商法 航空運送編 制定試案의 問題點 檢討

Recently, thanks to the rapid development of the manufacturing technique of aircraft, the importance of carriage by air in the international transportation of passengers is much increasing. Thus the carriage by air is much higher than that of any others(e.g., sea transportation etc.) in the international transportation of passengers. Generally, air carriage of passengers is operated at an altitude of more than thirty hundred feet. Thus air transportation is always confronted with the occurrence of air accidents giving rise to complications between air carrier and the victim. For the mediation of controversy being concerned with liability of compensation for damages between the two parties, international cooperations(e.g., Warsaw Convention of 1929, Montreal Convention of 1999 etc.) are accomplished in the private law relating to air carriage. But there is no regulations on the complications between air carrier and passengers and consignors in Korea. In 2008, to solve this problems the Ministry of Justice has made the draft bill on the carriage by air. This draft bill applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking. But there are many problems in the draft bill on carriage by air made by the Ministry of Justice. In this paper, thus, I have investigated the legal problems of provisions of the draft bill with regard to advance payments, successive carriage, actual carrier & contracting carrier, limitation of actions, scope of application of draft bill on the carriage by air, liability of the carrier and extent of compensation for damage, air carrier's right of disposition of cargo etc.. And I have suggested the measures for Improvement on the Legal Problems of the Draft Bill on Carriage by Air under the Current Laws.