항공법,정책 : 여객 및 수하물의 연착으로 인한 항공운송인의 손해배상책임제도에 관한 연구

김지훈 ( Ji Hoon Kim ) 한국항공우주정책·법학회 2012 한국항공우주정책·법학회지 Vol.27 No.2

An aircraft has been one of the most important transportation means and disputes due to damage caused by delay of the aircraft happen many times out of ones related to the air transport. In 2011, the Air Transport Act in Commercial Law was established to regulate national air transport and the legislative system of air carrier`s liability to handle delay of passengers or baggage was legislated here. Although there are some clauses related to the legislative system of air carrier`s liability, they are very important because they deal with disputes due to damage caused by delay of the aircraft. The Air Transport Act in Commercial Law has a good point of adopting the global standard of 1999 Montreal Convention, but it has also a bad point of having the problems of 1999 Montreal Convention. There are some contents to be modified in the Air Transport Act in Commercial Law. First, the definition of ``Delay of Aircraft`` needs to be enacted because it is important to materialize air carrier`s liability due to damage caused by delay. Second, it is necessary to modify the clause in which air carrier`s liability due to damage caused by delay of passengers is divided into two things, one is in case of national air transport and the other is in case of international air transport, and the limited amount of air carrier`s liability in national air transport is eight times less than the latter because they are not so helpful to air carriers but too disadvantageous to aircraft passengers. Third, it is also necessary to amend the clause in which the limited amount of air carrier`s liability due to damage caused by loss·damage or delay of baggage has been legislated same without classifying the case into loss?damage and delay, because they are generally different from each other in terms of extent of damage, therefore the limited amount of air carrier`s liability by delay of baggage should be classified into in case of loss?damage and in case of delay. It is desired that the Air Transport Act in Commercial Law including the clauses related to air carrier`s liability by aircraft damage be developed continually by sufficient study and discussion about the necessity of amending it such as the one mentioned above.

항공운송인의 손해배상책임 원인에 관한 법적 고찰 -여객 손해배상책임을 중심으로-

소재선 ( Jae Seon So ),이창규 ( Chang Kyu Lee ) 한국항공우주정책·법학회 2013 한국항공우주정책·법학회지 Vol.28 No.2

Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passengertransportation accident is a need more discussion of legal discipline for this particular.Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the “working for the elevation” or “aircraft” on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of “working for the lifting of” the concepts defined in the same way from Warsaw Convention “accident”. In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the “personal injury” in the damage of the passenger is in the range of damages.If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence “for” intentional or negligent “Korean Air``s Terms” I considered judgment of compatibility is required, and that gross negligence is appropriate. The “Korean Air international passenger Conditions of Carriage”, airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

항공운송법 연구의 현황과 과제

이창재 한국항공우주정책⋅법학회 2023 한국항공우주정책·법학회지 Vol.38 No.2

With the implementation of the Montreal Convention, a significant disparity can be observed in the normative aspects of air passenger protection before and after its introduction. Due to advancements in air transportation technology, the occurrence of passenger deaths or bodily injuries and the subsequent compensation for damages have decreased in air transport law compared to the pre-Montreal era, which refers to the period before the 2000s. As a result, affirmative consumer-friendly legislation, surpassing the provisions of the Montreal Convention, has emerged to actively defend consumers' rights and interests. Additionally, amidst the COVID-19 pandemic in 2020, research focus in air transport law has shifted towards disputes arising from air transport contracts. This situation can be attributed to the mismatch between the evolving reality of air ticket purchases occurring through various e-commerce channels and the regulatory norms that fail to keep pace with these changes. In this study, the current trend was recognized, and the issues that necessitated attention in the Air Transport Act were introduced. Firstly, the essay addresses force majeure as a grounds for exemption from fulfilling obligations under an air transport contract. While the Montreal Convention does not directly mention force majeure, circumstances falling under this category can be resolved by inferring liability exemption provisions applicable to carriers during the performance of the contract of carriage. However, the specifics of force majeure, concerning the cancellation of the contract of carriage, must align with the contract terms or domestic law. Considering that force majeure has the effect of exempting liability for damages resulting from non-fulfillment of contractual obligations between private parties, it raises questions about whether it is appropriate to uniformly regulate force majeure under public law such as the "Aviation Business Act." Another problematic issue revolves around the extent to which compensation for mental damages suffered by passengers during air transportation is recognized. Although the Montreal Convention does not explicitly exclude mental damages, there is controversy regarding the interpretation of mental damages and whether they should be included within the scope of compensable damages. Presently, the prevailing view seems to be shifting from a position of not acknowledging mental damages at all to the view that mental damages, causally linked to bodily injury, should be included in the scope of compensation. One of the most contentious issues in recent air transportation law pertains to delays. Neither the Montreal Convention nor domestic law provides a clear definition of air delay damages, making it challenging to establish and prove such damages. Some legal precedents utilize the "two-step criterion" to evaluate an airline's defense of "all actions" when claiming compensation for delays. In other words, fault on the part of the airline is determined by considering both the airline's proactive measures to prevent damages and its subsequent efforts to mitigate damages. Regarding compensation for delay damages, Korean courts have issued unique judgments that interpret mental damages as part of the damages for delay. However, this theory can be criticized considering the exclusive and preferential application of the Montreal Convention or general principles governing the interpretation of international agreements. Today, air ticket sales occur through various channels due to the growth of commerce. Naturally, these different types of transactions possess varying legal relationships between the parties involved. However, Korean e-commerce laws and precedents generally recognize the joint liability of airlines and travel agencies in refunding the price of unused air tickets purchased online or through mobile platforms. In addition to the application of the Electronic Commerce Act to ticket sales, further disc... 몬트리올 협약이 출현을 계기로 이전과 이후는 항공 소비자의 보호에 관한 규범적인 측면에서 큰 격차를 목도할 수 있다. 항공운송기술의 발전에 따라 과거 여객의 사망이나 신체상해와 그에 대한 손해배상은 몬트리올 협약의 등장 이전인 2000년대 이전과 비교할 때 항공운송법 연구에서 차지하는 비중이 줄어들게 되었다. 대신 소비자의 권익을 적극적으로 옹호하게 되면서 몬트리올 협약을 능가하는 적극적인 보호입법이 출현하게 되었다. 그리고 2020년을 기점으로 코로나19 팬데믹을 거치면서 현재 항공운송법의 중점적인 연구대상은 항공운송계약상 분쟁이라 할 수 있다. 이러한 현황은 전자상거래의 보급으로 인해 다양한 채널을 통해 항공권 구매거래가 이루어지고 있는 현실과 이를 규율하기에는 시대의 변화에 보조를 맞추지 못하는 규범의 부조화가 초래하였다고 볼 수 있다. 본 연구에서는 이러한 시류를 인식하고, 항공운송법에서 중점적으로 다루어질 필요가 있을 것으로 생각되는 쟁점을 소개하였다. 먼저 항공운송계약상 의무불이행의 면책사유로서 불가항력에 관한 내용이다. 팬데믹 초기에는 전염병의 확산이 불가항력이 될 수 있을 것인지에 관해서조차 논란이 되었지만, 오늘날 전염병의 확대는 계약상 불가항력 사유에 해당함에 관해서는 대체로 의견이 일치된 것으로 볼 수 있다. 몬트리올 협약은 불가항력에 관한 직접적인 규정은 두지 않지만, 운송계약의 이행과정에서 발생한 운송인의 면책규정을 유추하여 불가항력 사정을 해결할 수 있다. 다만 운송계약의 해제와 관련한 불가항력에 내용은 당사자 사이의 계약내용이나 국내법에 따를 수 밖에 없다. 다만 불가항력은 사인간의 계약상 의무불이행에 관한 손해배상책임을 면제하는 효과가 있는 것인 점을 고려하면, 불가항력 사유를 「항공사업법」과 같은 공법에 일률적으로 규정하는 것이 적절한지 의문이다. 항공운송에 따른 여객의 정신적 손해배상의 인정범위도 문제이다. 몬트리올 협약은 명시적으로 정신적 손해배상을 배제하지는 않고 있다. 다만 해석상 정신적 손해를 배상범위에 포함시킬 것인지에 관해서는 논란이 있다. 오늘날 다수의 견해는 정신적 손해를 전혀 인정하지 않는 입장에서 신체상해와 인과관계가 인정되는 정신적 손해는 배상의 범위에 포함되는 것으로 보는 쪽으로 선회하고 있는 것으로 보인다. 다만 최근 미국 법원의 판례경향을 고려할 때 양자 사이의 인과관계의 정도는 점차 옅어지고 있다고 할 수 있다. 향후 동향을 주시해 볼 필요가 있다. 최근 항공운송법에서 가장 치열한 쟁점을 꼽으라면 지연손해를 들 수 있다. 몬트리올 협약이나 국내법에 따르면 항공 지연손해는 그 개념 조차 명확하지 않을 뿐만 아니라 증명도 힘들고 그에 대해 항공사는 광범위한 방어권을 행사할 수 있었던 이유로, 게다가 거의 특별한 사정에 해당하는 지연으로 인한 손해의 배상을 청구하기에 어려움이 있었다. 미국 연방법원의 일부 판례는 지연손해배상에 대한 항공사의 ‘모든 조치’의 항변을 판단함에 있어서 이른바 ‘2단계 기준설’을 채택하고 있다. 항공사의 사전적인 손해 방지노력과 사후적인 손해 경감노력을 함께 고려하여 항공사의 귀책여부를 결정하겠다는 것이다. 지연손해의 배상과 관련하여 우리나라 법원은 다소 이채로운 판결을 도출하고 있는데 지연손해의 범위에 정신적 손해를 포함하여...

미국 연방법규상 항공여객보호제도에 관한 연구

이창재 ( Chang Jae Lee ) 한국항공우주정책·법학회 2013 한국항공우주정책·법학회지 Vol.28 No.2

Recently, U.S. Department of Transportation (DOT) expanded the “Enhancing Airline Passenger Protections” on August 23, 2011 and October 24, 2011. The Rule regulates tarmac delays, denied boarding compensation, customer service plans, and fare advertising. The adopted rule is to protect passengers by improving passenger service requirements on U.S. national or domestic carriers and foreign air carriers as well. The major issues are as follows:First, regarding to so called Tarmac Delay, carriers must establish a Tarmac Delay Contingency Plan setting forth the number of hours the carrier will permit an aircraft to remain on the tarmac at U.S. airports before allowing passengers to deplane. Carriers also must provide passengers with food and water in the event the aircraft remains on the tarmac for two or more hours and must provide operable lavatories and medical attention while the aircraft remains on the tarmac, irrespective of the length of the delay. Carriers also must create and retain records regarding tarmac delays lasting more than three hours. Also they need to update passengers every 30 minutes during a tarmac delay of the status of the flight and the reason for the delay, allow passengers to deplane if the aircraft is at the gate or another disembarkation area with the door open.Second, carriers now must adopt a “Customer Service Plan” that addresses offering customers the lowest fares available, notifying customers about delays, cancellations,and diversions; timely delivery of baggage; accommodating passengers’ needs during tarmac delays and in “bumping cases”; and ensuring quality customer service.Third, the new regulations also increase minimum denied boarding compensation limits to $650 / $1,300 or 200% / 400% of the fare, whichever is less. Last, the DOT also has modified its policies related to enforcement of Rules pertaining to full fare advertising. The Rule states that the advertised price for air transportation must be the entire price to be paid by the customer.Similarly, Korea revised the passenger protection clauses within Aviation Act.However, it seems to be required to include various more issues such as Tarmac Delay, oversales of air tickets, involuntary denied boarding passengers, advertisements, etc.

Delay and Energy Constrained Random Access Transport Capacity

Ilmu Byun,Byung Hoon Ko,Ki Jun Jeon,Kwang Soon Kim IEEE 2014 IEEE TRANSACTIONS ON WIRELESS COMMUNICATIONS Vol.13 No.8

<P>In this paper, we consider a delay and energy constrained wireless ad hoc network with node density of λ<SUB>n</SUB>, where a packet should be delivered to the destination within D(λ<SUB>n</SUB>) seconds using at most E(λ<SUB>n</SUB>) energy in joules while satisfying the target outage probability. The performance metric for analyzing the network is the delay and energy constrained random access transport capacity (DE-RATC), i.e., $C<SUB>ϵ</SUB>(D(λ<SUB>n</SUB>), E(λ<SUB>n</SUB>), which quantifies the maximum end-to-end distance weighted rate per unit area of a delay and energy constrained network using a random access protocol. It is shown that a slotted ALOHA protocol is order-optimal under any delay and energy constraints if equipped with additional features such as power control, multi-hop control, interference control, and rate control, and the delay and energy constraints can be divided into three regions according to the relation between the physical quantities due to the constraints and those due to the node density and network size. The three regions are the non-constrained (NC) region, where the DE-RATC is given by Θ(√λ<SUB>n</SUB>/logλ<SUB>n</SUB>); the delay-constrained (DC) region, where the DE-RATC depends only on the delay constraint as Θ(D(λ<SUB>n</SUB>); and the non-achievable (NA) region where a packet delivery under the given constraints is impossible. Also, it is shown that an arbitrary tradeoff between the rate of each source node and the number of source nodes can be achieved while keeping the optimal capacity scaling as long as λ<SUB>s</SUB>=Ω√λ<SUB>n</SUB>/logλ<SUB>n</SUB>, Dλ<SUB>n</SUB>))).</P>

항공운송법의 계약법적 재구성 - 항공여객운송에서 소비자 보호의 법리

유인호 ( Yoo In Ho ) 서울지방변호사회 2019 변호사 Vol.51 No.0

Under the air passenger contract, the carrier must transport passengers safely and promptly within the agreed delivery time. The problem is that the carrier's obligations have been obstructed. In this case, the doctrine of “breach of contract” and “burden of risk” will be developed according to whether or not it is attributed. Commercial law does not limit the amount of liability except delay of flight. Even if the amount of liability is limited, contractual legal issues such as force majeure, extraordinary damage, and disclaimer clauses will follow. However, air transportation is based on passenger transportation, not cargo transportation. Passengers are powerless consumers with carriers. It is a well-known fact that the background of the birth of the Montreal Treaty is in consumer protection. Therefore, the law of the transportation company which is developed in the land transportation and marine transportation should be reconsidered. More principles for consumer protection should be applied and developed.

신뢰성 있는 무선 미디어 전송을 위한 네트워크 적응형 전송오류 제어

이철호(Chul-Ho Lee),최정용(Jeong-Yong Choi),권영우(Young-Woo Kwon),김종원(JongWon Kim),신지태(Jitae Shin),전동산(Dong-San Jeon),김재곤(Jae-Gon Kim) 한국방송·미디어공학회 2005 방송공학회논문지 Vol.10 No.4

In wireless network environments, wireless channels are characterized by time-varying fading and interference conditions, which may lead to burst packet corruptions and delay variation. This can cause severe quality degradation of streaming media. To guarantee successful transmission of media over the hostile wireless networks, where channel conditions are highly fluctuating, a flexible and network-adaptive transport method is required. Thus, we propose a network-adaptive transport error control consisting of packet-level interleaved FEC and delay-constrained ARQ, which acts as an application-level transport method of streaming media to alleviate burst packet losses while adapting to the changing channel condition in wireless networks. The performances of the proposed network-adaptive transport error control, general error control schemes, and hybrid schemes are evaluated by a developed simulator at the transport-level and video quality of streaming media. Simulation results show that the proposed mechanism provides the best overall performance among compared other schemes in terms of the transport-level performance of error control and the performance of video quality for streaming media.

Hole-Transporting Side-Chain Polymer Bearing a Thermally Crosslinkable Bicyclo[4.2.0]octa-1,3,5-trien-3-yl Group for High-Performing Thermally Activated Delayed Fluorescence OLED

Jeong, Cheol Hun,Godumala, Mallesham,Yoon, Jiwon,Choi, Suna,Kim, Yong Woo,Choi, Dae Hyuk,Cho, Min Ju,Choi, Dong Hoon American Chemical Society 2019 ACS APPLIED MATERIALS & INTERFACES Vol.11 No.19

<P>A new side-chain polymer (<B>X-TPACz</B>) bearing hole-transporting pendant groups accompanying a thermally crosslinkable entity was synthesized using <I>N</I>-([1,1′-biphenyl]-4-yl)-<I>N</I>-(4-(9-(4-vinylbenzyl)-9<I>H</I>-carbazol-3-yl)phenyl)bicyclo[4.2.0]octa-1(6),2,4-trien-3-amine (<B>6</B>) via addition polymerization. The <B>X-TPACz</B> could be spontaneously crosslinked without using any further reagents and showed a good film-forming property upon low-temperature thermal treatment. The thermal curing temperature for the <B>X-TPACz</B> film was optimized to be 180 °C based on a differential scanning calorimetry thermogram. Moreover, the thermal degradation temperature of <B>X-TPACz</B> measured to be over 467 °C using thermogravimetric analysis demonstrated that it shows excellent thermal stability. In particular, <B>X-TPACz</B> exhibits the highest occupied molecular orbital (HOMO) energy level to be −5.26 eV, which is beneficial for facile hole injection and transportation. Consequently, the thermally activated delayed fluorescence organic light-emitting diodes fabricated using <B>X-TPACz</B> as the hole-transporting material showed state-of-the-art performances with a low turn-on voltage (<I>V</I><SUB>on</SUB>) of only 2.7 V and a high external quantum efficiency (EQE) of 19.18% with a high current efficiency (CE) of 66.88 cd/A and a high power efficiency (PE) of 60.03 lm/W, which are highly superior to those of the familiar poly(9-vinylcarbazole) (PVK)-based devices (<I>V</I><SUB>on</SUB> = 3.9 V, EQE of 17.42%, with CE of 58.33 cd/A and PE of 33.32 lm/W). The extremely low turn-on voltage and high EQE were found to be due to the higher-lying highest occupied molecular orbital energy level (<I>E</I><SUB>HOMO</SUB> = −5.23 eV) and better hole-transporting property of <B>X-TPACz</B> than those of PVK.</P> [FIG OMISSION]</BR>

Allan-Herndon-Dudley Syndrome 환아에서 발견된 novel c.826G>A Mutation

신은경(Eun-Kyung Shin),박병한(Byung Han Park),문진화(JinHwa Moon),김자혜(Ja Hye Kim),유한욱(Han-Wook Yoo),김구환(Gu-Hwan Kim) 대한소아신경학회 2017 대한소아신경학회지 Vol.25 No.3

Allan-Herndon-Dudley syndrome (AHDS) is an X-linked intellectual disability caused by monocarboxylate transporter 8 (MCT8) deficiency. AHDS manifests in global developmental delay, axial hypotonia, quadriplegia, movement disorders in male patients, and most of them show the delayed or hypomyelination on brain magnetic resonance images. Typically, Triiodothyronine (T3) levels are markedly elevated, thyroid stimulating hormone (TSH) levels are normal or elevated, and free thyroxine (T4) levels are normal or decreased. In AHDS patients, early neurological manifestations are easily mistaken as cerebral palsy with unknown origin. Here, we present a novel c.826G>A mutation in a boy with severe axial hypotonia, limb dystonia and developmental delay. Thyroid function test including TSH, T3, and free T4 levels was the important clue for the diagnosis of AHDS of the patient.

항공법,정책 : 중국 항공운송법의 현황 및 주요내용과 앞으로의 전망: 항공운송인의 책임을 중심으로

이화 ( Hua Li ) 한국항공우주정책·법학회 2011 한국항공우주정책·법학회지 Vol.26 No.1

China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger`s interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier`s liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier`s liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier`s liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier`s liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.