• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.101-124
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• 2011

Since 1961, Aviation Act has regulated all aspects related to air transport business, aviation safety and airport. However, we are to face the new challenges that have to support air transport business more efficiently and air transportation services to the people effectively in condition of the globally competitive air transport industry. In this sense, the government proposed to devide "Aviation Act" into 'Air Transport Business Act', 'Aviation Safety Act', 'Airport Facility Act' in a timely manner. At first I am to take a look about the laws of traffic-related legislation and national laws of Japanese aviation system, and to evaluate implications. In addition, the background, the organization and the main information of the Act (Draft) will be introduced. And I would like to discuss the issues raised and suggest an alternative. In particular, the name of the Act (Draft), the specifying of airport manager operater, accounting method of airport development projects belong to the nation, the delegation of the authority and other issues are discussed to provide a starting point. In conclusion, the division of current "Aviation Act" is considered absolutely necessary. To stimulate fair competition, safety regulations and efficiency, the legislation process would be desirable in the direction of the total development of the aviation industry as well as ensuring aviation safety.

• Aerospace Industry
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• s.92
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• pp.24-27
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• 2006

참여정부의 국방획득 제도개선 추진의 결과로 방위사업법이 제정되고, 이 법에 따라 방위사업청 산하 정부출연 법인체로 '06년 2월 2일 새로운 조직의 국방기술품질원(이하 기품원)이 탄생하게 되었다. 이에 기품원 사천센터에서 있었던 T-50엔진(F-404-102)의 내구성 시험평가 현황을 알아보고 이 과정에서 느낀 교훈을 살펴보고자 한다.

• 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.

• The Journal of Aerospace Industry
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• s.68
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• pp.80-94
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• 2006

유효경쟁시장은 사업자의 수와 시장구조 측면에서는 독과점적인 시장이더라도 기존사업자간 경쟁이 상당히 치열하거나 잠재적 진입에 의한 경쟁압력이 커서 특정사업자가 시장지배력을 보유하거나 이를 행사하기 어려운 시장상태를 말하며, 항공산업의 경우 일반적인 네트워크 산업과 마찬가지로 대규모 설비투자가 필요하고 높은 고정비용과 규모의 경제가 뚜렷한 특성을 갖고 있으며 네트워크효과도 강하게 나타나 비대칭적 규제가 필요한 대표적인 산업이라고 할 수 있다. 우리나라 경제당국은 평균비용이 장기적으로 하락하는 대규모 자본산업에서 자연독점이 발생할 경우, 그 피해는 자연히 소비자에게 돌아 갈 것이며, 미국과 EC의 경쟁법상의 유효경쟁의 개념으로 제시되고 있는 요소들을 보면 주로 어느 한 기업이 시장지배력을 행사하는 시장상황을 나열하여 규제함으로써 최대의 이익이 소비자에게 돌아가도록 규제하고 있다. 항공운송사업은 자본집약적 서비스산업으로 일반서비스 산업에 비해 상대적으로 일정수준까지 자본투자가 전제되어야 하는 자본집약적 특성을 지닌다. 따라서 항공운송산업의 성패는 대규모 자본을 통한 운송능력에 대한 효율화 정도에 따라 결정된다. 여기에 시장에 진입 시기와 독점 유지기간도 중요한 역할을 한다. 또한 항공운송산업은 정부의 면허사업으로 선발항공사가 수익노선을 선점하여 운항할 경우, 정부의 별도 허가에 의하여 복수취항이 이루어진다고 하더라도 운항편수 및 고객 선호 시간대를 미리 선점할 수가 있어 후발항공사에 비해 우월적 지위를 갖게 되어 공정경쟁이 극히 어렵다고 할 수 있는데, 이는 수십년간 아시아나의 압도적인 서비스/안전에 대한 높은 평가에도 불구 대한항공과 아시아나의 격차는 2000년 이후 일정하게 유지되고 있다는 점에서 확인할 수 있다. 국내 항공운송산업은 면허산업으로, 운수권의 확보에 따라 항공사의 매출 차이가 결정되는 바, 항공운송산업에서의 유효경쟁을 확보는 1차적으로는 정부의 운수권 배분을 통하여 실현되며 양사의 운수권 배분내역에 의하면 선발사업자에 대한 유효경쟁정책이 실현되지 않고 있다고 할 수 있다. 대부분의 노선에서 복수취항이 허용된다고 하더라도 강력한 스케줄, 가격(운임) 경쟁력, 선발항공사의 이점, 고객 선호도의 미반영 등으로 인하여 공정한 경쟁이 이루어지지 않을 가능성이 매우 높다. 이처럼 평균비용이 장기적으로 하락하는 항공산업에서 선발항공사에 대한 쏠림 현상이 가중된다면 향후 10년내에 국내 항공운송산업에 자연 독점이 발생할 가능성은 매우 크며 그 피해는 소비자에게 돌아갈 것이 자명하다. 결국 우리나라의 항공운수산업에서의 유효경쟁환경을 조성하기 위해서는 운수권 배분 절차에서의 비대칭규제의 원리가 상당기간 적용되어야 하며, 복수취항이 허용된 노선에서도 후발사업자가 공정하게 경쟁할 수 있도록 비대칭규제방안이 강구되어야 한다. 뿐만아니라 보충적으로 공정거래법상의 시장지배적 지위의 남용규제와 같은 비대칭규제도 강력하게 집행되어야 할 것으로 판단된다.

• The Korean Journal of Air & Space Law and Policy
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• v.6
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• pp.377-400
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• 1994

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.169-195
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• 2020

With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• NEWSLETTER 전기공업
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• no.3 s.3
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• pp.1-13
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• 1990

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.97-158
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• 2010

The purpose of this paper is to research on the contents and improvement of national legislations relating to space development in Korea to make the sustainable progress of space development project in Korea. Korea has launched its first satellite KITST-1 in 1992. The National Space Committee has established "The Space Development Promotion Basic Plan" in 2007. The plan addressed the development of total 13 satellites by 2010 and the space launch vehicle by 2020, and the launch of moon exploration spaceship by 2021. Korea has built the space center at Oinarodo, Goheng Province in June 2009. In Korea the first small launch vehicle KSLV-1 was launched at the Naro Space Center in August 2009, and its second launch was made in June 2010. The United Nations has adopted five treaties relating to the development of outer space as follows : The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties has come into force. Korea has ratified the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention and the Registration Convention excepting the Moon Treaty. Most of development countries have enacted the national legislation relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. There are currently three national legislations relating to space development in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Ministry of Knowledge Economy of Korea has announced the Full Amendment Draft of Aerospace Industry Development Promotion Act in December 2009, and it's main contents are as follows : (1) Changing the title of Act into Aerospace Industry Promotion Act, (2) Newly regulating the definition of air flight test place, etc., (3) Establishment of aerospace industry basic plan, establishment of aerospace industry committee, (4) Project for promoting aerospace industry, (5) Exploration development, international joint development, (6) Cooperative research development, (7) Mutual benefit project, (8) Project for furthering basis of aerospace industry, (9) Activating cluster of aerospace industry, (10) Designation of air flight test place, etc., (11) Abolishing the designation and assistance of specific enterprise, (12) Abolishing the inspection of performance and quality. The Outer Space Development Promotion Act should be revised with regard to the following matters : (1) Overlapping problem in legal system between the Outer Space Development Promotion Act and the Aerospace industry Development promotion Act, (2) Distribution and adjustment problem of the national research development budget for space development between National Space Committee and National Science Technology Committee, (3) Consideration and preservation of environment in space development, (4) Taking the legal action and maintaining the legal system for policy and regulation relating to space development. The Outer Space Damage Compensation Act should be revised with regard to the following matters : (1) Definition of space damage and indirect damage, (2) Currency unit of limit of compensation liability, (3) Joint liability and compensation claim right of launching person of space object, (4) Establishment of Space Damage Compensation Council. In Korea, it will be possible to make a space tourism in 2013, and it is planned to introduce and operate a manned spaceship in 2013. Therefore, it is necessary to develop the policy relating to the promotion of commercial space transportation industry. Also it is necessary to make the proper maintenance of the current Aviation Law and space development-related laws and regulations for the promotion of space transportation industry in Korea.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.13 no.4
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• pp.76-91
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• 2005

항공운송산업은 여객운송과 화물운송 등에 있어서 그 비중이 계속적으로 증가하여 왔으며 다양한 산업 및 기업들과 연관되어 있다. 그런데 항공운송산업에서 파업이 발생한다면 이를 대체할 만한 수단이 없어 항공사가 막대한 손실을 입을 뿐만 아니라 파업의 연쇄효과로서 적기납품 곤란으로 인한 수출관련 기업에의 타격, 관광 등 연관산업에의 악영향, 기업 및 국가 신인도 하락, 국민생활의 불편과 사회불안 등을 야기시킨다. 이렇듯 항공사 파업에 의한 경제 손실규모가 일반 사업장과는 비교가 안 될 만큼 막대하기에 국가적 차원에서 논의되어야 할 필요가 있다. 현생법상 항공운송산업은 공익사업으로서 노동부장관의 긴급조정 결정으로 노동쟁의를 해결할 수 있게 되어있다. 그러나 긴급조정 제도는 발동요건상 활용에 어려운 점이 많아서 경영계는 직권중재제도의 도입을 주장하고, 노동계는 직권중재 및 일방중재신청제도의 폐지를 주장하고 있으며, 정부는 새로운 대안으로서 최소업무 유지 의무 제도 도입 등을 고려하고 있으나 항공운송산업이 갖는 특수성, 공공성과 국민경제에 미치는 영향을 고려해 볼 때 필수공익사업 지정과 직권중재의 활용이 더 적절한 방법이라고 보여지며, 남용방지를 위해 회부요건·절차 등은 법률로 명시할 필요가 있다. 만일 직권중재제도가 폐지되고 최소업무 유지의무 제도가 도입된다면 항공운송산업이 그 대상업무에 반드시 포함되어야 한다.