• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.303-328
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• 2000

International Trade has led to the increase of the demand of international transport, and also the development of transport vehicles has been promoting the volumes of international trade. Therefore, the development of international transport not only incurs claims concerning transportation but also establishes various international rules to settle the claims between the shippers and the carriers in the course of transport. With a view to settling the claims successfully, the men who are concerned in the transport have to know the principle and scope of carrier's Liability. In this paper, I would like to find out the principle of Liability for the shippers. Therefore, I classify the Liability principle of the international transporter under the UNs Convention on International Multimodal Transport of Good(1980) and UNCTDAD/ICC Rules(1991) in three system - Network Liability System, Uniform Liability System and Modified Uniform Liability System.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.155-181
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• 2001

International Trade has led to the increase of the demand of international transport, and also the development of international transport not only incurs claims concerning transportation but also establishes various international rules to settle the claims between the shippers and carriers incurred in the course of transport. With a view to settling the claims successfully, the men who are concerned in the transport have to know the principle and scopes of carrier's liability. In this paper, I would like to find out the scopes of liability of multimodal carriers based on the principles of liability. In order to perform the purpose of this study, I classify the liability principle of the international carrier under the UNs Convention on International Multimodal Transport of Good(1980) and UNCTDAD/ICC Rules(1991) in three system-Network Liability System, Uniform Liability System and Modified Liability System. And that I show the results-the scopes of multimodal carriers' liability based on the UN's Multimodal Convention(1980) and the ICC/UNCTAD Rules(1991), and transport vehicles.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.145-168
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• 2018

The purpose of this paper is to introduce the limitation of liabilities of multimodal transport operators(MTO) in Korea. Also, this paper reviews the revised draft of Korean Commercial Code in 2015. This paper analyzes Korean multimodal transport systemand the limitation of liabilities of MTO by analyzing articles, regulations and practices of Korean Commercial Code and it's the draft in 2015. The paper, also, studies multimodal transport rules by comparing specifically international treaty, rules, or practices. In Korea, Article 816 of Commercial Code treats multimodal transportation adopting the network liability regime. The Article describes only the case of the multimodal transportation where the maritime carriage is engaged. Korea proposed the draft of multimodal transport regulation of Commercial Code in 2015 because present law could not apply for the multimodal transportation involved in the air or land carriage. This paper support the draft of Korean Commercial Code in 2015 because it is necessary to make a predictable legal system of multimodal transport and the limitation of liability reflecting practices or customs.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.327-348
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• 2016

Under the Korean legal system, as an actual carrier is not the contractual party to the contract for carriage of goods by sea, it has been tortiously liable for the damage to, or loss of cargo, should there be the negligence by its part. However, the Rotterdam Rules introduces a revolutionary liability regime for the actual carrier. According to the Rotterdam Rules, the liability of the actual carrier is same with that of a contractual carrier with the result that a shipper is entitled to bring the direct action to the actual carrier, as well as the contractual carrier on the same basis. Nevertheless, it is expected to take long time for the new approach in respect of actual carrier's liability to be confirmed by many countries, and furthermore most of shipping countries including Korea still adopt the Hague-Vis by Rules where the shipper is not allowed to bring the direct action to the actual carrier. This study reviews on whether or not the alteration of actual carrier's liability based on Rotterdam Rules would be reasonable, considering the current Korean legal system. Furthermore, this study, whilst recognizing that the overall introduction of the new liability regime is somewhat premature, suggests the imposition of contractual liability to the actual carrier from a long-term perspective. Having in mind that the article 809 of the Korean Commercial Act allows the shipper to bring the direct action to the shipowner only in the case that a time charterer is the contractual carrier, this study explores a method to apply the contractual liability to the actual carrier in the case that a slot charterer or freight forwarder is the contractual carrier, in order to establish the uniform liability system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.133-162
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• 1999

The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.9-28
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• 2003

The Warsaw Convention of 1929 and the amendments thereto including the Hague Protocol, Montreal Protocols Nos. 1,2,3 and 4, the Guadalajara Convention and the IATA Intercarrier Agreements, which are the rules (as called "War saw System") have played as a major rule in the international air transportation for more than 70 years, will be replaced by the Montreal Convention of 1999 for its effectiveness on November 4, 2003. While a major portion of the Montreal Convention follows the language of the Warsaw System, the Montreal Convention makes significant changes to the scope and extent of the carrier's liability, expands the jurisdictions where the carrier can be sued, and recognizes the effect of code sharing on air carrier liability. The Montreal Convention heralds the single biggest change in the international aviation since the diplomatic efforts in the mid-1920's which resulted in the enactment of the Warsaw Convention. Until now, the legal liability of almost all the international air carriers has been governed by the Warsaw System. The Montreal Convention incorporates provisions of these instruments to create a single document and to set a uniform regime for carrier liability in international transportation. At the same time the issue of the low liability limits of the Warsaw has been resolved to a more satisfactory level in the Montreal Convention. The Convention has been hailed as consumer friendly and progressive in nature. If this Convention is ratified by Korea, the virtual elimination of the liability limits between the passengers and the airlines will become law by treaty. The airlines in Korea as well as Korean consumers of international air carriage will immensely benefit from the ratification. As opposed to the Warsaw Convention, the Montreal Convention has been described to be the one that is no longer a Convention for airlines, but it would serve the interests of both the consumers and the air carriers.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.181-210
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• 2010

The continuing advance of multimodal transport with the importance for efficient and effective logistics management emphasizes the need for uniform legal approach to international multimodal transport. However, the current fragmented instrument regulating such transport is being an obstacle to development of multimodal transport as it aggravates confusion and uncertainty. The Rotterdam rules, which was adopted in December 2008 by UNCITRAL, expands its scope of application to door-to-door transport. However, the new rules has some problems in its application to multimodal transport operation as it has been conceived not to regulate general multimodal carriage but to regulate contract of carriage by sea that extends its services to the transport by other modes. This article examines conflict of conventions in the Rotterdam Rules. The applicability of the Rotterdam Rules in international multimodal transport contract and possibility of potential conflict with other transport conventions are analyzed with some hypothetical cases. Furthermore, problems arising from application of the Rotterdam Rules under international multimodal transport Contracts are indicated in the chapter IV.

• The Transactions of The Korean Institute of Electrical Engineers
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• v.60 no.6
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• pp.1274-1279
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• 2011

The purpose of this paper is to present the manufacturing defect and damage pattern of a 3 phase 22.9/3.3kV oil immersed transformer, as well as to present an objective basis for the prevention of a similar accident and to secure data for the settlement of PL related disputes. It was found that in order to prevent the occurrence of accidents to transformers, insulating oil analysis, thermal image measurement, and corona discharge diagnosis, etc., were performed by establishing relevant regulation. The result of analysis performed on the external appearance of a transformer to which an accident occurred, the internal insulation resistance and protection system, etc., showed that most of the analysis items were judged to be acceptable. However, it was found that the insulation characteristics between the primary winding and the enclosure, those between the ground and the secondary winding, and those between the primary and secondary windings were inappropriate due to an insulating oil leak caused by damage to the pressure relief valve. From the analysis of the acidity values measured over the past 5 years, it is thought that an increase in carbon dioxide (CO2) caused an increase in the temperature inside the transformer and the increase in the ethylene gas increased the possibility of ignition. Even though 17 years have passed since the transformer was installed, it was found that the system's design, manufacture, maintenance and management have been performed well and the insulating paper was in good condition, and that there was no trace of public access or vandalism. However, in the case of transformers to which accidents have occurred, a melted area between the upper and the intermediate bobbins of the W-phase secondary winding as well as between its intermediate and lower bobbins. It can be seen that a V-pattern was formed at the carbonized area of the transformer and that the depth of the carbonization is deeper at the upper side than the lower side. In addition, it was found that physical bending and deformation occurred inside the secondary winding due to non-uniform pressure while performing transformer winding work. Therefore, since it is obvious that the accident occurred due to a manufacturing defect (winding work defect), it is thought that the manufacturer of the transformer is responsible for the accident and that it is lawful for the manufacture to investigate and prove the concrete cause of the accident according to the Product Liability Law (PLL).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.183-203
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• 2001

To accomplish international electronic commerce via the Internet, the most serious dilemma is the international payment system. The BBL is a secure and effective electronic commerce framework for the replacement of traditional paper documents by electronic messages via the Internet providing significant benefits in terms of cost savings, improved logistics and reduced errors in documentation. The most important legal obstacles in the BBL are how to secure authenticity, non-repudiation and message integrity as well as the status of negotiability equivalent to paper B/L. These kinds of functions may be carried out through the electronic title registry of the Bolero International Limited. The technical structure is supported contractually by the Bolero Rulebook. And other documents except B/L can be made out without any legal or technical problems. What are the handicaps of the BBL in its practical use at this time? I can summarize the current and expected problems as follows: First, the fee to join Bolero Association Limited is burdensome to sellers, buyers and trade related organizations all over the world. Second, the liability in errors or defaults in operating central data registry of Bolero International Limited is limited to U.S.$100,000. The amount is not sufficient to the many bulk cargo owners to cover the damages. Third, businessmen are used to traditional paper documents; therefore it takes much time for them to change their customs and practices. So the BBL and traditional papers would be used simultaneously for the time being. Finally, it is very important to incorporate the Rulebook, a multilateral contract binding on all users signed, in each domestic law, which will accomplish the uniform law basis.