항공운송에서의 손해배상책임제도에 관한 연구

Abstract

A Study on the Liability for Damages in Air Carriage Under the Commercial Act

Seong Eun Kim

Department of Law, The Graduate School, Pukyong National University

Abstract

Due to the increase in national income and expansion in international interchange and global open skies, air transportation business has been consistently growing. Likewise, as air transportation business develops, judicial conflicts surrounding the growth has been increasing as well. In order to provide rights of passengers and shipper from these conflicts and rationally control the liability of airlines, Air Transport Act was enacted and implemented from November 24, 2011. Therefore, Air Transport Act suitable to our nation, a powerful air transportation nation, has been established and it has been expected to contribute significantly to protecting rights and interests of citizens who travel through airplanes. Air Transport Act is formed with a total of 3 chapters as chapter 1 deals with general rules, chapter 2 deals with transportation, and chapter 3 deals with liability for damage caused for 3rd person on ground. Amongst these chapter, chapter 2, the core regulation, defines the criteria related to passenger transport and transportation of goods as well as document of carriage. In chapter 3, liability for damaged caused for 3rd person on ground is defined. Among regulations, Carriage by air, Korean Commercial Code accepted contents of International agreement regarding liability system of air carrier in order to maintain consistency. Major agreement accepted by this regulation includes Montreal convention of 1999(Convention for the Unification of Certain Rules Relating to International Carriage by Air), Guadalajara Convention of 1961, Roman Convention of 1952, and Montreal Protocol of 1978, which is related to this. In addition, regarding criteria outside the regulation, it is set to maintain consistency with regulations of land transport and maritime transport within commercial law and provisions of land transport and maritime transport were applied or expressive methods were referred to. In this study, observation was made on regulation contents and issues such as liability of carrier as well as rights of consignor and consignee, document of carrige, carrier's liability on damage caused for 3rd person on ground, and other factors in terms of passenger transport and transportation of goods in Article 6 of commercial law. In addition, comparative studies were conducted between international agreement such as the Montreal Protocol and regulations for land transport and maritime transport in domestic commercial law as well as domestic and foreign court precedents. This study was conducted n hopes for Air Transport Act to contribute to the development of Korean air transport business as possible directions are suggested for air transport system of domestic commercial law. Also, it is desired that commercial law air transport business will develop into better directions through this study.