• Title/Summary/Keyword: 항공공법

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A Study on the Legal Proposal of Crew's Fatigue Management in the Aviation Regulations (항공법규에서의 승무원 피로관리기준 도입방안에 관한 연구 - ICAO, FAA, EASA 기준을 중심으로 -)

  • Lee, Koo-Hee;Hwang, Ho-Won
    • 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.

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A Study on Mental Injury Suffered by Passengers in International Air law (국제항공법상 정신적 손해에 관한 연구)

  • Cho, Hong-Je;Ahn, Jin-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.55-95
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    • 2010
  • The meaning and application of 'lesion corporelle' in the context of a variety of mental or psychic injuries is less clear, while there is very little disagreement about its literal translation. U.S. Court decisions since Floyd allow recovery for a range of claims involving emotional injury under Article 17; in some cases there is no recovery, while in others there is full recovery, depending on the allegations and the nexus between the alleged injury and any related or accompanying physical injury. Courts are in agreement that pure emotional injury is not compensable under the Convention. Most courts agree that emotional injury is not compensable in those cases where it has resulted only in physical manifestations such as weight loss or sleeplessness. At the same time, most courts generally agree that emotional injury is compensable if it proximately flows from a physical injury. The issue as to whether the courts would associate PTSD with bodily injury as envisioned in the present Warsaw structure or even the new regime reflected in the Convention proposed by ICAO would largely depend on the extent to which courts would be ready to embrace the compelling scientific findings with regard to mental distress and its application within the term 'bodily injury'. Taken together, these points when the current under Article 17 of the Warsaw Convention, 'physical injury' notion of 'mental injury' is to be extended. Of course, the current terms of the Warsaw Convention have been maintaining a precedent for many countries appear to have a statue of the original purpose of the treaty does not contribute to the diffusion. Therefore, in future treaties 'bodily injury', the term 'injury', the term 'personal injury' or 'health undermined' the term should be replaced or revised.

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Development of 33feet Class America's Cup Training CFRP Sailing Yacht for Marine and Leisure Applications (해양레저 분야 복합소재 적용 : 33피트급 아메리카스컵 훈련용 CFRP 세일링 요트 개발)

  • Seo, Hyoung-Seock;Jang, Ho-Yun;Lee, In-Won;Choi, Heung-Soap
    • Composites Research
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    • v.28 no.1
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    • pp.15-21
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    • 2015
  • The purpose of this paper is to investigate the current trends of composite applications in the marine and leisure fields and to study the development of 33ft class America's cup training CFRP sailing yacht. In the field of marine and leisure, composite materials have been just used to marine and leisure structures, recently. Especially, since the America's cup of sailing yacht racing has required the light weight and high mechanical performance to make a high speed, CFRP have been recognized as the critical material to construct the racing yacht structures. To establish the process of CFRP racing yacht construction, the design optimizations and production methods of carbon mast and CFRP yacht hull were discussed in this paper. Finally, the constructed CFRP sailing yacht exhibited high performance as the racing yacht through the sailing test.

Development of Linear Shaped Charges for Explosive Jet Cutting and Application Plan (폭발절단용 성형폭약의 국산화 개발 현황 및 활용화 방안)

  • 신용길;이병일;조영곤;이익주
    • Explosives and Blasting
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    • v.20 no.3
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    • pp.15-23
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    • 2002
  • 철골구조물은 일반 철근 콘크리트 구조와는 달리 단순히 천공을 하고 폭약을 장약하여 기폭시키는 방법으로는 해체 또는 절단이 어렵다. 국내의 경우 최근 철골 구조로 건축되는 강교와 건축물 등이 증가하는 추세이며, 내구연한이 다하거나 구조적 결함으로 인하여 해체 대상으로 지목되는 철골구조물에 대해서는 특수한 형태의 해체 기술을 필요로 한다. 1997년 이후 국내에 철골구조물의 발파해체를 위하여 성형폭약에 의한 폭발절단기술에 관한 연구가 소개된 이후로 폭발절단력에 미치는 성형폭약의 라이너(Liner), 폭약의 종류, 형상 및 이격거리(Stand-off distance) 등에 대한 연구가 활발히 이루어졌으며, 또한 국산화를 위한 기초적인 설계변수에 관한 연구 등이 보고 된 바 있다. 현재 성형폭약의 사용범위가 철골구조물의 절단해체 뿐만 아니라 긴급구조를 필요로 하는 특수한 용도나 군사폭약의 해체, 항공산업 등 그 적용범위가 확대되고 있는 실정이다. 그러나, 성형폭약의 성능 향상 및 품질 보증을 위한 체계적인 설계 변수의 검토 설정에 관한 연구와 산업f'의 적용을 위한 구체적인 결과는 보고 된 바 없는 실정이다. 그래서, 보다 체계적인 현장 적용 시험 등에 대한 연구가 효율적으로 진행될 경우 국내 고유 기술에 의한 철구조물의 절단 및 해체공법에 획기적인 변화를 가져올 수 있을 것으로 기대된다. 따라서, 본 연구에서는 국산화되어 현장에 적용되고 있는 성형폭약 HAKO 제품을 기준으로 이미 국내에 알려진 성형폭약과 비교 분석하였다. 또한 보다 효율적인 산업계의 적용을 위한 각종 시험 결과 및 국산화 현황과 향후 활용 방안 등에 대하여 소개하고자 한다.

Time Series Analysis of Soil Creep on Cut Slopes Using Unmanned Aerial Photogrammetry (무인 항공 사진측량을 이용한 절토사면의 땅밀림 시계열 분석)

  • Kim, Namgyun;Choi, Bongjin;Choi, Jaehee;Jun, Byonghee
    • The Journal of Engineering Geology
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    • v.30 no.4
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    • pp.447-456
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    • 2020
  • The study area is a slope in Dogye-eup, Samcheok-si, Gangwon-do. The cutting method was applied to this slope for stabilization in 2009 due to the influence of the waste-rock dump located at the top of slope. Recently, soil cracks and creep have occurred on this slope, and the drainage channel was damaged. Therefore, it was analyzed the topography change through photogrammetry using a UAV. Orthophotos were taken in April and October 2019 respectively. From the Orthophots, Digital Surface Model (DSM) was extracted. Time series analysis was performed by comparing each DSM. The topography of October was pushed forward while maintaining the topography of April. Through these features, it is judged that the soil creep is occurring in this study area.

The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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Legal Issues Regarding the Civil Injunction Against the Drone Flight (토지 상공에서의 드론의 비행자유에 대한 제한과 법률적 쟁점)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.75-111
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    • 2020
  • The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

Next Generation Lightweight Structural Composite Materials for Future Mobility Review: Applicability of Self-Reinforced Composites (미래모빌리티를 위한 차세대 경량구조복합재료 검토: 자기강화복합재료의 적용 가능성)

  • Mi Na Kim;Ji-un Jang;Hyeseong Lee;Myung Jun Oh;Seong Yun Kim
    • Composites Research
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    • v.36 no.1
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    • pp.1-15
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    • 2023
  • Demand for energy consumption reduction is increasing according to the development expectations of future mobility. Lightweight structural materials are known as a method to reduce greenhouse gas emissions and improve energy efficiency. In particular, fiber reinforced polymer composite (FRP) is attracting attention as a material that can replace existing metal alloys due to its excellent mechanical properties and light weight. In this paper, industrial applications and research trends of carbon fiber reinforced composites (CFRP, carbon FRP) and self-reinforced composites (SRC) were reviewed based on the reinforcement, polymer matrix, and manufacturing process. In order to overcome the expensive process cost and long manufacturing time of the epoxy resin-based autoclave method, which is mainly used in the aircraft field, mass production of CFRP-applied electric vehicles has been reported using a high-pressure resin transfer molding process including fast-curing epoxy. In addition, thermoplastic resin-based CFRP and interface enhancement methods to solve the recycling issue of carbon fiber composites were reviewed in terms of materials and processes. To form a perfect matrix-reinforcement interface, which is known as the major factor inducing the excellent mechanical properties of FRP, studies on SRC impregnated with the same matrix in polymer fibers have been reported. The physical and mechanical properties of SRC based on various thermoplastic polymers were reviewed in terms of polymer orientation and composite structure. In addition, a copolymer matrix strategy for extending the processing window of highly drawn polypropylene fiber-based SRC was discussed. The application of CFRP and SRC as lightweight structural materials can provide potential options for improving the energy efficiency of future mobility.