• Aerospace Industry
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• v.50
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• pp.12-17
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• 1997

외국의 추격과 국방예산의 감축으로 곤경에 처한 미국의 상업용 항공기 시장은 미국의 항공사에게 경비삭감과 새로운 연구개발에 대한 압력을 가하고 있다. 항공기의 연구기획은 이제 고성능에서 저예산에 비중을 싣는 방향으로 진행되고 있다. 결과적으로 미 항공기산업의 연구개발은 장기간의 연구들이 줄어드는 대신 단기간의 저예산 연구 프로젝트로 방향을 바꾸고 있다.

• Defense and Technology
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• no.12 s.166
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• pp.14-17
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• 1992

우리도 정상적인 항공기산업의 발전을 위해서는 선진국의 경우처럼 정부가 항공기 산업의 중요성과 육성조건의 특이성을 충분히 인식해서, 확고하고 대담한 장기적인 정책을 세워 지원을 해주지 않으면 별도리가 없는 것입니다 그러기 위해서는 우리도 외국에서의 예와 같이 항공기 관련업체들이 공동출자등을 통해 하나의 국민기업 형태의 회사를 설립해서, 국가가 장기로 자금지원을 하는 방법이 바람직할 것입니다

• 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 the Korean Society for Aviation and Aeronautics
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• v.3 no.1
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• pp.133-143
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• 1995

항공기 제작기술의 발전에도 불구하고 항공기 사고는 줄어들지 않으며 항공기 사고의 75%를 차지하고 있는 Human Factors 관련 요인에 대한 관심이 고조되게 되었다. 따라서 ICAO에서는 Human Factors관련 내용을 조종사 교육훈련에 포함 할 것을 권장하고 있다. 여기에서는 ICAO에서 권장하는 교육내용과 조종사 교육 훈련 과정을 종합하여 Human Factors교육을 실시하는 AUSTRALIA의 NEWCATLE대학의 교육 프로그램을 중심으로 하여 외국의 Human Factors에 대한 관심도와 교육 현황을 살펴보고 이에 따른 세가지의 제안 사항을 도출하였다.

• The Safety technology
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• no.159
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• pp.15-17
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• 2011

제주특별자치도의 관문인 제주국제공항 내에 있는 한국공항(주) 제주지점은 국내외 항공기에 지상조업, 급유조업, 화물조업 등을 지원하는 회사다. 1972년 10월 개설 이래 39년간 동종업계에서 선두위치를 굳건히 지켜오고 있는 이곳은 서비스는 물론 안전관리 역량에서도 자타가 인정하는 우수기업이다. 실제 외국 귀빈이 탄 비행기나 정부 주요 인사가 탑승한 비행기가 제주공항에 착륙 할 때는 향상 우선 지정을 받아 서비스를 펼치고 있을 정도다. 철저한 안전관리를 통해 항공기 조업분야의 모범사례로 우뚝 선 이곳 현장을 찾아 그들만의 특별한 안전활동을 살펴봤다.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.201-224
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• 2017

The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised by military aircraft. According to the Article 110 of the UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

• The Journal of Aerospace Industry
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• s.66
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• pp.57-81
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• 2003

우리나라 항공기 산업은 아직도 발전의 초기단계로 크게 심한 해외의존성으로 인해 항공기산업 내부에서 공급되는 주요정밀 부품은 주로 외국으로부터 도입하는 등 여전히 취약한 산업구조를 지니고 있기 때문에 생산유발효과나 부가가치유발효과 등 산업연관효과를 크게 나타나고 있지 않다. 이러한 낮은 연관효과로 인해 부가가치율의 크기는 크지 않지만, 영업잉여는 높은 불균형적 부가가치구조를 지니고 있다. 또한 항공기산업의 육성 및 발전을 도모할 수 있는 인력과 시설투자가 여전히 미약한 수준이어서 기술적, 산업적 측면에서 취약성을 노출시키고 있다. 따라서 안정적 생산물량의 확보, 기술자립도의 증가, 지속적인 인력 및 투자수준의 제고 등을 위한 효율적이고 장기적인 발전전략수립이 절실히 요구된다고 볼 수 있다. 따라서 우리나라 항공기산업의 발전의 추진방향은 기술자립도의 제고를 통한 대외의존성의 약화, 고부가가치화, 수요창출을 기반으로 하는 생산계획 수립, 제도완화 및 부서의 통합기능을 강조하는 정부개입 등의 방법에서 모색되어야 할 것이다.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.83-153
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• 2015

As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.211-245
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• 2003

While the necessity of introduction of legislative enactment for military aircraft operation became more evident especially after the Aviation Law that has recently been revised, the prospects of such legislative action in which adopts the unique nature of aircraft need to cone to life more than ever. Here lies our efforts to analyze the problems of Military Airbase Law, to introduce status of military-related legislations in other countries, and to examine legislative support system and overall direction for the legislative enhancement by presenting and discussing necessary subject matters m an endeavor to enact or revise the military-related aviation law.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.65-95
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• 2006

It is essential that the liability for damage on the surface caused by aircraft be regulated at international level. However, the Rome Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface of 1952 and the Montreal Protocol of 1978 did not have significant worldwide repercussions since few countries have ratified them. So the Secretariat ofthe ICAO has produced the draft Convention for the modernization of the Rome Convention in 2002 and the Special group has considered the text of the draft Convention so far. The draft Convention contains main issues with regard to the liability system of the operator and the insurability of the risks for damage to third parties on the ground. In order to protect the air transport sector of a country as well as to facilitate speedy recoveries by victims, Work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future.