• Title/Summary/Keyword: 항공법

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A Study on the Application of Domestic Aircraft Certification (국내 항공기 자격증명 적용에 관한 연구)

  • Min-Woo Park;Kyu Ho Cho;Yeon-Young Sung
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.32 no.1
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    • pp.10-18
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    • 2024
  • Domestic aviation law stipulates methods and matters for safe and efficient navigation in accordance with the International Civil Aviation Convention. Following the International Civil Aviation Convention is very important for aviation safety because it not only presents domestic standards but also ensures that the safety standards presented by ICAO are implemented. If the above criteria are not met, it is a very important regulation as well as domestic legal effect as other member countries can be directly or indirectly affected by intensive monitoring by ICAO even without direct legal sanctions. Domestic aviation safety management conducts safety management evaluation according to USOAP and is considered to have the highest implementation rate among countries that have received USOAP so far. In this paper, we would like to ways to improve by comparing and analyzing how domestic aircraft reflect the contents of Annex 1 based on ICAO Annex 1: Personnel Licensing among the annexes of the ICAO.

Liability of Air Carrier and its Legislative Problems in China : Some proposals for its Amendments (중국 항공운송법의 현황 및 주요내용과 앞으로의 전망 : 항공운송인의 책임을 중심으로)

  • Li, Hua
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.147-176
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    • 2011
  • China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

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Analysis of the English Proficiency Test for Aviation (항공영어구술능력증명시험 분석)

  • Lee, Gi-Il
    • 한국항공운항학회:학술대회논문집
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    • 2015.11a
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    • pp.121-126
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    • 2015
  • 국제민간항공기구는 항공안전을 도모하는 차원에서 ICAO 항공영어제도(ICAO LPRs)의 국제 표준을 제정하였다. 이에 따라 우리나라는 2005년 11월 8일 항공법을 개정하여 항공영어능력증명시험(EPTA)을 만들었다. 본 연구는 항공영어제도의 문제점을 분석하고 개선하는데 목적이 있다. 조사는 우리 항공영어제도와 해외사례를 비교하고 문제점을 분석하였다. 연구결과, 우리 항공영어제도와 ICAO 항공영어제도, 다른 나라 항공영어제도 사이에 차이점들이 나타나고 개선이 필요한 것으로 조사되었다. 개선은 직무연관성을 보강하는 방향으로 문항개선과 등급제도 개선 방안 등을 제시하였다.

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The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

Legal Problems of Crimes against Aircraft Safety in Korean Law (항공안전 관련 형사특별법에 대한 연구)

  • Song, Seong-Ryong;Kim, Dong-Uk
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.69-100
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    • 2011
  • The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

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A Study on Operational Improvements for Reducing Carbon Emissions from Aviation (항공 탄소 배출 감소를 위한 운영 개선 방안 연구)

  • Sung-Mi Kim;Eun-Mi Kim;Sang-Hoon Lim;Ho-Won Hwang
    • Journal of Advanced Navigation Technology
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    • v.27 no.1
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    • pp.119-125
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    • 2023
  • It is necessary to reduce aviation GHG(CO2) emission to ensure aviation sustainable development. Operational improvements may not contribute significantly to carbon reduction but it can sustatially reduce emission in a short term. ICAO has developed GANP and ASBU to optimize operations and countries are making efforts to expand infrastructure and develop technology. The legal barriers to operational improvement are based on the notion of state sovereignty under the Chicago Convention which allows countries to control inefficiencies based on borders or limit or prohibit the passage of aircraft. Chicago Convention does not grant unlimited freedom of air sovereignty and if the concept of state sovereignty is interpreted according to the times it is possible to achieve smooth operational improvement.

A Study on the Judicial Judgment of Flight Regulations under the Aviation Safety Act (항공안전법상 운항규정의 사법적 판단에 관한 고찰 )

  • Sung-mi Kim;Hee-bok Ahn;Un-jin Yeo;Ho-won Hwang
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.31 no.3
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    • pp.161-171
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    • 2023
  • The traditional safety management method starts with the misconception that similar accidents will recur if the inappropriate behavior of the person who caused the accident is investigated and punishment is not judged. However, in modern safety management, incidents or situations occur when negative conditions latent in the system are mutually influenced and triggered. The precedent for revoking the disposition of suspension of first officer A of Eastar Jet, which won a legal lawsuit against the administrative regulatory authority, is a representative example that will serve as an opportunity for the administrative regulatory authority to break away from the punishment-oriented safety management method of the past. On the other hand, airmans and air carriers also need to have a clear understanding of flight regulations, and when judicial judgment is required, predictable and effective legal effects can be obtained by preparing clear standards for flight regulations. In addition, administrative regulatory authorities expect a change from the punishment-oriented safety management policy of the past to a systematic safety management policy.

Restrictions and Solutions on the Operation of Coast Guard Aircraft in the Provisional Measures Zone between Republic of Korea and China (국제민간항공협약 및 항공안전법 적용 기준 차이에 따른 해양경찰 항공기의 한·중 잠정조치수역 비행시 제한사항 및 해결방안)

  • Ki Yeon Kim;Jang Ryong Lee
    • Journal of Advanced Navigation Technology
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    • v.28 no.1
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    • pp.37-43
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    • 2024
  • National aircraft are subject to exceptions under the International Civil Aviation Convention. Each country must ensure the safety of civil aircraft through reasonable consideration (due regard). Accordingly, the Aviation Safety Act of Korea also includes an exception for national aircraft. However, Korea Coast Guard aircraft are legislated to be subject to the law on five provisions. As Korea Coast Guard aircraft operate under the application of these provisions of international and domestic laws, they will be required to control flight procedures from China's civil air traffic control when flying over provisional action zone, which is international waters in the West Sea. China's demand is a major limiting factor in protecting the safety of the people of Korea, which is the original mission of Korea Coast Guard aircraft, and through this study, countermeasures to solving these problems at the national level were suggested.

Multicopter System modeling using parameter estimation (파라미터 추정기법을 이용한 회전익 멀티로터 시스템 모델링)

  • Jo, Wan-Seok;Lee, Myeong-Hwa
    • 한국항공운항학회:학술대회논문집
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    • 2016.05a
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    • pp.26-29
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    • 2016
  • 본 논문에서는 멀티로터 시스템의 모델리을 위한 방법으로 파라미터 추정법을 제시하였으며 이를 위해 실제 비행데이터를 이용한다. 파라미터 추정법으로는 예측오차 기법과 순화최소자승법이 사용되었고 그 결과를 나타내었다.

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