國際民間航空 仲裁制度에 관한 硏究

Abstract

The arbitration system is one of the alternative dispute resolution (ADR) and has characteristics and advantages such as controlability, expertise, convenience, and confidentiality. Arbitration is the most common and effective non-judicial dispute resolution mechanism used by parties to resolve disputes through law, and the number of cases of international commercial disputes through arbitration is increasing due to the effectiveness of the system. With the emergence of various international arbitration agencies from the early 20th century, today's arbitration system has become a trend in the way international commercial disputes are resolved. In recent years, the civil air transportation industry and other aviation industries have been developing vigorously, and legal disputes in the field of aviation have been constantly. In addition, as for the specific disputes, we can generally find the characteristics of specialization, diversification, and complexity of dispute contents. To resolve these disputes, China actively utilizes the aviation-related arbitration system and has a permanent arbitration body dedicated to handling aviation arbitration. On the other hand, arbitration in the Korean aviation sector is from from its activity. Korea enacted the Arbitration Industry Promotion Act and stipulated necessary matters for the promotion of the arbitration industry. Currently, Korea operates an alternative dispute settlement method in the form of consumer coordination through domestic consumer resources in the passenger transport sector. In the consideration of these circumstances, it will be meaningful to study the aviation arbitration system and present the direction of development so that the arbitration system can be established globally in the future. The main contents of this study, which seeks to resolve aviation disputes through the arbitration system, are as follows. In the first part, the characteristics of international civil aviation disputes and various systems was handled. First of all, it briefly introduces the international civil aviation dispute, reviews the international civil aviation dispute resolution system, and analyzes the advantages and disadvantages of each system. The second part summarizes the recent development of the international civil aviation commercial arbitration system, compares and evaluates dispute solutions such as lawsuits and mediation, and confirms the unique status of aviation arbitration. This paper compares international commercial arbitration system, then compares the international maritime arbitration system, and puts forward the necessity of establishing a perfect international civil aviation commercial arbitration system. Finally, according to the development trend of international civil aviation commercial arbitration system in China, some improvement plans are sought. The third part mainly examines the international private aviation commercial arbitration system, including arbitration agreements, arbitration agencies and jurisdiction. In the fourth part, the complementary effect of the aviation dispute settlement system and the possibility of improving the level of arbitration were comprehensively reviewed. It concluded the study by examining the current status of the operation of the permanent Chinese aviation arbitration organization, analyzing the advantages of each field, and providing data for reference in Korea based on this.