macao Greater Bay Area, found out the dynamic evolution law of innovation, provided suggestions for policy management departments, and effectively planned the industrial layout. According to the data of the State Intellectual Property Office of China, this study researched invention patents from 2005 to 2019. This paper constructed the urban cooperative innovation network, and took 11 cities in the bay area as the research objects, and used social network analysis to study the spatial structure and dynamic evolution of the urban innovation network. Every indicator reflected the urban cooperative innovation, but they all showed a certain decline in 2008-2010. And it is inferred that the innovation network space of each city will be "obvious fist advantages, significant spillover effect and weakening role of Hong Kong and Macao". This paper divided urban cooperative innovation of Guangdong-Hong Kong-Macao Greater Bay Area into three stages. Summing up the characteristics of each stage is helpful to recognize the changes of urban cooperative innovation and to do a good job in industrial layout planning.