국제항공여객운송계약의 준거법에 관한 연구 - 대법원 2014. 8. 28. 선고 2013다8410 판결을 계기로 -

As international flights, which had been reduced due to the spread of COVID-19, have normalized, many people are on their way to travel abroad. In this process, a number of international passenger carriage contracts by air are being concluded. Thus, research on the governing law is essential to properly resolve the disputes raised in this process. The supreme court of the Republic of Korea proposed some criteria for determining the governing law of international passenger carriage contracts by air in decision of Docket No. 2013Da8410 rendered on August 28, 2014. Provoked by it, this paper conducts a systematic study on the governing law of international passenger carriage contracts by Air by synthesizing the issues raised in the above decision and those that are not actually raised but should be considered at the same time. The paper is organized as follows. Section II briefly introduces the related decision and raises a series of issues arising therefrom. Section Ⅲ separates the cases where “Convention for the Unification of Certain Rules for International Carriage by Air” should be directly applied and where not, and clarifies that the supplementary governing law decided by the rules of conflict of laws should be applied in the latter situation. Section Ⅳ explores the problem of interpretation and application of the special provisions on the governing law of consumer contracts and the governing-law rules of general contracts in “Act on Private International Law of Republic of Korea”(hereinafter “Korean PIL Act”). Section Ⅴ gives a legislative proposal to amend the special provision on the governing law of consumer contracts and to establish the special provisions on the governing law of passenger carriage contracts in Korean PIL Act. Section Ⅵ summarizes the overall discussion and presents a personal view of the issues raised during the discussion.