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A Study on the Unconstitutionality and Illigality of Air Ticket Commission System

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 82(), pp.473-492
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : April 30, 2018
  • Accepted : May 14, 2018

Shin, Bong-Ki 1 Yongjeon Choi 2

1경북대학교
2대진대학교

Accredited

ABSTRACT

The service fee is paid by the airline to the agency (travel agency), which is a remuneration paid to the airlines by the travel agency in accordance with A Passenger Sales Agency Agreement between the airline and the travel agency. However, from 2008 to 2011, gradually the service fee has been reduced / canceled. Despite of the fact that the travel agencies observe all the obligations of contracts with the airline, the travel agencies are hit hard by the loss of the commission income, which is the basic profit that is the basis of the management. Under the unequal agreement, many travel agencies have entered into contracts in accordance with the Resolution of IATA, which is a private body corporate composed of more than 280 large international airlines, in order to become a direct BSP travel agency, and provide ticketing services within the BSP system. Since IATA is a private business organization, the IATA regulation does not have legal status as international law and does not have the domestic legal force in accordance with Article 6 (1) of the Constitution. In particular, A Passenger Sales Agency Resolution of the IATA BSP(Billing and Settlement Plans) is against with the constitutional economic definition which can not be concluded by the free will of the contracting parties. And it is an unlawful regulation that leaves nothing but a shell the authority of the Minister of Land, Infrastructure and Transport, and Article 14, Paragraph 1 of the Aviation Business Act. Article 14 (3) 1 and Article 62 (5) of the Aviation Business Act is the violation of the principle of clarity and equality. These regulations do not provide a basis for judging whether or not the service fee is included in the details of 'total amount such as air fare' provided to consumers.

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