• The Journal of Korean Philosophical History
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• no.54
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• pp.153-184
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• 2017

During the Pre-Qin(秦) Dynasty era, there were the records that there had been many calendar systems, such as $g{\check{u}}-li{\grave{u}}-l{\grave{i}}$(古六曆 : six ancient calendar systems). Then, the fact that particularly $zh{\bar{o}}u-l{\grave{i}}$(周曆) and $xi{\grave{a}}-l{\grave{i}}$(夏曆) were mainly discussed among them resulted from a lot of discussions from the differences in the calendar system in "$Ch{\bar{u}}n-qi{\bar{u}}$(春秋)" known to have been written by Confucius from the calendar system in "$X{\acute{i}}ng-xi{\grave{a}}-zh{\bar{i}}-sh{\acute{i}}$(行夏之時 : implement the calendar of Ha dynasty.)" that Confucius mentioned himself to his disciple. $zh{\bar{o}}u-l{\grave{i}}$(周曆) with $d{\bar{o}}ngzh{\grave{i}}-yu{\grave{e}}$(冬至月 : the 11th month of the lunar calendar) as the first month of a year had the system of the lunar calendar, and $xi{\grave{a}}-l{\grave{i}}$(夏曆) called as the calendar of Ha(夏) dynasty had the system of $ji{\acute{e}}-q{\grave{i}}-l{\grave{i}}$(節氣曆 : a kind of the solar calendar that divides one year of 365 days into 24 solar terms) with $y{\acute{i}}n-yu{\grave{e}}$(寅月 :one month from the present Feb 5) as the first month of a year. These two calendars had definite differences in the first months of a year, names of seasons, and the lunar calendar and the solar calendar. The fundamental reason why Confucius recommended the performance of $xi{\grave{a}}-l{\grave{i}}$(夏曆) as a way to run the nation was not that it started from the philosophical view of the universe that among the 'three $zh{\bar{e}}ng$'(三正)' of $ti{\bar{a}}n-zh{\bar{e}}ng$(天正 : the first month of a year with the heaven as the standard), $d{\grave{i}}-zh{\bar{e}}ng$(地正 : the first month of a year with the earth as the standard) and $r{\acute{e}}n-zh{\bar{e}}ng$(人正 : the first month of a year with humans as the standard), but that he wanted to emphasize the importance of practical national economic policies to enhance agricultural productivity. It becomes the criterion that even though Confucius emphasized that politicians should not have moral flaws ideally, with regard to public policies, he wanted to stress politicians' duties based on the reality a lot.

• Journal of the Daesoon Academy of Sciences
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• v.35
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• pp.147-180
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• 2020

'The Great Nest of Being (The Great Chain of Being)' is a key ontological concept in Perennial Philosophy. The Great Nest of Being shows the depth of the world's religions that have existed historically, and in this context, they represent holarchies of existence and consciousness. This paper examines the nests of various beings in order to grasp the depths of the world's mainstream religions, and reveals that the great nest of being that appear in the Daesoon Thought has the characteristic of synthesizing other nests that have emerged previously in history. According to Perennial Philosophy, the differences among different religions in regards to ultimate reality are not differences in reality but merely differences in semantics. In other words, these differences are only 'different expressions of the same ultimate reality.' Thus, linguistically, ultimate reality in the great nest of being can be summarized as the 'same in what is signifié (signified, 記意)' and 'different in the signifiant (signifier, 記標).' As stated in a preceding study; however, ultimate reality in Daesoon Thought is both transcendent and personal, as well as intrinsic and impersonal. This fact is specifically stated in the Four Tenets (4大 宗旨) of Daesoon Thought. In other words, the Tenets of Daesoon implicitly acknowledge not only the concepts of reality and the direction that emerges from the base of existence in existing systems of religious thought, but also can encompass the ideologies of those systems of religious thought. Considering the four quadrants as the Kosmos (AQAL), it encompasses a universal ideology. Therefore, the tenets of Daesoon Thought encompass the same significance (meaning) of the major systems of religious thought throughout the world in regards to ultimate reality and provide a clue to the solution to the presence of different signifiers (signs).

• Journal of the Daesoon Academy of Sciences
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• v.32
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• pp.137-173
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• 2019

Modern scientists are trying to find the basic unit of order, fractal geometry, in the complex systems of the universe. Fractal is a term often used in mathematics or physics, it is appropriate as a principle to explain why some models of ultimate reality are represented as multifaceted. Fractals are already widely used in the field of computer graphics and as a commercial principle in the world of science. In this paper, using observations from fractal geometry, I present the embodiment of ultimate reality as understood in Daesoon Thought. There are various models of ultimate reality such as Dao (道, the way), Sangje (上帝, supreme god), Sinmyeong (神明, Gods), Mugeuk (無極, limitlessness), Taegeuk (太極, the Great Ultimate), and Cheonji (天地, heaven and earth) all of which exist in Daesoon Thought, and these concepts are mutually interrelated. In other words, by revealing the fact that ultimate reality is embodied within fractal geometry, it can be shown that concordance and transformation of various models of ultimate reality are supported by modern science. But when the major religions of the world were divided along lines of personality (personal gods) and non-personality (impersonal deities), most religions came to assume that ultimate reality was either transcendental or personal, and they could not postulate a relationship between God and humanity as Yin Yang (陰陽) fractals (Holon). In addition, religions, which assume ultimate reality as an intrinsic and impersonal being, are somewhat different in terms of their degree of Holon realization - all parts and whole restitution. Daesoon Thought most directly states that gods (deities) and human beings are in a relationship of Yin Yang fractals. In essence, "deities are Yin, and humanity is Yang" and furthermore, "human beings are divine beings." Additionally, in the Daesoon Thought, these models of ultimate reality are presented through various concepts from various viewpoints, and they are revealed as mutually interrelated concepts. As such, point of view regarding the universe wherein Holarchy becomes a models in a key idea within perennial philosophy. According to a universalized view of religious phenomena, perennial philosophy was adopted by the world's great spiritual teachers, thinkers, philosophers, and scientists. From this viewpoint, when ultimate reality coincides, human beings and God are no longer different. In other words, the veracity of the theory of ultimate reality that has appeared in Daesoon Thought can find support in both modern science and perennial philosophy.

• The Korean Journal of Pharmacology
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• v.9 no.1
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• pp.1-21
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• 1973

During the last decade extensive studios on catecholamines have evolved new knowledge in the physiology and biochemistry of adrenergic mechanism. Cardiac muscle, receiving adrenergic fibres from the stellate, cervical and thoracic ganglia, has been repeatedly shown to have a specific capacity to uptake and to store catecholamines. The catecholamine stores in cardiac muscle have also been shown to be important sites for the action of numerous drugs. Under normal condition, a certain level of catecholamines is maintained in the stores and serves as the basis for studying the changes in the catecholamine content of the heart. Because myocardial catecholamines play such important role in the patho-physiology of the heart, it would be interesting to compare the normal level of myocardial catecholamines among various species of animals. An occasional study has dealt with myocardial catecholamines of several species add ages of animals but these have been insufficiently comprehensive to afford a basis for an understanding of the importance of these amines as related to species and ages. The present investigation was undertaken to determine whether or not there is any significance of myocardial catecholamines in the course of the evolution and development of animals. Seasonal changes, sex difference and regional and subcellular distribution of myocardial catecholamines were also examined. The concentration of cardiac catecholamines was determined by the spectrophotofluorometric procedure described by Shore and Olin. The results obtained were summarized as follows: 1. As animals phylogenetically progressed larger amounts of catecholamines were resent in their hearts. A negligibly small amount of catecholamine was present in the hearts of the clam, a non-vertebrate. Among the vertebrates, cold-blooded animals (snake, turtle, frog, eel and fish) had less myocardial catecholamines than warm-blooded animals, of which aves (fowl and duck) had less than mammalia (cat, dog, rabbit, rat, cow and pig). The ratio of norepinephrine to epinephrine also was greater as the animals progress phylogenetically. 2. Examination of the regional distribution of cardiac catecholamines in warm-blooded animals showed that the content of the auricle was generally higher than that of the septum and considerably than that of the ventricle, but the differences of contents among these regions were not so marked. 3. In the embryonic chick, cardiac catecholamines were firstly detected on the 4th day of incubation, the time before the cardiac innervation of sympathetic nerves. The concentrations of these catecholamines increased but not markedly on the 6th day of incubation, soon after the innervation of sympathetic nerves to the heart. The level of the cardiac catecholamines fluctuated throughout the remainder of embryonic development. 4. In newborn rat hearts, a considerable amount of catecholamines was present. With the development of the rats, the concentrations of myocardial catecholamines increased. The ratio of epinephrine and norepinephrine fluctuated within the range of 40 to 60 pervent. However, as development progressed, the percentage of norepinephrine continued to rise, attaining the adult value of $80{\sim}90%$ after $45{\sim}60$ days. In contrast, the total amount of epinephrine remained fairly constant throughout the animal's development. 5. No significant sexual differences were observed in the concentration of myocardial catecholamines in the developing rat. 6. The catecholamines in the rabbit hearts increased during the summer season (from May to August) and maintained a fairly constant level in the other seasons of the year. 7. The subcellular distribution of cardiac catecholamines was examined by differential centrifugation of homogenates of cardiac muscles in rabbits, cats and rats. The catecholamines were found to be present approximately 20% in particles of mitochondrial fraction, 45% in particles of microsomal fraction and 35% in soluble supernatant fraction. The particle containing catecholamines in cardiac muscle appears to be two different sizes.

• Journal of the Korean Institute of Landscape Architecture
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• v.14 no.2
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• pp.17-26
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• 1986

Landscape around a settlement is not only a natural object, but also a matters of the man in the co-relation with his environment. Man perceives the landscape rational or sensible. Then it changes into the substance for him and influences him: as we see often in the folklore, that is of importance in the mind. Man reacts against his surroundings deceidedly, selfassurd or commonly, and uses sometimes the landscape to the elements for realization, physical or symbolical. Out of one character of korean villages, adaption to the circumstances, we can notice also its inner image, the reflection of the mind. Seeing and perceiving the environment emotional or reasonable and, reflecting and descreibing the inner self on the space. Here, the landscape and the nature are matter of the man, a scale for his ethical estimation or a mailer of the realization his mind. It is difficult, but important, such a immanent picture in(or of) the landscape to find. This is a preliminary study in such a way.

• The Bulletin of The Korean Astronomical Society
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• v.43 no.2
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• pp.30.1-30.1
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• 2018

일제 강점기를 지난 후 광복을 맞았지만, 전란의 폐허 속에 개설된 대학의 천문학과의 관측 시설들은 전문한 상태였다. 필자가 학부 재학 중이던 6-70년대까지도 시 시공(時空)의 흐름은 필요한 것을 직접 만들어 사용할 수밖에 없는 시대로 몰아가고 있었다. 당시를 회고 하며 지금까지 걸어 온 "천문기기 제작 연구의 삶"을 회고하고자 한다. 대학 재학 시절 교수님의 도움으로 막스토브 망원경을 제작하고, 40cm 카세그레인 망원경 등 광학계의 원리와 특성연구를 통해 부품 조립을 수행할 수 있었다. 태양 흑점관측을 위한 10cm 굴절 망원경의 투영시설을 고안하여 6개월 동안 관측하였지만. 석사 논문을 위해 광전측광 관측시스템을 제작하여 식쌍성 관측을 수행하였다. 그 결과 한국의 시설로 UBV 광도곡선 완성하여 1975년 가을 천문학회에서 발표하였다. 1976년 2월 국립천문대 천문계산연구실에 발령 받고 역서편찬 업무를 담당하면서 소백산 60cm 망원경 최종 설치를 끝내고, 천문대(현 역삼동 과총회관 빌딩) 옥상에 2m 규모의 목재 돔을 설계 제작하고 일반인들을 위한 대중천문 활동을 시작하였다. 재직 중에 항상 한국의 열악한 천문시설의 상황을 실감하고 20대를 마감하면서 퇴직하여 "한국천문기기 연구소"라는 명칭으로 천체 돔을 설계하고, 돔 제작기계를 개발하였다. 망원경만 보관 중인 국내 4개 대학에 돔을 납품 한 후 연세대학교 천문대의 직경 6m 스텐레스 돔을 제작하였다. 아울러 연세대 천문대 60cm망원경을 설치하면서 이 곳에 입사하여 관측 장비개발 연구와 관측에 전념하게 되었다. 재직 기간 중 대학의 배려로 카나다 국립천문대(DAO) 방문연구원으로 1.8m 망원경으로 식쌍성들의 분광관측을 수행하여 시선속도곡선을 완성하였고, 체류 중에 스텝들과 국내에서 사용할 60cm용 첨단 분광기를 설계하였으나 대학에 재원이 없어 제작을 못한 아쉬움이 남는다. 1989년 2월 충북대학교 천문우주학과에 부임하면서 열악한 상황이지만 교육과 연구 장비로 20cm와 35cm 소형 망원경의 디지털 광전측광시스템으로 간이 천문대를 설치하여 운영하였다. 학과 설립 10 주년(1998년)을 맞아 40cm 망원경과 6m 돔을 설치하여 교내천문대가 완공되었다. 2000년이 되면서 대중 천문활동 을 위해 이동 천문대를 제작하여 4륜 자동차에 견인하여 여러 지역을 찾아 관측과 강연 활동 등 학과의 대중천문 활동의 특성을 살리는 계기를 만들게 되었다. 학과 설립 20주년(2008년)을 맞으면서 충북 진천에 16개 자동분할 개폐식 스릿의 9m 돔 안에 1m 망원경을 원격관측 시설을 완비하여 대학 본부의 기관으로 충북대학교천문대를 개관하고 관측시설을 완비하였다. 우리의 전통적인 세종시대 천문시설은 당대 최대의 시설이지만 당시 유물들이 모두 소실되어 현존하는 것이 하나도 없음은 실로 아쉬움이 큰 것이었다. 누군가는 그 구조, 형태, 원리, 기능, 사용방법 등을 밝히고 복원을 시도해야 할 시급함이 있었다. 문헌을 통해 1991년부터 학부졸업 논문으로 "고천문 의기(儀器) 복원연구" 분야의 발표를 시작하였다. 그 결과를 통해 세종탄신일에 영릉에서 숭모제 행사 후 그 곳에서 수년간 세종시대 고천문의기 한가지씩 작동모델을 복원하여 제막식을 거행하였다, 유물복원 회사 (주)옛기술과 문화 와 함께 팀을 이루어 매년 제작할 종목을 준비하게 되었다. 간의(簡儀)를 복원한 후에는 일성정시의, 소간의, 앙부일구, 정남일구, 석각천문도, 혼천의, 혼상, 각종 해시계 등 매년 지속적으로 복원되어 큰 규모의 야외 전시장이 완성되었다. 작동모델 설계연구팀의 자문과 제작팀과의 팀웍으로 이룬 성과인 것이다. 한번 시작품이 발표된 모델들은 국내 과학관과 박물관, 천문관에서 후속 모델을 설치하였다. 한국천문연구원과 부산 동래읍성 내에 장영실 과학 동산은 간의와 혼상을 비롯한 각종 해시계들을 설치한 큰 규모의 야외 전시장이다. 조선의 명망 높은 유학자들이 인격적인 하늘을 살펴보았던 혼천의와 일만원권에 그려 있는 국보 230호 자명종 혼천시계(일만원권의 그림)의 작동 모델을 제작하였다. 이와 같은 연구 결과들은 석사과정 박사과정을 통하여 더 심층적인 연구들이 발표되었고, 각종 조선(한국)의 천문의기(天文儀器) 연구 자료들은 연구팀들을 통해 중국과 일본 등 해외에서도 발표되었다. 지금까지 복원된 유물들이 완성되기까지는 참여한 많은 연구원들과 제작팀들이 합심하여 각자의 역할을 수행하여 최종 작동모델들이 하나 둘 완성되는 것이었다. 이것은 참으로 보람된 일이었고, 은퇴 후 지금은 재능기부자로서 즐거운 삶을 이어 갈수 있게 되었다.

• 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.30 no.2
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• pp.37-81
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• 2015

AirAsia QZ8501 Jet departed from Juanda International Airport in, Surabaya, Indonesia at 05:35 on Dec. 28, 2014 and was scheduled to arrive at Changi International Airport in Singapore at 08:30 the same day. The aircraft, an Airbus A320-200 crashed into the Java Sea on Dec. 28, 2014 carrying 162 passengers and crew off the coast of Indonesia's second largest city Surabaya on its way to Singapore. Indonesia's AirAsia jet carrying 162 people lost contact with ground control on Dec. 28, 2014. The aircraft's debris was found about 66 miles from the plane's last detected position. The 155 passengers and seven crew members aboard Flight QZ 8501, which vanished from radar 42 minutes after having departed Indonesia's second largest city of Surabaya bound for Singapore early Dec. 28, 2014. AirAsia QZ8501 had on board 137 adult passengers, 17 children and one infant, along with two pilots and five crew members in the aircraft, a majority of them Indonesian nationals. On board Flight QZ8501 were 155 Indonesian, three South Koreans, and one person each from Singapore, Malaysia and the UK. The Malaysia Airlines Flight 370 departed from Kuala Lumpur International Airport on March 8, 2014 at 00:41 local time and was scheduled to land at Beijing's Capital International Airport at 06:30 local time. Malaysia Airlines also marketed as China Southern Airlines Flight 748 (CZ748) through a code-share agreement, was a scheduled international passenger flight that disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing's Capital International Airport (a distance of 2,743 miles: 4,414 km). The aircraft, a Boeing 777-200ER, last made contact with air traffic control less than an hour after takeoff. Operated by Malaysia Airlines (MAS), the aircraft carried 12 crew members and 227 passengers from 15 nations. There were 227 passengers, including 153 Chinese and 38 Malaysians, according to records. Nearly two-thirds of the passengers on Flight 370 were from China. On April 5, 2014 what could be the wreckage of the ill-fated Malaysia Airlines was found. What appeared to be the remnants of flight MH370 have been spotted drifting in a remote section of the Indian Ocean. Compensation for loss of life is vastly different between US. passengers and non-U.S. passengers. "If the claim is brought in the US. court, it's of significantly more value than if it's brought into any other court." Some victims and survivors of the Indonesian and Malaysia airline's air crash case would like to sue the lawsuit to the United States court in order to receive a larger compensation package for damage caused by an accident that occurred in the sea of Java sea and the Indian ocean and rather than taking it to the Indonesian or Malaysian court. Though each victim and survivor of the Indonesian and Malaysia airline's air crash case will receive an unconditional 113,100 Unit of Account (SDR) as an amount of compensation for damage from Indonesia's AirAsia and Malaysia Airlines in accordance with Article 21, 1 (absolute, strict, no-fault liability system) of the 1999 Montreal Convention. But if Indonesia AirAsia airlines and Malaysia Airlines cannot prove as to the following two points without fault based on Article 21, 2 (presumed faulty system) of the 1999 Montreal Convention, AirAsia of Indonesiaand Malaysia Airlines will be burdened the unlimited liability to the each victim and survivor of the Indonesian and Malaysia airline's air crash case such as (1) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents, or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. In this researcher's view for the aforementioned reasons, and under the laws of China, Indonesia, Malaysia and Korea the Chinese, Indonesian, Malaysia and Korean, some victims and survivors of the crash of the two flights are entitled to receive possibly from more than 113,100 SDR to 5 million US$ from the two airlines or from the Aviation Insurance Company based on decision of the American court. It could also be argued that it is reasonable and necessary to revise the clause referring to bodily injury to a clause mentioning personal injury based on Article 17 of the 1999 Montreal Convention so as to be included the mental injury and condolence in the near future.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.29-73
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• 2012

Aviation safety is the State and industry's top priority and more scientific approaches for fatigue management should be needed. There are lately various studies and regulation changes for crew fatigue management with ICAO, FAA and EASA. ICAO issued the provisions of fatigue management for flight crew since 1st edition, 1969, of Annex 6 operation of aircraft as a Standards and Recommended practice(SARPs). Unfortunately, there have been few changes and improvement to fatigue management provisions since the time they were first introduced. However the SARPs have been big changed lately. ICAO published guidance materials for development of prescriptive fatigue regulations through amendment 33A of Annex 6 Part 1 as applicable November 19th 2009. And then ICAO introduced additional amendment for using Fatigue Risk Management System (FRMS) with $35^{th}$ amendment in 2011. According to the Annex 6, the State of the operator shall establish a) regulations for flight time, flight duty period, duty period and rest period limitations and b) FRMS regulations. The Operator shall implement one of following 3 provisions a) flight time, flight duty period, duty period and rest period limitations within the prescriptive fatigue management regulations established by the State of the Operator; or b) a FRMS; or c) a combination of a) and b). U.S. FAA recently published several kinds of Advisory Circular about flightcrew fatigue. U.S. passed "Airline Safety and FAA Extension Act of 2010" into law on August 1st, 2010. This mandates all commercial air carriers to develop a FAA-acceptable Fatigue Risk Management Plan(FRMP) by October 31st, 2010. Also, on May 16, 2012, the FAA published a final rule(correction) entitled 'Flightcrew Member Duty and Rest Requirements; correction to amend its existing prescriptive regulations. The new requirements are required to implement same regulations for domestic, flag and supplemental operations from January 4, 2014. EASA introduced a Notice of Proposed Amendment (NPA) 2010-14 entitled "Draft opinion of the European Aviation Safety Agency for a Commission Regulation establishing the implementing rules on Flight and Duty Time Limitations and Rest Requirements for Commercial Air Transport with aeroplanes" on December 10, 2010. The purpose of this NPA is to develop and implement fatigue management for commercial air transport operations. Comparing with Korean and foreign regulations regarding fatigue management, the provisions of ICAO, FAA, EASA are more considering various fatigue factors and conditions. Korea regulations should be needed for some development of insufficiency points. In this thesis, I present the results of the comparative study between domestic and foreign regulations in respect of fatigue management crew member. Also, I suggest legal proposals for amendment of Korea Aviation act and Enforcement Regulations concerning fatigue management for crew members. I hope that this paper is helpful to change korea fatigue regulations, to enhance aviation safety, and to reduce the number of accidents relating to fatigue. Fatigue should be managed at all level such as regulators, experts, operators and pilots. Authority should change surveillance mind-set from regulatory auditor to expert adviser. Operators should identify various fatigue factors and consider to crew scheduling them. Crews should strongly manage both individual and duty-oriented fatigue issues.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.101-127
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• 2017

Even with the most advanced aviation technology benefits, aircraft accidents are constantly occurring while air passenger transportation volume is expected to double in the next 15 years. Since it is not possible to secure aviation safety only by the post aircraft accident safety action of accident investigations, it has been recognized and consensus has been formed that proactive and predictive prevention measures are necessary. In this sense, the aviation safety management system (SMS) was introduced in 2008 and has been carried out in earnest since 2011. SMS is a proactive and predictive aircraft accident preventive measure, which is a mechanism to eliminate the fundamental risk factors by approaching organizational factors beyond technological factors and human factors related to aviation safety. The methodology is to collect hazards in all the sites required for aircraft operations, to build a database, to analyze the risks, and through managing risks, to keep the risks acceptable or below. Therefore, the improper implementation of SMS indicates that the aircraft accident prevention is insufficient and it is to be directly connected with the aircraft accident. Reports of duty performance related hazards including their own errors are essential and most important in SMS. Under the policy of just culture for voluntary reporting, the guarantee of information providers' anonymity, non-punishment and non-blame should be basically secured, but to this end, under-reporting is stagnant due to lack of trust in their own organizations. It is necessary for the accountable executive(CEO) and senior management to take a leading role to foster the safety culture initiating from just culture with the safety consciousness, balancing between safety and profit for the organization. Though a Ministry of Land, Infrastructure and Transport's order, "Guidance on SMS Implementation" states the training required for the accountable executive(CEO) and senior management, it is not legally binding. Thus it is suggested that the SMS training completion certificates of accountable executive(CEO) and senior management be included in SMS approval application form that is legally required by "Korea Aviation Safety Program" in addition to other required documents such as a copy of SMS manual. Also, SMS related items are missing in the aircraft accident investigation, so that organizational factors in association with safety culture and risk management are not being investigated. This hinders from preventing future accidents, as the root cause cannot be identified. The Aircraft Accident Investigation Manuals issued by ICAO contain the SMS investigation wheres it is not included in the final report form of Annex 13 to the Convention on International Civil Aviation. In addition, the US National Transportation Safety Board(NTSB) that has been a substantial example of the aircraft accident investigation for the other accident investigation agencies worldwide does not appear to expand the scope of investigation activities further to SMS. For these reasons, it is believed that investigation agencies conducting their investigations under Annex 13 do not include SMS in the investigation items, and the aircraft accident investigators are hardly exposed to SMS investigation methods or techniques. In this respect, it is necessary to include the SMS investigation in the organization and management information of the final report format of Annex 13. In Korea as well, in the same manner, SMS item should be added to the final report format of the Operating Regulation of the Aircraft and Railway Accident Investigation Board. If such legal and institutional improvement methods are complemented, SMS will serve the purpose of aircraft accident prevention effectively and contribute to the improvement of aviation safety in the future.