항공 여객 운송계약의 법적 쟁점

Recently, as e-commerce is activated due to the development of the Internet environment, the tendency of consumers to purchase airline tickets using a PC or mobile is prominent. As a result, various types of airline ticket sellers, such as large global OTAs, have emerged. In addition, airlines and travel agencies, which were in charge of traditional ticket sales, are also selling tickets online through e-commerce. Reflecting this trend of these days, the legal status of airlines, travel agencies, and various online travel platform operators needs to be re-examined. The purpose of this thesis is to redefine the relationship between the parties in the conclusion of various types of air passenger transportation contracts and to discuss the application of the Korean Electronic Commerce Act to air passenger transportation contracts. The types of online air ticket sale business are classified in consideration of the characteristics on online platforms are as follows: (i) 'direct sales type', in which online sales operators, that is, airlines or travel agencies directly sell their own goods and services, (ii) When a consumer searches for and selects a ticket that meets their conditions and price on an online platform, a link is connected to the airline or travel agency that presented the ticket product, (iii) ‘transaction platform type’ in which platform operators directly engage in transactions. If the substance of the ticket sales contract is interpreted as the arrangement of air transportation service and the air passenger transportation arrangement contract is judged to be a semi-consignment sale, the platform operator becomes a semi-consignment merchant. However, in the case of brokerage sales, since the operator is not in a direct contractual relationship, it can be regarded as having the status of a broker.