• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.225-285
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• 2017

In regard to the regulations related to the RPA(Remotely Piloted Aircraft), which is sometimes called in other countries as UA(Unmanned Aircraft), ICAO stipulates the regulations in the 'RPAS manual (2015)' in detail based on the 'Chicago Convention' in 1944, and enacts provisions for the Rules of UAS or RPAS. Other contries stipulates them such as the Federal Airline Rules (14 CFR), Public Law (112-95) in the United States, the Air Transport Act, Air Transport Order, Air Transport Authorization Order (through revision in "Regulations to operating Rules on unmanned aerial System") based on EASA Regulation (EC) No.216/2008 in the case of unmanned aircaft under 150kg in Germany, and Civil Aviation Act (CAA 1998), Civil Aviation Act 101 (CASR Part 101) in Australia. Commonly, these laws exclude the model aircraft for leisure purpose and require pilots on the ground, not onboard aricraft, capable of controlling RPA. The laws also require that all managements necessary to operate RPA and pilots safely and efficiently under the structure of the unmanned aircraft system within the scope of the regulations. Each country classifies the RPA as an aircraft less than 25kg. Australia and Germany further break down the RPA at a lower weight. ICAO stipulates all general aviation operations, including commercial operation, in accordance with Annex 6 of the Chicago Convention, and it also applies to RPAs operations. However, passenger transportation using RPAs is excluded. If the operational scope of the RPAs includes the airspace of another country, the special permission of the relevant country shall be required 7 days before the flight date with detail flight plan submitted. In accordance with Federal Aviation Regulation 107 in the United States, a small non-leisure RPA may be operated within line-of-sight of a responsible navigator or observer during the day in the speed range up to 161 km/hr (87 knots) and to the height up to 122 m (400 ft) from surface or water. RPA must yield flight path to other aircraft, and is prohibited to load dangerous materials or to operate more than two RPAs at the same time. In Germany, the regulations on UAS except for leisure and sports provide duty to avoidance of airborne collisions and other provisions related to ground safety and individual privacy. Although commercial UAS of 5 kg or less can be freely operated without approval by relaxing the existing regulatory requirements, all the UAS regardless of the weight must be operated below an altitude of 100 meters with continuous monitoring and pilot control. Australia was the first country to regulate unmanned aircraft in 2001, and its regulations have impacts on the unmanned aircraft laws of ICAO, FAA, and EASA. In order to improve the utiliity of unmanned aircraft which is considered to be low risk, the regulation conditions were relaxed through the revision in 2016 by adding the concept "Excluded RPA". In the case of excluded RPA, it can be operated without special permission even for commercial purpose. Furthermore, disscussions on a new standard manual is being conducted for further flexibility of the current regulations.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.3-35
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• 2009

A concept of Aircraft crime includes an Air range, unlawful seizure of aircraft and unlawful acts against the safety of civil aviation. There are international treaties and conventions which have mainly been enacted by ICAO. The following treaties and conventions are categorical and unconditional norms that any States are clearly condemned. Convention on Offences and Certain other Acts Committed on Board Aircraft, Convention for the Suppression of Unlawful Seizure of Aircraft, Convention for the suppression of unlawful acts against the safety of civil aviation, Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Convention on the Marking of Plastic Explosives for the Purpose of Detection In this essay, I present the meaning of the aircraft crime mentioned on the treaties above and jurisdiction of the crime. Moreover, I explain how to demand reparation for damages onboard or on the surface when an aircraft crime is occurred. Lastly, I indicate legal bases of how to protect the victims of the aircraft crime by mentioning specific cases relating to the crime.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.177-214
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• 2016

During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.33 no.2
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• pp.171-187
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• 2023

Objectives: Aircraft cabin cleaning work is characterized by being performed within a limited time in a narrow and enclosed space. The objective of this study was to evaluate the exposure levels to dust, ultra fine dust(PM2.5) and black carbon(BC) among aircraft cabin cleaners. Methods: Active personal air sampling for respirable dust(n=73) and BC(n=47) was conducted during quick transit cleaning(cabin general and vacuum-specific) and seat cover replacement and total dust and PM2.5 were area-air-sampled as well. Also, size distribution of particle was identified with the cleaning workers targeted. Dusts were collected with PVC filters using gravimetric analysis. The concentration of PM2.5 and the particle size distribution were measured with real-time direct reading portable equipment using light scattering analysis. The concentration of BC was measured by aethalometer(filter-based real-time light absorption analysis instrument). Results: The geometric mean of respirable dust was the highest at vacuum cleaning as 74.4 ㎍/m³, following by replacing seat covers as 49.3 ㎍/m³ and cabin general cleaning as 47.8 ㎍/m³ . The arithmetic mean of PM2.5 was 4.83 ~ 9.89 ㎍/m³ inside the cabin, and 28.5~44.5 ㎍/m³ outside the cabin(from bus and outdoor waiting space). From size distribution, PM_2.5/PM₁₀ ratio was 0.54 at quick transit cleaning and 0.41 at replacing seat covers. The average concentration of BC was 2~7 ㎍/m³, showing a high correlation with the PM2.5 concentration. Conclusions: The hazards concentration levels of aircraft cabin cleaners were very similar to those of roadside outdoor workers. As the main source of pollution is estimated to be diesel vehicles operating at airports, and it is necessary to replace older vehicles, strengthen pollutant emission control regulations, and introduce electric vehicles. In addition, it is necessary to provide as part of airport-inftastructure a stable standby waiting space for aircraft cabin cleaners and introduce a systematic safety and health management system for all workers in the aviation industry.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.87-108
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• 2014

Recent examples of abuse by black consumers (including air travellers) against emotional laborers have become a serious social issue in Korea in that they are likely to violate human rights of those laborers. Emotional labor is a form of emotion regulation that creates a publicly visible facial and bodily display, and also emotional management within the workforce that creates a situation in which the emotion management by workers can be exchanged in the marketplace. Example professions that require emotional labor are: nurses, doctors, waiting staff, and television actors. However, as the economy moves from a manufacturing to a service-based economy, many more workers in a variety of occupational fields are expected to manage their emotions according to employer demands when compared to the past. One of symptoms deriving from emotional labor is smile mask syndrome abbreviated SMS, which is a psychological disorder proposed by professor Makoto Natsume where subjects develop depression and physical illness as a result of prolonged, unnatural smiling. And higher degree of using emotion regulation on the job is related to higher levels of employees' emotional exhaustion, and lower levels of employees' job satisfaction. In most part, emotional laborers are more abused and hurt by so called black consumers who are raising complaints relating to products and services purchased against service providers for the purpose of maliciously getting compensation. Against this background, the Korean Government abolished "the Consumer Protection Act" and instead promulgated "the Basic Consumer Act" in September 2006 which stipulates that consumers are expected to have protection as well as responsibility and duty. The Aviation Security Act cites the examples of prohibited behaviors (unruly passengers) while they are travelling. In addition, human rights of emotional laborers could be more protected by the enhancement of etiquettes and cavalry and improvement of culture and working environment.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.157-179
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• 2006

According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. So Republic of Korea Government enact the Law, Aviation Safety and Security. The Purpose of this Act is to prevent any unlawful act in airport facilities with international conventions, including the ICAO to provide for standards, procedures and mandatory matters needed to ensure the safety and security of civil aviation. But the Act has some error. So is this paper to review the revision of aviation security regulation and the changes of aviation security responsibilities and task assignment. There is the term "aviation security personnel", who are charged with the task of preventing any act of disrupting the order and safety in airport. But there is no term "security screening personnel" who performs to detect or search for dangerous object, such as weapons or explosives, which may be used for the unlawful obstruction.