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논문 상세정보

상사법연구 , 2009년, pp.441 - 475  
본 등재정보는 저널의 등재정보를 참고하여 보여주는 베타서비스로 정확한 논문의 등재여부는 등재기관에 확인하시기 바랍니다.

旅客의 人的 損害에 대한 航空運送人의 責任 -2008년 商法 航空運送編 制定案을 중심으로-
Air Carrier's Liability for Damage of Death or Bodily Injury of a Passenger - Focusing on the Draft Bill of the Domestic Carriage by Air Act -

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    For the international carriage by air, the Montreal Convention wasadopted by a Diplomatic Meeting of ICAO Member States in 1999. Inaddition, Montreal Convention has become effective in Korea as from 29December 2007. There was no rule, however, regarding the domesticcarriage by air. Therefore most legal affairs regarding the domesticcarriage by air were settled down pursuant to the general conditionsused by air carriers in Korea. Thus the Ministry of Justice decided toenact Part Ⅵ of the Korean Commercial Code which will provide rulesand regulations on the domestic carriage by air and the Part Ⅵ(hereinafter referred to as a “Draft Bill of the Domestic Carriage by AirAct”) which was prepared based on the Montreal Convention waslegislated shortly.The article 904(1) of the Draft Bill of the Domestic Carriage by AirAct provides that the carrier is liable for damage sustained in case ofdeath or bodily injury of a passenger upon condition only that theaccident which caused the death or injury took place on board theaircraft or in the course of any of the operations of embarking ordisembarking. And the Draft Bill of the Domestic Carriage by Air Act provides that exoneration(§898), limitation of actions(§902), invalidity ofcontractual provisions(§903), compensation in case of death or injury ofpassengers(§905), advance payments(§906). But the Draft Bill of theDomestic Carriage by Air Act was prepared based on the MontrealConvention. Thus the Montreal Convention is playing a very importantrole in the Draft Bill.In this paper, I analyzed the legal problems(such as the concept andscope of air carrier, operations of embarking or disembarking, bodilyinjury and the appropriateness or effectiveness of air carrier's liability,exoneration, limitation of actions, compensation in case of death orinjury of passengers and advance payments etc.) of provisions on the aircarrier's liability for damage sustained in case of death or bodily injuryof a passenger in the Draft Bill of the Domestic Carriage by Air Act incomparison with Warsaw Convention 1929, Hague Protocol 1955 andMontreal Convention 1999. And I proposed the reform measures forsettlement of such problems of the Draft Bill of the Domestic Carriageby Air Act.


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