상법상 항공운송인의 물건운송에 대한 손해배상책임 규정 검토

After The Korean government enacted the Part VI of Korean Commercial Code(herein after as “KCC”) as the Part of the “Carriage by Air” and the enactment of the Part VI is effective from November 24, 2011. Even though the Korean government ratified the Montreal Convention of 1999(Convention for the Unification of Certain Rules for International Carriage by Air, Signed at Montreal on 28 May 1999) on September 20, 2007 that became effective from December 29, 2007, there have not been any laws or regulations applying to the domestic air carriers for damages of goods which are caused by domestic air transportations. Moreover, the volume of air cargo transportation in Korea has increased in recent years nevertheless the KTX(Korean high-speed railroad) has been tremendously developed and expanded its routes all over the country. Therefore, the needs for some laws or regulations on the domestic air carriage including air carriers' liability for damages of goods has been increased as well in Korea. Under this circumstance, the Korean government has seriously deliberated on the subject of the needs and finally decided to enact the Part of the “Domestic Carriage by Air Act” in the KCC. This Article examines the newly enacted provisions of the KCC, focusing on the Air Carrier's Liability for Damages of Goods which mainly reflected the Montreal Convention. Through the examinations, this Article tries to suggest some betterments of the enactment of KCC as well.