• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.165-182
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• 2004

According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. It is generally recognized that the three major parties responsible for the aviation security at an airport are appropriate government departments, airport operator and airlines. The airlines are the beneficiaries of security activities as well as the provider of security activities. So, their responsibilities have been critical in protecting civil aviation from unlawful interferences. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. The government has the responsibilities not only for establishing regulatory system but also for oversighting the implementation of aviation security activities. The paper is to review the revision of aviation security regulation and the changes of aviation security responsibilities, and costs and task assignment in Republic of Korea after September 11 event. The responsibilities, tasks and costs assigned to airlines, airport operators and government are introduced and evaluated in terms of economic fairness, effectiveness and efficiency of aviation security activities. The drawbacks of new legal system are pointed out and the suggestions to remedy them are proposed as conclusions.

• Journal of Korean Society of Transportation
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• v.21 no.1
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• pp.7-19
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• 2003

The airspace has to be designed considering the flight safety and economic efficiency of aircraft operators. The International Civil Aviation Organization(ICAO) published standards and recommended practices for safe design of the airspace. Each contracting country must follow the ICAO standards in designing the airspace for the utilization of civil aviation. Normally each member establishes its own standards and national aviation law for the safe and efficient design of the airspace, regarding the ICAO standards. However, our government has not developed yet clear and detailed standards and regulation system for airspace design. This might lead to aviation accidents and disputes between operators of aviation system This study is to review the characteristics of ICAO standards and a legal problem related to application of international standards for airspace design. Specifically this research analyzed the case of airspace design and operation of a domestic airport. The results of analysis are as follow: (1) per the safety of civil aviation, it is very required to establish national regulation system to follow ICAO standards in designing airspace, (2) It is also necessary to establish separate procedure for civil aircraft in military air base, when the aerodrome is co-used by military and civil aircraft. If the same procedure for military aircraft is applied to civil aircraft, it is necessary to make clear what the design concept is, (3) and the differences from ICAO standards have to be publicly known.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.91-110
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• 2003

Aeronautical Information Service means a service established within the defined area of coverage responsible for the provision of aeronautical information/data necessary for the safety, regularity and efficiency of air navigation. Especially, in consequence of RNAV envelopment, the role and importance of aeronautical information/data has been increased constantly, therefore advanced RNP and navigation systems has been highly required simultaneously. International Civil Aviation Organization establishes SARPs to maintain aviation safety for every contracting states. Therefore, every contracting states should make an application of the aviation information and data in accordance with ICAO's SARPs, but each state is actually applied with each other regulations considered with each state's circumstance. At the result of these reason, it sometimes makes confuse to aircraft operator and effects significant aviation safety. The purpose of this study is to investigate SARPs of Annexes and rules of FAA relevant to Aeronautical Information Service(AIS), to compare them with Korean Aviation law and regulations related to AIS and then, to provide information for planing and decision-making to enhance them into the international standards.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2013.06a
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• pp.368-370
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• 2013

현재 전 세계 체약국들은 증가하는 항공수요를 충족하고 공역의 이용 효율성 및 항공기 운항의 경제성 등을 제고하기 위해 국제민간항공기구(ICAO)에서 전략적으로 개발하고 채택한 차세대항법시스템(New CNS/ATM, PBN 등)의 각종 항법 및 통신 어플리케이션 등을 도입 적용하고 있다. 이 가운데 AIDC(ATS inter-facility Data Communication)는 조종사와 관제사간 반복적으로 이루어지는 교신(Verbal Communication)사항을 포맷화한 후 데이터로 송출하여 조종사와 관제사 양측 모두의 업무로드를 감소시키며 주파수 점유 시간을 단축시켜 주파수 활용도를 크게 증가시키고 있다. 또한, 비영어권 국가와의 음성 통신시 부정확한 발음 등으로 야기 될 수 있는 인적요인(Human Factor)을 사전 제거하는 등 많은 혜택(Benefits)을 제공하고 있다. 비록 이번 연구에서 항공 AIDC의 모든 요소가 VTS에 1:1 적용 되지는 않지만 AIDC의 주요 요소(TOC, AOC 등)와 우리 해상교통 실정에 맞는 응용 요소(RTOC)를 추가하여 주파수와 관제센터는 다르지만 관제구역이 서로 인접해 있는 구역에 적용시켜 잠재적 위험요소를 사전에 예방하고, 궁극적으로 Service provider로서 이용자 중심의 VTS를 설계하고자 한다.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.29 no.3
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• pp.66-75
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• 2021

As the domestic aviation industry develops, demand for pilots is increasing. As a result, the demand for flight training using flight simulation training devices that implement the same or similar interior of aircraft is also increasing. Despite this increase in demand, domestic laws, regulations and management systems related to flight simulation training devices have remained unchanged since 2009. As a result, the criteria for designation of new or developed flight simulation training devices are ambiguous. In addition, proper improvement of the current system should be prioritized for designation of new devices such as UAM and VR, along with developing flight simulation training devices. It is intended to present measures to improve the domestic flight simulation training system by investigating and analyzing advanced cases overseas.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.24 no.1
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• pp.33-40
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• 2016

ROK issued its first type certificate to the KC-100 airplane, Part 23 normal category, and become the State of Design (SoD) in 2013. Before this, ROK aviation regulations were focused on the operation and continued airworthiness of aircraft registered and operated in ROK that were designed and manufactured in another contracting state. Therefore the implementation of reporting system were restricted to gather the failure and service difficulty reports from the owners or operators and transmit the information to the State of Design and/or the manufacture relating to the type certificated aircraft. However, ROK, to fulfill the accountability of the State of Design, has to ensure there is a system to address the information received from the State of Registry on failure, malfunctions, defects and other occurrences that might cause adverse effects on the continuing airworthiness of the korean type certificated aircraft. This paper presents an overview of ICAO requirements for the State of Design, and current implementation of reporting system of USA and Japan and discusses the current status and further considerations on the rule-making for the malfunction, defect and failure reporting system applicable to the korean indigenous aircraft.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.247-280
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• 2020

For customs-free and liberalization on the trade of aircraft parts, the WTO Agreement on Trade in Civil Aircraft was separately concluded as plurilateral trade agreement at the time of launching WTO in 1995, and currently 33 countries including the United States and the EU are acceded but Korea does not. Major details of the Agreement on Trade in Civil Aircraft include product coverage, the elimination of customs duties and other charges, the prohibition of government-directed procurement of civil aircraft, the application of the Agreement on Subsides and Countervailing Measures, and the consultation on issues related to this Agreement and dispute resolution. Article 89 paragraph 6 of the current Customs Act was newly established on December 31, 2018, and the tariff reduction rate for imports of aircraft parts will be reduced in stages from May 2019 and the tariff reduction system will be abolished in 2026. Accordingly, looking at the impact of the Agreement on Trade in Civil Aircraft on the aviation industry, first, as for the impact on the air transport industry, an tariff allotment of the domestic air transport industry is expected to reach about 160 billion won a year from 2026, and upon acceding to the Agreement on Trade in Civil Aircraft, the domestic air transport industry will be able to import aircraft parts at no tariff, so it will not have to pay 3 to 8 percent import duties. Second, as for the impact on the aviation MRO industry, if the tariff reduction system for aircraft parts is phased out or abolished in stages, overseas outsourcing costs in the engine maintenance and parts maintenance are expected to increase, and upon acceding to the Agreement on Trade in Civil Aircraft, the aviation MRO industry will be able to import aircraft parts at no tariff, so it will reduce overseas outsourcing costs. If the author proposes a policy direction for the trade liberalization of aircraft parts to ensure competitiveness of the aviation industry, first, as for the tariff reduction by the use of FTA, in order to be favored with the tariff reduction by the use of FTA, it is necessary to secure the certificate of origin from foreign traders in the United States and the EU, and to revise the provisions of Korea-Singapore and Korea-EU FTA. Second, as for the push of acceding to the Agreement on Trade in Civil Aircraft, it would be resonable to push the acceding to Agreement on Trade in Civil Aircraft for customs-free on the trade of aircraft parts, as the tariff reduction method by the use of FTA has limits. Third, as for the improvement of the tariff reduction system for aircraft parts under the Customs Act, it is expected that there will take a considerable amount of time until the acceding to the Agreement on Trade in Civil Aircraft, so separate improvement measures are needed to continue the tariff reduction system of aircraft parts under Article 89 paragraph 6 of the Customs Act. In conclusion, Korea should accede to the WTO Agreement on Trade in Civil Aircraft to create an environment in which our aviation industry can compete fairly with foreign aviation industries and ensure competitiveness by achieving customs-free and liberalization on the trade of aircraft parts.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.31-64
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• 2015

The Chicago Convention and Annexes have become the basis of aviation safety regulations for every contracting state. Generally, aviation safety regulations refer to the SARPs provided in the Annexes of the Chicago Convention. In order to properly reflect international aviation safety regulations, constant studies of the aviation fields are of paramount importance. Treaties duly concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea. Each contracting state to the Chicago Convention should meet ICAO SARPs about AOC and FAOC. According to ICAO SARPs, Civil Aviation Authorities shall issue AOC to air carriers of the state, but don't require to issue for foreign air carrier. However some contracting states of the Chicago Convention issue FAOC and/or Operations Specifications for the foreign operators. This FAOC is being expanded from USA to the other contracting states. Foreign operators have doubly burden to implement AOC of the ICAO SARPs because FAOC is an additional requirement other than that prescribed by the ICAO SARPs In Article 33, the Chicago Convention stipulates that each contracting state shall recognize the validity of the certificates of airworthiness and licenses issued by other contracting states as long as they are equal to or above the minimum standards of the ICAO. In ICAO Annex 6, each contracting state shall recognize as valid an air operator certificate issued by another contracting state, provided that the requirements under which the certificate was issued are at least equal to the applicable Standards specified in this Annex. States shall establish a programme with procedures for the surveillance of operations in their territory by a foreign operator and for taking appropriate action when necessary to preserve safety. Consequently, it is submitted that the unilateral action of the states issuing the FAOC to the foreign air carriers of other states is against the Convention. Hence, I make some proposals on the FAOC as an example of comprehensive problem solving after comparative study with ICAO SARPs and the contracting state's regulations. Some issues must be improved and I have made amendment proposals to meet ICAO SARPs and to strengthen aviation development. Operators should be approved by FAOC at most 190 if all states require FAOC. Hence, it is highly recommended to eliminate the FAOC or reduce the restrictions it imposes. In certain compliance-related issues, delayed process shall not be permitted to flight operations. In addition, it is necessary for the ICAO to provide more unified and standardized guidelines in order to avoid confusion or bias regarding the arbitrary expansion of the FAOC. For all the issue mentioned above, I have studied the ICAO SARPs and some state's regulation regarding FAOC, and suggested some proposals on the FAOC as an example of comprehensive problem solving. I hope that this paper is 1) to help understanding about the international issue, 2) to help the improvement of korean aviation regulations, 3) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

• Journal of Korean Society of Transportation
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• v.32 no.5
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• pp.431-440
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• 2014

According to the State Safety Program (SSP) of the International Civil Aviation Organization (ICAO), it is essential to establish and manage Safety Performance Indicators (SPIs) which are used for monitoring the safety performance to achieve the national aviation safety goal. There have been enormous efforts to develop the framework of SPIs by considering the current status for each country. In case of Republic of Korea, however, there has been limited research and policy projects related to the framework for SPIs. Furthermore, Korea has used identical SPIs since the SSP was legislated in 2008. With this background, this research is, as part of strategy for the state level of SPI development, the study cases of advanced aviation countries for SPI development plans, such as the European Aviation Safety Agency (EASA) of the EU, the Civil Aviation Authority (CAA) of the UK, the Finish Transport Safety Agency (FTSA) of the Finland and the Federal Aviation Administration (FAA) of the U.S. The comparison between the foreign and domestic policies for SPI development strategies are provided in the conclusion of this study. The results and analyses of the case studies performed in this research will be helpful to provide some valuable development strategies for further SPI research in Korea.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.37 no.12
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• pp.1232-1237
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• 2009

The ICAO and FAA are developing and verifying of GBAS for civil aircraft landing and take-off. The guarantee of aircraft integrity issue is the important part of GBAS. To guarantee integrity, the GBAS ground facility broadcasts various informations to aircraft. The informations are related to the estimated accuracy of each pseudorange correction and the estimated error terms, for example B-value and standard deviation of the ground facility error. These parameters are used to calculate position error (estimated value of the user). If estimated position errors don't satisfy requirements, aircraft use alternate navigation means. In this paper, GBAS reference stations's real data, which operated by KARI (Korea Aerospace Research Institute) in Jeju international airport, are used to development of new ground facility error standard deviation model. We verify improvement of GBAS availability, with respected to vertical protection level, using B-value based a new ground facility error standard deviation model and a sigma inflation factor.