국제항공 여객 운송에서 지연손해와 배상책임

Abstract

On the area of international transport law, ‘delay’ is an interesting topic in several respects. First of all, we all know what delay means, but defining it legally is not so easy. In the process of enacting the Warsaw Convention on International Air Carriage or the Montreal Convention, there was a fierce debate over whether or not to provide an explicit provision for the definition of delay, but due to its unique conceptual relativity and ambiguity, it was ultimately agreed not to have a legal definition in those conventions. Also, in the long historical sense of international transportation, it is relatively recently that delay damage has become an issue. For example, the Hague-Visby Rule, which is most commonly used today in international shipping, does not explicitly stipulate liability for delayed damages. Delayed damage can be said to be a topic that reflects a trend that values transportation quality as much as the fulfillment or completion of a transportation contract as the quality of transportation improves and consumer demands increase. Lately, damage caused by delay in international air transport has become a hot topic, leading to a debate about whether compensation for mental damage due to delay is recognized in Korean courts. The purpose of this thesis is to examine the meaning of delay damage related to air transportation, and to consider whether compensation for mental damage due to delay is recognized. As a research method, a literature study based on domestic and international precedents on the interpretation of domestic laws and international legal conventions on international air transport was adopted. In particular, this works tried to review the precedents of the US Federal Court, where a considerable amount of precedents have been accumulated because there are not enough cases in Korea so far. After the Warsaw Convention of 1929, international efforts to unify civil liability system for international civil air transport have continued to this day through the 1999 Montreal Convention. Although the protection of the interests of consumers in international carriage by air is an important issue, the Convention also emphasizes further harmonization and codification of certain rules governing international carriage by air. Efforts in the two aspects of consumer protection and harmony of rules in international air transport should be made in a direction that is consistent with the purpose of the establishment of the Montreal Convention.