• Title/Summary/Keyword: 항공권

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The Characteristic of the Carrier's Liability Due to the Illegal Act of the Crew during International Air Transportation (국제항공운송 과정에서의 기장 등의 직무상 불법행위에 기한 운송인의 손해배상책임이 가지는 특수성)

  • Kim, Min-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.3-37
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    • 2020
  • The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

Can Lufthansa Successfully Limit its Liability to the Families of the Victims of Germanwings flight 9525 Under the Montreal Convention?

  • Gipson, Ronnie R. Jr.
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.279-310
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    • 2015
  • The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

Selection and Bioactivity of Tank Mix Combinations of Pesticides for Aerial Application (항공방제용 농약의 혼용가능 조합 선발 및 생물효과)

  • Jin, Yong-Duk;Lee, Hee-Dong;Shim, Hong-Sik;Lee, Sang-Guei;Kwon, Oh-Kyung
    • The Korean Journal of Pesticide Science
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    • v.12 no.4
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    • pp.403-413
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    • 2008
  • This study was conducted to select excellent tank mix combinations of pesticides for aerial application by manned helicopter. Among 209 pesticide combinations of 3-way tank-mixing for aerial application, a total of 93 recommendable combinations including tricyclazole SC+validamycin-A SL+imidacloprid SL were finally selected for the simultaneous control of key pests on paddy rice such as blast, sheath blight, brown planthopper and moth. The selected combinations were not phytotoxic to rice plants and nearby non-target crops, and excellent in physicochemical properties of ultra low volume (ULV) spray solutions. The efficacies on sheath blight, brown planthoppers and white-backed planthoppers of pesticides sprayed by aerial application were similar to those of pesticides by conventional spraying. Total cost of aerial application in paddy rice was very economical as one fourth level of that of conventional spraying.

Comparative Analysis of the Software Certification: RTCA DO-178C and RESSAC (RTCA DO-178C와 새로운 RESSAC 소프트웨어 인증기술의 비교 분석)

  • Lee, Dongmin;Lee, Dongwoo;Oh, Seungjun;Kwon, Oseong;Na, Jongwhoa
    • Journal of Aerospace System Engineering
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    • v.14 no.spc
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    • pp.13-21
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    • 2020
  • RTCA DO-178C is a development guideline to ensure aircraft system airworthiness. However, there is an opinion that the application of DO-178C to the development of UAV of more than MTOW 150 kg is over regulated because the severity of the risk from UAV is lower than that of normal aircraft. To address issue, EASA and FAA have been working on the Re-Engineering and Streamlining the Standards for Avionics Certification(RESSAC) project since 2016 with the goal of establishing a new certification scheme that simplifies existing aircraft certification procedures and standards. This paper analyzes the current DO-178C certification process and presents advantages by comparing and analyzing the new RESSAC certification process, which simplifies processes and outputs in comparing with the DO-178C certification process, while it ensures flight safety of the vehicle.

Analysis and Improvement of False Alarm Phenomenon of Emergency Hydraulic Warning Light by Shielded RF Radiation Signal (RF 방사 신호 차폐를 통한 비상 유압경고등의 비정상 점등 현상의 원인분석 및 개선)

  • Jung-Hyuk Kwon;Gyeong-Nam Kim;Byeong-Kwon Jeon;Wang-Sang Lee
    • Journal of Aerospace System Engineering
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    • v.17 no.1
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    • pp.68-78
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    • 2023
  • In this paper, improvement measures were studied for false alarm (abnormal lighting) of emergency hydraulic warning light due to RF radiation signals in aircraft. When the warning lamp of the emergency hydraulic system is lit during flight due to electromagnetic interference caused by RF radiation signals, it affects flight mission and safety which can result in efficiency degradation and maintenance of flight mission. For false alarm of emergency hydraulic warning light, root cause analysis and troubleshooting were carried out. By shielding a composite strip under fuselage of the aircraft located in the path of the RF radiation signal, the RF radiation signal flowing into the emergency hydraulic indicator was blocked. Results of applying the improvement method through ground and flight monitoring were also described.

A study on air related multimodal transport and operator's legal liabilities (항공연계 복합운송의 현황과 손해배상책임 - 대법원 2014.11.27. 선고 2012다14562 판결을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.3-36
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    • 2016
  • Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

A study on licensing of a launch site (인공위성 발사장 관리방안에 대한 연구)

  • Park, Geun-Young;Yoo, Seung-Woo;Jin, Young-Kwon
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.163-174
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    • 2003
  • The space center will be constructed by 2005 for launch of KSLV-I at Woinara-Do, Haban Village, Yenae-Ri, Bongrae-Myon, Kohung-Goon, Junlanam Province on the southern coast of the Korean peninsular. This will make Korea be the 13th advanced country in space development having launching site in the world. This paper presents licensing and safety requirements to protect the public from the risks associated with activities at a launch site.

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Analysis of Economic Effects for Surion Research and Development Program (수리온 연구개발 사업의 경제적 파급효과 분석)

  • Lee, Ki Young;Kim, Sung Geun;Shim, Dai Sung;Kim, Mi Joung;Kwon, Ki Jung
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.44 no.2
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    • pp.189-194
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    • 2016
  • This paper deals with the economic effects for the Surion(KUH-1) research and development program. The economic effects was measured by Inter-industry analysis method for production-inducing effects, value-added inducement effects, and job-creation effects and by estimating actual domestic input cost. In addition, technical riffle effects was analyzed for aerospace industry, defense industry and commercial industry market through similarity and contribution of technology.

Destructive Test to Ensure Integrity of Composite Structure (파괴시험을 통한 복합재 구조물의 건전성 입증)

  • Yang, Hyun-Deok;Jeong, Duck-Young;Lee, Kyung-Cheol;Jin, Young-Kwon
    • Aerospace Engineering and Technology
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    • v.6 no.1
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    • pp.230-236
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    • 2007
  • The quality control of composite structure includes inspection, testing and monitoring in all processes from receiving inspection to part fabrication. The purpose of these activities is to ensure that the design objectives are consistently achieved. The quality factors include material, receiving inspection, storage and shelf-life control, environmental control, testing, inspection and record control. This paper presents the process verification method using destructive test and quality control method in composite structure of aircraft. And it is believed that the destructive test will be basis to obtain a reliability of non-destructive test in complex composite structure and to ensure the design requirements in composite part.

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Effect of Lift-offset Rotor Hub Vibratory Load Components on Airframe Vibration Responses of High-Speed Compound Unmanned Rotorcrafts (고속비행 복합형 무인 회전익기의 Lift-offset 로터 허브 진동 하중 성분과 기체 진동 응답의 상관 관계의 연구)

  • Kim, Ji-Su;Hong, Sung-Boo;Kwon, Young-Min;Park, Jae-Sang
    • Journal of the Korea Institute of Military Science and Technology
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    • v.24 no.3
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    • pp.255-263
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    • 2021
  • This paper investigates numerically the effect of rotor hub vibratory load components on the airframe vibration responses of high-speed compound unmanned rotorcraft (HCUR) using a lift-offset coaxial rotor, wings, and two propellers. The rotor hub vibratory loads are predicted using a rotorcraft comprehensive analysis code, CAMRAD II, and the airframe vibration responses are calculated by a finite element analysis software, MSC.NASTRAN. It is shown that the vibratory hub pitch moment of a lift-offset coaxial rotor is the most dominant component for both the longitudinal and vertical vibration responses at four specified locations of the airframe.