• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.155-176
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• 2015

Leasing is one of the main methods for Chinese airlines to introduce aircraft from overseas manufactures, and this method has been used for more than 30 years by Chinese airlines. Aircraft leasing in essence is a kind of financial transaction, through which lessors provide finance to lessees by means of the delivery of possession of the leased aircraft. At the time when China started to introduce aircraft through leasing some 30 years ago, the Chinese domestic laws were very insufficient to regulate these activities. Therefore, a construction process for the law of aircraft leasing was triggered then, and some fruit has been gained. By far, there are rules to adjust the aircraft activities in the aspects of contract, real right, default and bankruptcy remedies. However, as the improvement of any system must undergo a process of exploration, the law of aircraft leasing in China is still faced up with many challenges. Especially with the emergence and prosperous of domestic leasing industry, new transaction structures and models of aircraft leasing have emerged, which leaves new challenges to current legal system. On the basis of introducing the history and main contents of Chinese legal regime of aircraft leasing, this paper offers an analysis of achievements and challenges on present Chinese laws in the aspects of contract, real right and remedies.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.155-188
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• 2017

On the one hand, the 4th Industrial Revolution provides a positive opportunity to build a new civilization paradigm for mankind. However, on the other hand, due to the 4th Industrial Revolution, artificial intelligence such as 'Goggle Alpha Go' revolutionized and even the human ability was replaced with a 'Silicon Chip' as the opportunity to communicate decreases, the existence of human beings is weakened. And there is a growing concern that the number of violent crimes, such as psychopath, which hunts humans as games, will increase. Moreover, recent international terrorism is being developed in a form similar to 'Psychopathic Violent-Crime' that indiscriminately attacks innocent people. So, the probability that terrorist organizations abuse the positive effects provided by the Fourth Industrial Revolution as means of terrorism is increasing. Therefore, the paradigm of aviation terrorism is expected to change in a way that attacks airport facilities and users rather than aircraft. Because airport facilities are crowded, and psychopathic terrorists are easily accessible. From this point of view, our counter terrorism system of aviation has many weak points in various aspects such as: (1) limitations of counter-terrorism center (2) inefficient on-site command and control system (3) separated organization for aviation security consultation (4) dispersed information collection function in government (5) vulnerable to cyber attack (6) lack of international cooperation network for aviation terrorism. Consequently, it is necessary to improve the domestic counter terrorism system of aviation so as to preemptively respond to the international terrorism. This study propose the following measures to improve the aviation security system by (1) create 'Aviation Special Judicial Police' (2) revise the anti-terrorism law and aviation security law (3) Strengthening the ability respond to terrorism in cyberspace (4) building an international cooperation network for aviation terrorism.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.97-121
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• 2006

Inter-Korean exchanges using civil aviation has been continuing since the temporary direct air route from Pyongyang to Seoul was opened on June 15th, 2000 for the summit meeting with North Korea. In this paper, I analyze the North Korea Aviation law by focusing on the differences with South Korean Aviation law. While South Korean Aviation law is modeled on the Pandect system, North Korean Aviation law can only be understood by looking at North Korea's socialist ideology. Therefore, North Korean Aviation law has some expressions which can hardly be understood. With respect to the source of aviation law, both South and North Korea are in compliance with the Convention on International Civil Aviation (Signed at Chicago, on 7 December, 1944). Thus, they established the aviation law based on the standards and recommendations provided by ICAO. For this reason, they have similar legal systems and composition. From this analysis, a few differences are also derived regarding aircraft ownership, airports, airline liability, aircraft accident investigation organization and aviation insurance. It is important to note that this paper has a particular limitation. Not only is the information about North Korean law very limited, but North Korea also does not provide easy access to its national legal codes. This paper describes the legal comparison of South and North Korea by focusing on the formation and framework of North Korean aviation law.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.9-35
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• 2004

A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The compensation which the launching State shall be liable to pay for damage under "the Convention on International Liability for Damage caused by Space Objects" shall be determined in accordance with international law and the principles of justice and equity, in order to provide such reparation in respect of the damage as will restore the person, natural or juridical, State or international organisation on whose behalf the claim is presented to the condition which would have existed if the damage had not occurred. In the event of damage being caused elsewhere than on the surface of the earth to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State, and of damage thereby being caused to a third State or to its natural or juridical persons, the first two States shall be jointly and severally liable to the third State, to the extent indicated by the following: If the damage has been caused to the third State on the surface of the earth or to aircraft in flight, their liability to the third State shall be absolute; If the damage has been caused to a space object of the third State or to persons or property on board that space object elsewhere than on the surface of the earth, their liability to the third State shall be based on the fault of either of the first two States or on the fault of persons for whom either is responsible. The Insurance requirements are satisfied for a launch or return authorised by a launch permit if the holder of the permit or authorisation is insured against any liability that the holder might incur to pay compensation for any damage to third parties that the launch or return causes; and the Commonwealth is insured against any liability that Commonwealth might incur, under the Liability Convention or otherwise under international law, to pay compensation for such damage. The liability for Damage caused by Space Objects should be regulated in detail in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.167-176
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• 1992

1957년에 서명된 로마조약(條約)을 처음 개정한 단일(單一)유럽법(法)이 1987년 7월 1일에 발효(發效)되었을 때 유럽공동체(共同體) 12개 회원국(會員國)들은 공동정책(共同政策)에 의거 상업(商業), 농업(農業), 운송(運送), 금융(金融) 및 기타 관련부분에 있어 단일역내시장(單一域內市場)을 형성하기로 약속했다. 물론 완전한 역내공동시장(域內共同市場)은 자유로운 운송시장(運送市場)을 전제로 한다. 따라서 EC조약(條約)은 모든 회원국(會員國)들이 서어비스의 자유에 근거하여 공동운송정책(共同運送政策)을 따를 것을 강제하고 있다. 항공운송(航空運送)에 있어서의 목표도 역시 다른 모든 경제활동의 목표와 마찬가지로 로마조약(條約)이 적용되는 공동운송정책(共同運送政策)의 일부를 구성하고 있다. 종합적인 공동체항공정책(共同體航空政策)의 작업에는 운임(運賃), 공급량(供給量), 시장진출(市場進出) 및 경쟁상(競爭上)의 일괄적인 자유화 조치 이상의 것을 내포하고 있다. 그것은 국가장벽으로 방해되지 않는 공동체(共同體)의 항공운송망(航空運送網)의 개발과 확장뿐만 아니라 경제(經濟), 안전(安全), 환경(環境) 및 사회적(社會的) 요인(要因)들 간에 합리적인 균형을 이루는 공동체항공운송정책(共同體航空運送政策)의 개발을 위한 공동항공운송정책(共同航空運送政策)의 공식화(公式化)를 요한다. 1987년의 항공(航空)에 관한 일괄입법조치, 1989년의 제 2 차 항공(航空)에 관한 일괄입법조치 및 1992년 이후로 예정된 제 3 차 일괄입법조치에 따라 EC는 초국가적(超國家的)인 항공운송(航空運送) 분야에 있어서의 개방적인 국제경쟁(國際競爭)을 본격적으로 추구하고 있다. 결국 이러한 일괄규칙은 EC와 제(第) 3 국(國)들간의 관계에 중대한 의미를 가지게 될 것이다. EC항공운송정책(航空運送政策)이 아시아 항공산업(航空産業)의 상업운선(商業運船)에 어떠한 영향을 미칠 것인가는 모든 아시아 국가들이 알아야 할 중요한 문제이다. 이론적으로 말해서, 역내공동체(域內共同體) 항공운송(航空運送)의 자유화는 아시아 국가들에 대한 치외법권적(治外法權的) 효과를 일으킬 수 있는 로마조약(條約)과 유럽사법재판소(司法裁判所)에 의해 형성된 원칙들에 필연적으로 영향을 미칠 것이다. 이와 관련하여 아시아 항공산업(航空産業)은 무차별원칙(無差別原則), 설립(設立)의 자유(自由), 서어비스의 자유(自由) 및 EEC 경쟁법(競爭法)과 같은 제(第) 3 국(國)의 국제항공운송에 영향을 미치는 일련의 새로운 원칙과 법률의 출현에 큰 관심을 갖고 있다. 실무적인 관점에서, 1992년 이후의 종합적인 공동체항공운송정책(共同體航空運送政策)의 작업에는 항공운화(航空運貨), 시장진출(市場進出), 제(第)3 및 제(第)4의 운륜자유권(運輪自由權), 복수지정(複數指定), 제(第)5의 자유(自由), 캐보타지(cabotage), 손상(損傷)(derogation), 공급량(供給量), 편수(便數), 불정기운항(不定期運航) 및 기타 부문항공기소음(部門航空機騷音), 최저(最低) 안전(安全) 및 사회적(社會的) 조치(措置), 항공종사자면허(航空從事者免許), 감항증명(堪航證明), 운항시간제도(運航時間制度), 컴퓨터 예약제도(豫約制度), 탑승거절보상의 공동최저기준(共同最低基準), 공중혼잡(空中混雜), 공항이착륙시간할당법(空港離着陸時間割當法), 공항시설(空港施設), 정부지원(政府支援 등). 이와 같은 모든 공동체항공운송정책(共同體航空運送政策)의 주요문제들은 아시아 항공산업(航空産業)에 여러 각도로 영향을 미치게 될 것이다. 위와 같은 문제들 가운데, 제(第) 3국(國) 항공사(航空社)들의 역내공동체(域內共同體) 항로(航路)의 접근, 공급량(供給量), 운임(運賃), 제(第)5의 자유(自由) 및 캐보타지가 아시아 항공산업(航空産業)에 관심이 큰 문제가 되고 있다. 아시아 항공사(航空社)들의 EEC시장(市場)에로의 상업운항(商業運航)이 다소 영향을 받게 될 것이다. 첫째, 복수(複數) 목적지(目的地) 문제이다. 둘째, 항공(航空)서어비스의 운임(運賃) 및 료솔(料率)문제이다. 셋째, 항공운송구역(航空運送區域)에서의 사업에 대한 경쟁원칙의 적용 문제이다. 넷째, 제(第)5 자유(自由) 운륜권(運輪權) 문제이다. 다섯째, 캐보타지(cabotage)문제이다. 끝으로, 유럽 항공사(航空社)들간의 합병(合倂)의 문제이다. 결론적으로 유럽공동체항공운송(共同體航空運送)의 자유화는 1993년까지 공동체(共同體) 역내(域內)와 역외(域外)의 항공운송법제(航空運送法制)의 현재의 모습을 극적으로 바꾸어 놓을 정도로 가속화(加速化)되고 있다. 한편 항공운송(航空運送)의 자유화(自由化)에 대한 EC의 제의는 대담하고 급진적이다. 반면에 그것이 아시아 항공산업(航空産業)에 미칠 영향 또한 중대하다. 의심할 여지없이 항공사(航空社)와 고객들의 이익면에서 EEC와 비(非)EEC국가들의 항공운송산업(航空運送産業)에서 더욱 경제적으로 경쟁적이 되도록 할 필요가 있다. 전세계 항공운송산업(航空運送産業) 운영(運營)의 대부분을 정부가 소유하거나 통제하는 것은 정말로 국제항공운송(國際航空運送)의 발전에 불필요한 장애를 일으킨다. 따라서 國內航空社와 전세계 항공사(航空社)들간의 이해관계의 조화를 협상하는 것이 중요하다. 아마도 아시아 항공사(航空社)들간의 지역적 협조가 미국(美國)뿐만 아니라 유럽으로 부터의 압력 증가에 대해 균형을 이루는 힘이 될 수 있을 것이다.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.93-114
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• 2008

The purpose of this study is to review the changes in the aviation safety management system, how that system has evolved and what forces caused these changes to take place. Also included is an examination of the development process of the aviation safety management system in view of the new institutionalism, identifying the patterns of change. Based on the results of this study, I propose policy methods to design a desirable civil aviation safety system with a view toward raising the safety standards in the Korean civil aviation community. The major analysis variables are as follows: first, aviation accidents caused by external factors and international standards as independent variables second, environmental changes and political processes affecting aviation safety management system as major mediating variables and third, the aviation safety management legal system, the aviation safety management organizations and an expert participation system as dependent variables. The institutional changes and continuance of the aviation safety management system show that when specific circumstances arise, the continuance lasts depending on the path dependency, and in a certain circumstance, when immanent changing factors reach a critical point, the system suddenly changes by a punctuated equilibrium, which are all included in this study.

• Journal of the Korean Society of Propulsion Engineers
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• v.20 no.3
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• pp.25-31
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• 2016

This research investigated the manufacturing process and characteristics analysis of ZPP(Zirconium Potassium Perchlorate) as pyrotechnic are commonly found in the aerospace, defense, and automotive industries. A solid pyrotechnic mixture is composed of an oxidizing agent, fuel, and binder. Precipitation process was used to uniformly mix the raw material. Through the analysis of the material characteristics and thermal response is designed optimum ratio by NASA CEA program. It was compared by performing the evaluation of these size, shape and calorimetry characteristics.

• Journal of Astronomy and Space Sciences
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• v.14 no.2
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• pp.233-241
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• 1997

New UBV Photometric observations for a close binary RZ Cas were obtained at the Chungbuk National University Observatory for 42 nights from October 1991 to March 1993, and standardized UBV light curves were constructed. From the primary light curves, the eight minimum times were determined by using a new light element. We confirmed the primary minimum was totality and derived the average duration was 18.1 minutes corresponding to $0.^{p}01$. The photometric and spectroscopic solutions were calculated with the obtained light curves and the radial velocity curves of Duerbeck & Hanel(1979) by using Wilson-Devinney method. From these values, the absolute dimensions of this binary system were estimated.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.3-29
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• 2008

The volume of air passengers and cargo transportation has increased rapidly in recent years. This trend will be even more noticeable as the high-tech service industry expands and the globalization progresses. In an effort to reflect and to cope with this trend, many conventions concerning international air transportation have been concluded. The Republic of Korea has also acceded to the Montreal Convention of 1999 on September 20th, 2007 which became effective on December 29th 2007. However, Korea currently does not provide any private law on the liability of domestic air carrier, leaving the regulation wholly to the general conditions of carriage of private air lines. These general conditions of carriage, however, are not sufficient to regulate the liabilities of domestic air carriers, because they cannot be fully recognized as a legitimate source of law applicable in the court. This situation is inconvenient for both air carrier and their customers. Thus, the Ministry of Justice of Korea has decided to enact a law that will regulate domestic air transportation, namely, "Domestic Carriage by Air Act", as a part of the Korean Commercial Code. So was composed a special committee for legislation of the Domestic Carriage by Air Act. This writer has led the committee as a chairman. The committee has held in total 10 meetings so far and has completed a draft bill for the part VI of the Korean Commercial Code, "Air Carriage." The essentials of the draft are as follows: First, the establishment of Part VI in the Commercial Code. The Korean Commercial Code already includes a series of provisions on road transportation in part II and carriage by sea in part V. In addition to these rules regulating different types of transportation, the Domestic Carriage by Air Act will newly establish part VI to regulate air carriages. Eventually, the Commercial Code will provide an integrated legal system on the transportation industry. Second, the acceptance of the basic liability system which major international conventions, such as Montreal Convention of 1999 and Guadalajara Convention of 1961, have adopted. This is very important, because the law of air carriage is unified worldwide through various international conventions, making it necessary and significant for the new act to achieve conformity between rules of international air carriage and that of domestic air carriage. Third, the acceptance of Rome Convention system on damage caused by foreign aircraft to third parties on the surface. Fourth, the application of rules on domestic road carriage or carriage by sea mutatis mutandis with necessary modifications. This very point is the merit of inserting domestic air transportation law into the Commercial Code. By doing so, the number of articles can be reduced and the rules on air carriage can conform to that of road transportation and carriage by sea. The bill is expected to be passed by the parliament at the end of this year and is expected to be effective by end of July 2009.

• Journal of Aerospace System Engineering
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• v.12 no.4
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• pp.1-8
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• 2018

The state of registry issues a type certificate validation (TCV) based on the satisfactory evidence that the product (aircraft, engine, and propeller) is in compliance with the appropriate airworthiness requirements. The Korean government performs an evaluation to determine whether the product complies with Korean airworthiness standards for issuing TCV according to the Korean aviation safety law. Recently, the Validation Principles Working Group (VPWG) has developed a risk-based model for validation of civil aeronautical products. Also, VPWG proposed to incorporate this validation model into the corresponding ICAO Standards and Recommended Practices and guidance material. In this paper, we have reviewed the validation model and discussed improvements in the validation process.