• Title/Summary/Keyword: courier law

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A Study on the Legal Aspects of International Express Courier Business (현행 항공법상 상업서류 송달업의 문제점과 입법방향)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.125-147
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    • 2011
  • Considering a trend of logistics and transport industry in these days, it can be said that international express courier service is one of the most familiar transport type to the general public. Especially in Korea, due to development of electronic commercial transaction and the popularity of television home shopping, it can easily anticipated that express courier business will continuously grown in the future. However, the legal basis for international express courier is not properly set up so far. The only clause about this can be found on Korean Aviation Law said as 'commercial documents delivery business'. The origin of the commercial documents delivery business in Aviation Law is to make exception from public postal services which has been exclusive status as monopoly based on the Korean Postal Law. Basically, according to this regulation, all the private postal delivery is prohibited except some sort of commercial documents such as consignment notes, packing list, invoice etc. Thus, those documents could be delivered not only by public postal services but also by private courier company according to the Korean Postal Law. This waiver has probably come from under developing condition of Korean postal circumstances, however it should be revised according to the modernized business practice. Reflecting these revisions, the articles of Korean Postal Law adopted 'international express courier document' as the exception of postal service. Therefore, Korean Aviation Law also needs to be revised as Postal Law in due course. In addition to revision of Korean Aviation Law, some sort of new legislation is required to govern the private legal aspects such as legal liabilities, duties and rights of each parties on international express courier. This should be governed by 'law' not by 'terms and conditions' provided by business operators. Furthermore, to support and develop the current domestic logistics companies as international express courier company, it is required to regulate with the separate express courier law.

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Some Problems in the Official Commentary on UCP 600 published by KCCI (대한상공회의소 발간 "UCP 600 공식 번역 및 해설서"상의 문제점과 그 보완에 관한 연구)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.38
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    • pp.71-96
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    • 2008
  • Letters of Credit are the most common method of payment for goods in the export trade, and banking practice relating to letters of credit is standardised by the Uniform Customs and Practice for Documentary Credits, which are a set of rules issued by the International Chamber of Commerce. The current version is UCP 600, which took effect on July 1, 2007. To assist the practitioners of Documentary Credits, the KCCI(Koea Chamber of Commerce and Industry) authorised a new publication-Official Commentary on UCP 600. This new publication added the word "official" in the title. In order to being an official commentary, the terms and expression should be correct and unified. But there is some problems in official commentary and legal phraseology. The problem was appeared that ICC UCP 600's were translated into Korean UCP 600 version. For example, "Issuing Bank", "Applicant", "Port of discharge", "A date of pick-up", "Shipper's load and count", "Courier Receipt", "Charter Party", "Bill of Lading", "Cover Note", "Exclusion Clause", "Insurance Certificate", "Declaration, Underwriter". If can be used 'Official Commentary on UCP 600', the above statements should be a compliment though take a wide professional opinions or held a public hearings. The Purpose of this paper is to point out the problems and substitute the term used and unify the expression in official commentary.

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A study on air related multimodal transport and operator's legal liabilities (항공연계 복합운송의 현황과 손해배상책임 - 대법원 2014.11.27. 선고 2012다14562 판결을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.3-36
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    • 2016
  • Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

Contingency Model to Increase the Uptake of Higher Education Graduates in the Job Market

  • TRISNANINGSIH, Sri;SUTRISNO, Sutrisno;PERMATASARI, Yani;HENDRA, Failasuf Herman;SULISTYOWATI, Erna
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.4
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    • pp.197-203
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    • 2020
  • This study investigates graduate competencies that can improve the uptake of higher education graduate outcomes in the working environment in Indonesia. This research was conducted by collecting data through sending questionnaires directly by the research team, via courier, or via postal service to respondents. A survey with questionnaire is carried out on April 2019, and the data from 117 respondents was analyzed. The sample population was all private higher education in the area of the I-XIV Higher Education Service Institution in Indonesia. This study employs factor analysis and structural equation modelling. The results show that the Graduates' competencies had a significant direct effect on the uptake of higher education graduates in the job market. The indirect effect of a Diploma Supplement and networking as mediation has a level of influence that is higher than the direct effect of graduate competence on the uptake of higher education graduate outcomes in the job market. The findings suggest that the Diploma Supplement and networking can increase the uptake of higher education graduates in Indonesia as expected by stakeholders and be able to compete in the global or international scale of environmental working. The professionalism of lecturers has a significant influence on the quality of learning.

Improvement of Application Criteria of Pull Code Switch for Conveyor Accident Prevention (컨베이어 사고 예방을 위한 풀 코드 스위치 적용기준 개선)

  • Seo, Jae Min;Park, Ji Hoon;Baek, Jong-Bae
    • Journal of the Korean Society of Safety
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    • v.34 no.5
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    • pp.153-158
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    • 2019
  • It is estimated that about 2,515 persons have been injured by conveyor for the past five years(2013 ~ 2017). Conveyors used in various industrial sites for transporting iron ore, coal, courier goods, etc., have various incidents such as a worker putting on or pulling a part of the body or work clothes on the driving part during maintenance. It is necessary for preventing similar accidents to conduct various researches. In order to propose the basis for revising laws and standards for the safety standards of the full cord switch to prevent conveyor accidents, this study compares Korea's Industrial Safety and Health Law (KISHL) with those of IEC, EN, Canada, and Australia. In addition, surveys of conveyor use plant and full cord switch domestic and foreign manufacturers was conducted. In this study, domestic and overseas related laws and technical standards compare and analyze to prevent conveyor accidents. In addition, we propose extension of safety certification for full code switch, establishment of safety inspection standard, and improvement of working method regulation through actual working condition investigation. It can be used as a basis for revising the occupational safety and health regulation and related notices, and thus contributing to enhancing the safe atmosphere of the conveyor business and improving the safety consciousness of the concerned persons.

Modeling and Trends of Road Transport Development in Eastern European Countries

  • Viktoriia Harkava;Olena Pylypenko;Oleksandr Haisha;Armen Aramyan;Volodymyr Kairov
    • International Journal of Computer Science & Network Security
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    • v.24 no.3
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    • pp.189-195
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    • 2024
  • Road transport occupies the largest share in domestic and international transport. It is of key importance for the development of the economy, forasmuch as it provides the livelihood of the population, the development of the national economy, the possibility of establishing foreign economic relations. The purpose of the research is as follows: analysis of the current state of functioning of the road transport sector in Eastern Europe and identification of key problems and trends in its development. Research methods: Methods of grouping, comparison and generalization, correlation analisys have been used to identify the dynamics of the main indicators of road transport in Eastern Europe. The method of correlation-regression analysis has been applied to determine the impact of increasing the length of roads on the turnover of the road freight transport and the number of employed population in this area. Results. It has been found that the increase in the employed population by 96% and increase in revenues from transportation and storage of goods, postal and courier services (turnover of the road freight transport - in the original language) in the field of road transport by 82% is explained by the change in transport infrastructure capacity by increasing length of highways. According to the correlation analysis, it has been revealed that there is a high direct dependence between the length of roads and increased revenues from transportation and storage of goods in the field of road transport, as well as between the length of roads and increasing employment in this area.