• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.33-54
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• 2008

The damage to the third parties caused by aircraft in flight shall be fully compensated to the extent that the damage didn't occur unless the damage is caused by innocent victims. However, related international Conventions limit operator's liability of compensation to certain levels, which is one of the main reasons that such international Conventions have not been ratified by many aviation leading States. However, international community has agreed, since 9/11, that the accidents caused by terrorists and the protection of the third parties need to be addressed more actively. And the amendment of the related Rome Conventions has been drafted under the ICAO leadership by the special committee that was organized to modernize the related international Conventions. This study addresses the issues related to the draft Conventions, the draft Convention for Damage caused by Aircraft to Third Parties, in case of Unlawful Interference and the draft Convention on compensation for Damage caused by Aircraft to Third Parties. It is expected that it takes considerable time to reach an agreement on all the issues from appropriate apportionment of liability between the government and operator to the details regarding the management of Supplementary Compensation Mechanism. Under the circumstances where the needs for the air transportation as well as threats of terrorism increase, the new international Convention should be prepared taking into consideration the balance between the protection of the innocent third parties and that of air transport industry including air carriers. Along with this, the Republic of Korea should actively participate in the process of amendment to the related international Conventions to protect the life and property of the people from anticipated damages.

• Journal of Navigation and Port Research
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• v.37 no.5
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• pp.493-498
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• 2013

This paper is aimed to priority evaluation of preliminary cases for IMO -IMS(International Maritime Organization- Information Management System) using fuzzy TOPSIS(Technique for Order Performance by Similarity to Ideal Solution) and AHP(Analytic Hierarchy Process). To this solve, therefore, this paper extract 24 preliminary cases and select 4 major preliminary alternative cases after analysing the structure of its alternative cases using FSM(Fuzzy Structure Modeling). Also, the weights of evaluation factors determine using AHP which able to keep the consistency when decision-makers assess. In AHP method, but, the numbers of paired comparison incerase as much as the numbers of the comparison items increase and because this evaluation have the many of vagueness, the decision of final ranking is used to fuzzy TOPSIS method which is included TOPSIS and Fuzzy Set Theory. The result are developed as order as Management of IMO Convention Information, Delivery of IMO Convention Information, Total IMO Database, Knowledge Hub of IMO Convention Information in IMO-IMS.

• Proceedings of KOSOMES biannual meeting
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• 2006.11a
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• pp.221-237
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• 2006

Domestic laws such as Korea Marine Pollution Prevention Law which has been made and amended according to the conclusions and amendments of various international conventions, especially by MARPOL 73/78, were reviewed and compared with major contents of international conventions, and several alternative measures for legislating new laws or amending existing laws such as Korea Marine Pollution Prevention Law in accordance with new contents and recent amendments of existing and new international conventions were proposed. Annex VI of MARPOL 73/78 has been recently accepted in Korea Marine Pollution Prevention Law which should be applied to ships which are the moving point sources of air pollution at Sea rather than in Korea Air Environment Conservation Law which should be applied to automobiles and industrial installations which are the line and/or point sources of air pollution in land. International Convention for Ship's Ballast Water/Sediment Management should be accepted in Korea Marine Pollution Prevention Law or by a new law in order to prevent domes marine ecosystem and costal environment from the invasion of harmful exotic species through the discharge of ship's ballast water. International Convention for the Control of Harmful Anti-Fouling Systems on the Ships should be accepted in Korea Marine Pollution Prevention Law which should be applied to ships which are navigating in open sea and coastal waters rather than in Korea Noxious Chemicals Management Law. Basel Convention which shall regulate and prohibit inter-nations movements of noxious chemical substances should be accepted in Korea Marine Pollution Prevention Law in order to prevent the movement and transfer of scrap-purpose tanker ships containing bilge water of oil/water mixtures and chemicals remained on board from advanced countries to developing and/or underdeveloped countries and to conserve global marine environment after all.

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.6
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• pp.563-568
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• 2012

In 2010 the Manila Amendments established the highest practicable standards for officers and engineers. This amendments includes knowledge, understanding, skills, and proficiency required for a deck officer in terms of the BRM (Bridge Resource Management) to reduce human errors, stated in the International Convention on Standards of Training, Cerification and Watchkeeping for Seafarers (STCW). This paper proposes a proper direction to improve BRM education program in Korea. In relation to the BRM program, its contents and education method were analyzed through the satisfactions survey for cadets and the experienced officers. As a consequence, this research gives several suggestions to improve the current BRM course.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.15 no.2
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• pp.32-39
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• 2007

Air Transportation industry becomes more competitive that the restriction on new access to market were eased and relaxed. Liberalization of international air transport will continue, via bilateral and multilateral process. Korea, Japan, and China have expanded enormously the economic trade and cultural exchange bilaterally in the Northeast Asia, they are acknowledging the importance and necessity of improved connection, it order to face effectively other regional blocks of US-Canada, NAFTA, ASEAN, CLMV. In particular, nobody denies that it is urgent to liberalize bilaterally the air transport in Northeast Asia for promoting reciprocal benefits and prosperity. Recently while open skies bilateral agreements was signed between Korea-China in June, 2006. The agreements processes are too heavily influenced by flag carriers; leading to capacity/market sharing between the bilateral carriers in most markets, against the interest of consumers and overall economic interest of the nation. For successful operation of Northeast Air Market, it is need to set up development strategy paradigm by creating cross-border sub-regional (Northeast Asian) open skies bloc as well as preparing and creating of LCCs operations.

• The Journal of Information Systems
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• v.19 no.4
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• pp.51-63
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• 2010

U-City applies ubiquitous information technologies such as RFID, GPS, USN to various components of city functions and services. The concept of U-City was popularized especially in Korea and currently more than 40 projects have been carrying out all over country. U-City incorporates advanced information communication technologies into ubiquitous information services to provide better quality of life. The purpose of this study is to analyze preferences for the U-City services by surveying experts in U-City developing companies. This study employs Analytic Hierarchy Process which is very useful tool for performing multi-criteria decision making. Total of 28 responses were used in the analysis. The results indicated that the first 7 most preferred items were from transportation and safety area and environment and healthcare area and 4 out of 6 items in transportation and safety area were ranked among them. It implies that respondents consider countering anxiety caused by congested traffic, natural disasters, crimes, etc most important aspect that U-City should deal with. On the other hand, U-Port, U-Convention, U-Logistics, U-Public Administration and U-City Portal were listed as the least preferred services.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2011.06a
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• pp.16-19
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• 2011

In 2010 Manila Conference, the revised STCW (International Convention on Standards of Training, Certification and Watch-keeping for Seafarers) of IMO recalled that a large percentage of maritime casualties and pollution incidents are caused by human error. Therefore, education and training improvement will play important role to reduce maritime casualties. From this, we focus on improving safety during sailing through upgrading the education and training for Korean cadets by updating maritime education and training program. In terms of a maritime education program from some of the maritime universities in the world such as United States Merchant Maritime Academy(USMMA) Philippine Merchant Marine Academy(PMMA), are compared to the Maritime University in Korea. As a result, we suggest an effective education system.

• Proceedings of the KSR Conference
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• 2008.06a
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• pp.2455-2462
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• 2008

Global warming has become one of the most important social responsibilities. After Kyoto protocol for greenhouse gas reduction by climatic change convention came into effect, developed countries are presenting various policies to reduce greenhouse gas that is produced in transport field. One of those policies is modal shift that change from road freight to sea, inland waterway and railway transportation that is eco-friendly. Because increase of road freight brings about road congestion and accident, logistics cost, air pollution and green house gases. Railways are superior to all other modes of transport in mass transportability, high speed, timeliness, safety and environmental-friendliness, but the railway industry has been pushed behind in competition. In developed country's government actively promoted relevant legislation, policies, and countermeasures known as modal shift policies to shift freight transport from road to large volume mode such as railway and ship. In this paper, we discuss the current situation in modal shift, compare it with cases in other countries EU and Japan, identify problems in Korea, and propose the following ways to enhance competitiveness of rail freight.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2012.06a
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• pp.107-109
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• 2012

This research studies on Bridge Resource Management (BRM )improvement method base on BRM questionnaire result which was conducted and participated by the mariners and cadets who finished the basic onboard training by STCW 2010 (The Convention on Standards of training, Certification and Watch-keeping for Seafarers) Code A. Through questionnaire result, this paper collected opinions and analyzed data above all of survey items, such as: Time, education times, education material etc relate on theory, practice, simulation, ${\ldots}$to suggest efficient BRM program.

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.65-85
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• 1992

The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, 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", it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor, after the goods have been accepted. According to the original Warsow Convention article 8, the air waybill must contain 17 particulars or items. However, the Hague Protocol reduced to three the number of particulars required to appear on the air waybill. Only one item is obligatory, namely, the notice that the carriage is subject to the rules of the Warsaw Convention. The absence of the air waybill entails unlimited liability of the carrier because it deprives him of the right to avail himself of the provisions of the Warsaw Convention which exclude or limit his liability. The consignor shall be liable for all damages suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the particulars and statements in the air waybill. Although the contract of the carriage of goods by air is not a formal contract, the document of carriage is issued. The issue of air wayhill is not essential for the existence or validity of the contract, but serves merely as a means of proof. The Hague Protocol has lessened the consequences of the carrier's neglect to faithfully accomplish the required formalities. Henceforth, these formalities no longer constitute legal obligations. The air waybill is the consignment note used for the carriage of goods by air. It is often called an air consignment note and is not a document of title or transferable/negotiable instrument. It is basically a receipt for the goods for despatch and is prima facie evidence of the conditions of carriage. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or cosignee of his rights under the contract of carriage. Oveall, it is an usage that under a documentary letter of credit, the consignee on the air waybill is the opening bank of the letter of credit, and the notify party is the importer who applied for the letter of credit. In Korea there is an usage as to process of cargo delivery in air transportation as follows: The carrier carries the cargo into the bonded area of the airport and gives both the notice of arrival of the cargo and the consignee's air waybill to the notify party who is the importer. Then the notify party obtains the Letter of Guarantee from the opening bank in exchange for reimbursing the amount of the letter of credit or tendering the security therefor to the opening bank. The notify party then presents this document to the customs authorities for the process of customs clearance. The opening bank becomes a consignee only to ensure repayment of the funds it has expended, and the only interest of the opening bank as consignee is the reimbursement of the money paid to the exporter under the documentary letter of credit. Just as the bill of lading in maritime law, the air waybill has always been considered negotiable although the Warsaw Convention does not emphasize this aspect of negotiability. However, the Hague Protocol article 4 corrected the situation by stating that "nothing in this Convention prevents the issue of a negotiable air waybill." This provision officially recognizes that the air waybill must meet the needs of the present day business circles by being a negotiable instrument. Meanwhile, Montreal Additional Protocol no. 4 has brought important changes. Registration by computer is acceptable and the parties to the contract of carriage are allowed to replace the air waybill with a receipt for the goods. In conclusion, as the Warsaw Convention has not details of provisions relating to the issuing of the negotiable air waybill, it is hoped that there should be supplement to the Warsaw Convention and establishment of international commercial usage with regard to the negotiable air waybill.