항공운송편 제정안의 주요 쟁점 (Main Issues in the Draft of Part VI (the Carriage by Air) of the Korean Commercial Code)

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· 저자명 : 최준선

초록

For the international carriage of air, the Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage, was adopted by a Diplomatic meeting of ICAO member states in 1999. However, no rule has existed regarding the domestic carriage of air, and most legal affairs were settled down pursuant to the general conditions that are commonly used by the air carriers who are in service in Korea. Thus, early this year, the Ministry of Justice decided to enact Part VI of the Korean Commercial Code, which will provide rules and regulations on the domestic carriage by air. The draft was completed in July 2008, and the bill is now being reviewed by the Ministry of Government Legislation.

This Article looks over the structure of the bill and discusses several issues of the draft, such as the basic idea of the legislation, the scope of application, the claims other than those derived from the contract of carriage (tort), the claims against actual carrier, the termination of the air carrier's liability, the liability of Carrier with respect to each passenger's death, wounding or other bodily injury, liability regarding the cargo and luggage, the disposal right of shipper, the air transport documents and the damage caused by foreign aircraft to third parties on the surface.

Many rules that are adopted in the draft are similar to that of the Montreal Convention and that of the Rome Convention 1952 (the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface), resulting most provisions comply to that of both Conventions (the Montreal Convention, 1999 and the Rome Convention, 1952). The writer believes that this scheme is very appropriate considering the fact that it is desirable for the rules on the carriage by air to be unified despite the sphere of application, international or national.

영어초록

For the international carriage of air, the Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage, was adopted by a Diplomatic meeting of ICAO member states in 1999. However, no rule has existed regarding the domestic carriage of air, and most legal affairs were settled down pursuant to the general conditions that are commonly used by the air carriers who are in service in Korea. Thus, early this year, the Ministry of Justice decided to enact Part VI of the Korean Commercial Code, which will provide rules and regulations on the domestic carriage by air. The draft was completed in July 2008, and the bill is now being reviewed by the Ministry of Government Legislation.

This Article looks over the structure of the bill and discusses several issues of the draft, such as the basic idea of the legislation, the scope of application, the claims other than those derived from the contract of carriage (tort), the claims against actual carrier, the termination of the air carrier's liability, the liability of Carrier with respect to each passenger's death, wounding or other bodily injury, liability regarding the cargo and luggage, the disposal right of shipper, the air transport documents and the damage caused by foreign aircraft to third parties on the surface.

Many rules that are adopted in the draft are similar to that of the Montreal Convention and that of the Rome Convention 1952 (the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface), resulting most provisions comply to that of both Conventions (the Montreal Convention, 1999 and the Rome Convention, 1952). The writer believes that this scheme is very appropriate considering the fact that it is desirable for the rules on the carriage by air to be unified despite the sphere of application, international or national.

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