• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.109-139
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• 2004

The first successful sustained powered flight by Wright Brothers was further extended to the rapid development of aviation technology, that led to transpacific flights, the invention of supersonic planes, and enabled hundreds of people to travel in the space, in addition to the fact that around 10 people had stepped on the moon, all of which were made possible within the very same century. However, on the back side of this most wondrous human technology, the vulnerableness to the aviation accident has been constantly accompanied with, right from the very beginning stage of the aircraft development. Moreover, the development of future aircraft is being focused on the aircraft performance, the increment of the number of passengers aboard and also its speed. In proportion to these phenomena of mega sizing the aircraft, the development of new technology and the increment of air traffic volume, the number of aviation accident is expected to augment, resulting in the enormous loss of human lives and properties. In order to prevent the disastrous aviation accident as such, it is essential to conduct the accident investigation in a specialized, systematic and scientific manner. In search for the method to attain the effective function of the aviation accident investigation organization, in this study, issues were examined as follows: The full-time Board Members and the establishment of an integrated investigation agency, The systematized security of status as an accident investigator, Inclusion of a human factors specialist in the investigator group organization, liability limit of an accident investigator Stipulation of the definition and the investigation scope of an accident and serious incident, along with the main body of conducting the investigation into the accident involving both civil and public aircraft, in the regulations related to the accident investigation.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.137-162
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• 2004

Generally the aircraft accident caused a great loss of lives, severe property damages including aircraft's total loss and thus, affect enormous emotional and economic damages to the public. We, therefore, should try every efforts to prevent the re-occurrence of aircraft accident by examining the cause of accident closely and discovering it through aircraft accident investigation. Though the object of an accident investigation is not to apportion blame but to discover a cause or causes of an accident to prevent future accidents, the cause of an accident would play a vital role in determining the liability of the carrier, legal relationship with the third party and jurisdiction, etc. in the aviation litigation. Therefore, it is very important that aircraft accident investigation are carried out by a professional and independent agency. Also, it needs for us to be careful in applying investigation results in the courts not to be deterrent to discovering the cause of accident. Korea now has the Aviation Accident Investigation Agency Board under the Korean Ministry of Construction and Transportation, but unfortunately it is often pointed out that it lacks professionalism and independency due to the bureaucratism of the Government. We, therefore, should establish a professional and independent aircraft accident investigation agency like United States' NTSB and reflect the issues mentioned-above on the new Act.

• Transactions of the KSME C: Technology and Education
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• v.4 no.2
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• pp.117-122
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• 2016

Ecumenically, RPAS(Remotely Piloted Aircraft System) operation has been increased and the related accidents also have occurred. Accordingly, national authorities, organizations and industry have been striving for amendment and enactment of policy and regulation related to the RPAS(Remotely Piloted Aircraft System) operation. And ICAO had performed the joint study to make international standards through UASSG(Unmanned Aerial System Study Group). Recently this group has been switched to the panel meeting, RPASP(Remotely Piloted Aircraft System Panel). It has been discussed to make the related annex, SARPs(Standards and Recommended Practices) and etc. in RPASP. In this paper, we investigated the trend of study and development for ICAO RPAS policy and regulation. Based on these results, we suggested considerations to prepare domestic policy and regulations.

• Journal of Advanced Navigation Technology
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• v.22 no.4
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• pp.279-287
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• 2018

Flight tests for aircraft development and certification have higher air accidents risk than other aerospace industries. Accordingly risk identification necessary for risk management in the safety management system is a very important factor in preventing similar air accidents during flight tests. But internationally issued accident statistics are usually confined to commercial transport aircraft and they do not reflect characteristics of flight tests, also databases to hazards identification during flight tests are not established or available in Republic of Korea. Therefore, we identified flight test procedures and traced the major causes of aviation accidents based on the statistics and preventive materials for risk management which were issued by international organizations and advanced countries of aviation. A total of 312 final reports classified as flight test among air accident/incident database held by U.S. NTSB were researched and about 200 flight test hazard were identified. The results of this study will be used as basic data for establishing the safety management system of the national comprehensive flight performance test site.

• Journal of Advanced Navigation Technology
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• v.23 no.4
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• pp.281-288
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• 2019

A Flight test is an important process that must be performed to maintain airworthiness in the aircraft lifecycle, including aircraft development and certification. Flight test can be conducted for the purpose of demonstrating or verifying compliance with the applicable standard. Results of the flight test air accident analysis confirm that it is caused by a combination of various factors as well as aircraft. The International Civil Aviation Organization recommends the establishment and implementation of a safety management system to prevent aircraft accidents, but it does not reflect the specificity of the flight test. As such, advanced countries are providing separate criteria to assist stakeholder in conducting flight test safety management. This study investigates and analyzes relevant regulations of advanced countries, in accordance with the construction of a national flight performance test site in Korea, and proposes government-level guidelines to help stakeholders develop their flight test operation manuals. The guidelines discuss topics such as organizational composition, safety and risk management, flight operation, personnel management, and administrative issues.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.3-32
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• 2014

Safety Management System is the aviation industry policy for while operating the aircraft, to ensure the safety crew, aircraft and passengers. For operating a safe aircraft, in order to establish the international technical standards, the International Civil Aviation Organization has established the Annex 19 of the Convention on International Civil Aviation. As a result, member country was supposed to be in accordance with the policy of the International Civil Aviation Organization, to accept the international standard of domestic air law. The South Korean government announced that it would promote active safety management strategy in primary aviation policy master plan of 2012. And, by integrating and state safety programmes(ssp) and safety management system(sms) for the safe management of Annex 19 is to enforce the policy on aviation safety standards. State safety programmes(ssp) is a system of activities for the aim of strengthening the safety and integrated management of the activities of government. State safety programmes(ssp) is important on the basis of the data of the risk information. Collecting aviation hazard information is necessary for efficient operation of the state safety programmes(ssp) Korean government must implement the strategy required to comply with aviation methods and standards of the International Civil Aviation Organization. Airlines, must strive to safety features for safety culture construction and improvement of safety management is realized. It is necessary to make regulations on the basis of the aviation practice, for aviation safety regulatory requirements, aviation safety should reflect the opinion of the aviation industry.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.311-336
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• 2015

This article surveys the current international law with respect to RPAS from both the public air law and private air law perspectives. It then reviews current and proposed Australian domestic RPAS regulation while emphasizing the peculiar risks in operation of RPAS; and how they affect concepts of liability, safety and privacy. While RPAS operations still constitute only a small portion of total operations within commercial aviation, international pilotless flight for commercial air transport remains a future reality. As the industry is developing so quickly the earlier the pursuit of the right policy solutions begins, the better the law will be able to cope with the technological realities when the inevitable risks manifest in accidents. The paper acknowledges that a domestic or regional approach to RPAS, typified by the legislative success of the Australian experience, is and continues to be the principal measure to deal with RPAS issues globally. Furthermore, safety remains the foremost factor in present and revised Australian RPAS regulation. This has an analogue to the international situation. Creating safety-related rules is imperative and must precede the creation or adoption of liability rules because the former mitigates the risk of accidents which trigger the application of the latter. The flipside of a lack of binding airworthiness standards for RPAS operators is potentially a strong argument that the liability regime (and particularly strict liability of operators) is unfair and unsuited to pilotless flight. The potential solutions the authors raise include the need for revised ICAO guidance and, in particular, SARPs with respect to RPAS air safety, airworthiness, and potentially liability issues for participants/passengers, and those on the ground. Such guidance could then be adapted swiftly for appropriate incorporation into domestic laws bypassing the need for or administrative burden and time it would take to activate the treaty process to deal with an arm of aviation that states know all too well is in need of safety regulation and monitoring.