상법상 항공기 운항자의 지상 제3자의 손해에 대한 책임

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, Korean Commercial Code was enacted and implemented from November 24, 2011. And Air Transport Act accepted contents of International agreement regarding liability system of air carrier in order to maintain consistency. Especially chapter 3 "liability for damage caused for third parties on the surface" has followed the principle of strict and limitation of liability in Rome Convention. In this study, observation was made on regulation contents and issues such as aircraft operator's tort liability on compensation for damage caused by falling or collision of aircraft to third parties on the surface in Article 6 of Air Transport Act. In addition, comparative studies were conducted between international agreement such as "Convention On Damage Caused By Foreign Aircraft To Third Parties On The Surface 1952" and "Protocol To Amend The Convention On Damage Caused By Foreign Aircraft To Third Parties On The Surface, Signed At Rome On 7 October 1952, Signed At Montreal, On 23 September 1978".