航空輸送責任論
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概要
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Multifarious factors such as continuing economic advances, increasing national income, and enlarging cultural exchange between nations have contributed to the outstanding growth of the air transportation industry in Korea. However, as the air transportation industry has matured, private legal conflicts associated with it have also become fiercer, and it is easy to predict that conflicts will be more serious in the future. What is worse, the lack of laws to regulate these legal relationships has produced a lot of confusion. Accordingly, there is an urgent need to repair this legal crisis for three main reasons. This paper presents these three reasons. Firstly, those provisions on the case of aircraft accidents had fundamental limitation to maintain legal safety because the agreements easily lose their validity. Consequently, air carrier services in Korea require immediate action to enact laws related this situation. Secondly, Korea is a signatory of the Hague Protocol 1995 and the Montreal Convention1999, these protocols and conventions will be applied when a conflict takes place between Korea and other high contracting parties. However, when an international air transportation-related conflict occurs between Korea and a party that has not signed onto the aforementioned agreements, the dispute cannot be resolved by those agreements. Accordingly, there is an urgent need to iron out this difficulty that arises from this state of legal panic by developing better municipal transportation laws. Moreover, when the two treaties can be applied in one situation in the field of international air transportation, the only way to clarify the problem is by adopting municipal laws if there is any allowance for that in the treaties. It requires to establish a new municipal law which can surely deal with problems. Thirdly, there is a requirement on the rise to protect third parties on the surface who are damaged by aircraft. In Korea, thought, there is any express provision or law to regulate such protections, and this aspect causes the conclusion that we only have one solution to settle the problem, which is to apply limited liability though Korean Civil Law concerning cases of unlawful acts.