• Title/Summary/Keyword: 항공지연

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The Delay of Re-Routing Flight and Scope of Extraordinary Circumstances in the European Air Transportation Law: A Case Comment on A and Others v. Finnair Oyj [2020] Case C-832/18 (EU항공여객운송법 체제에서 대체항공편의 운항지연과 특별한 사정의 범위 - 2020년 EU사법재판소 A and Others v. Finnair Oyj, Case C-832/18 판결을 중심으로 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.197-224
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    • 2020
  • This paper reviews and criticizes some issues as to the case of A and Others v. Finnair Oyj [2020] Case C-832/18 by examining EU Regulations and practical point of views. Under this case, the travellers brought an action against Finnair in light of the Air Passenger Regulation12, seeking compensation for both the first cancelled flight, and the delayed re-routed flight. Finnair had paid the first compensation, but refused to grant the second claim, arguing that the regulation did not set out that passengers were eligible for a second claim in those situations, and that the delay of the second flight was a consequence of 'extraordinary circumstances' under the regulation. The Court of Appeal in Helsinki has asked the CJEU whether an air passenger is entitled to a further compensation where a re-routed flight they have agreed to take is delayed, where both the original and rerouted flight are operated by the same air carrier. The CJEU held that the regulation does not in any way limit the rights of passengers where they find their flights being re-routed. As such, under earlier CJEU case law, the relevant travellers here were entitled to compensation for cancellation of the first flight and delay of the second flight. It also disagreed with Finnair's assessment that the technical failure in the re-routing flight was a matter of extraordinary circumstances.

Denied Boarding and Compensation for Passengers in the EU Air Transport Legal Framework and Cases (항공여객운송에서의 탑승거부와 여객보상기준)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.203-234
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    • 2019
  • The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

Development of Fast-Time Simulator for Aircraft Surface Operation (항공기 지상 이동 Fast-Time 시뮬레이터 개발)

  • Kim, Tae Young;Park, Bae-Seon;Lee, Hywonwoong;Lee, Hak-Tae
    • Journal of Advanced Navigation Technology
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    • v.23 no.1
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    • pp.1-7
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    • 2019
  • Thisstudy presentsthe development of a fast-time airport surface simulator. The simulator usesthe output from a first-come first-served (FCFS) scheduler and has adopted one-dimensional dynamic model to simulate the movement of the aircraft on the surface. Higher collision risks situations in the airport surface traffic are analyzed to classify those situations into six cases. A conflict detection and resolution algorithm is implemented to maintain separation distance and to prevent deadlock. The simulator was tested with a scenario at the Incheon International Airport that contains 72 aircraft. Without the conflict detection and resolution, various conflict situations are identified. When the conflict detection and resolution algorithm is managing the traffic, it is confirmed that the conflicts are removed at the price of additional delays. In the conflict resolution algorithm, three prioritization strategies are implemented, and delayed aircraft count and average additional delays are compared. Prioritization based on remaining time or distance showed smaller total additional delay compared to choosing minimum delay priority for each situation.

Prediction of "Air-moving on Schedule" by Markov chain (마코프 체인을 이용한 항공운항의 정시성 예측)

  • Ha, Man-Seok;Namgung, Jung-Il;Park, Soo-Hyun
    • Proceedings of the Korea Information Processing Society Conference
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    • 2015.10a
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    • pp.1299-1301
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    • 2015
  • 항공서비스에 있어서 여러 중요한 요소가 있지만 그 가운데 가장 중요한 요소로 운항의 정시성을 들 수 있다. 본 논문에서는 마코프 체인을 이용하여 항공사 및 공항의 정시성을 평가하고 예측하고자 하였다. 실험용 데이터로 선택한 미국 항공운항 데이터를 기상 악화에 따른 도착지연시간을 기준으로 정시성이 우수한 항공사를 제안하는 기능을 테스트하였다. 본 논문에서는 과거의 항공운항 데이터를 활용하여 미래의 운항 지연을 예측할 수 있도록 마코프 체인을 기반으로 한 예측 방법을 제시하였다.

Fatigue Crack Growth Retardation Using Ring Indentation (링압인을 이용한 피로균열의 성장지연효과)

  • Im,Won-Gyun;Song,Jeong-Hun
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.31 no.10
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    • pp.27-33
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    • 2003
  • A method for the retardation of fatigue crack growth using ring indentation at the vicinity of a crack is examined. Residual stresses near crack tip are evaluated using fracture mechanics approach using the Bueckner weight function. The motivation is to develop a simple and effective method for obtaining an increase in fatigue lives to total failure of materials with crack. Fatigue testing of aluminum specimen showed that the retardation effects are observed after the application of the method.

Passenger's Right to Compensation in relation to Delayed Flights - From the perspective of EU case law - (운항지연에 따른 승객의 보상청구권 - EU 및 프랑스 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.249-277
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    • 2015
  • Regulation (EC) No 261/2004 ("Regulation") is a common rule on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In some recent cases of European nations, passengers sued the air carrier in order to obtain monetary compensation under Article 7(1) of the Regulation. Some courts dismissed the actions on the grounds that, unlike denied boarding or cancellation of the flight, the Regulation provides no compensation in relation to delayed flights. However, Court of Justice of the European Union(CJEU) ruled that Regulation 261/2004 must be interpreted to mean that passengers whose flights are delayed have a right to compensation in cases when the loss of time is equivalent to, or is in excess of three hours - where the passengers eventually reached their final destination three hours or more later than the originally scheduled arrival time. It is true that a strict interpretation of the regulation would suggest that passengers whose flight has merely been delayed are not entitled to compensation. They should only be offered assistance in accordance with the Articles 6 and 9. Nevertheless, the Court recognized the same right to the same compensation for passengers of flights delayed by more than three hours as that explicitly provided for passengers of cancelled flights. On the one hand, the Court bases this ruling on the recitals of the Regulation, in which the legislature links the question of compensation to that of a long delay, while indicating that the Regulations seek to ensure a high level of protection for passengers regardless of whether they are denied boarding or their flight is cancelled or delayed. On the other hand, the Court interprets the relevant provisions of the Regulation in light of the general principle of equal treatment. Furthermore, the Court delivered a ruling that the loss of time inherent in a flight delay, which constitutes an inconvenience within the intention of Regulation No 261/2004 and which cannot be categorized as 'damage occasioned by delay' within the meaning of Article 19 of the Montreal Convention, cannot come within the scope of Article 29 of that convention. Consequently, under this view, the obligation under Regulation No 261/2004 intended to compensate passengers whose flights are subject to a long delay is in line with Article 29 of the Montreal Convention. Although the above interpretation of the Court can be a analogical interpretation, the progressive attitude of the Regulation and the view of Court forward to protect passengers' interest is a leading role in the area of international air passenger transportation. Hopefully, after the model of the positive support in Europe, Korea can establish a concrete rule for protecting passengers' right and interest.

Transfer Alignment with Adaptive Filter Estimating Time Delay (시간지연 추정 적응필터 적용 전달정렬 기법)

  • Park, Chan-Ju;Yu, Myeong-Jong;Lee, Sang-Jeong
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.36 no.11
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    • pp.1079-1086
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    • 2008
  • During transfer alignment navigation information transferred MINS(master inertial navigation system) to SINS(slave inertial navigation system) has a changed time delay. The changed time delay degrades the performance of transfer alignment. This paper proposes an adaptive filter that estimates covariance of a time delay in real-time using residual of measurements. The performance of the adaptive filter is compared with that of the EKF(extended Kalman filter) in case of transfer alignment for vertical launcher in the ship. The results show that proposed method is more effective than EKF in estimating attitude errors.

A Study on the Liability for Damages of Air Carriers (항공운송인의 손해배상책임에 관한 연구)

  • Park, Jong-Ryeol
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2020.01a
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    • pp.95-98
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    • 2020
  • 4차 산업혁명과 더불어 급격하게 성장하고 있는 우리나라 항공운송산업은 다른 교통 및 운송수단에 비교하였을 때 항공운송이 갖는 고유한 특성인 안전성, 경제성, 국제성 등의 장점으로 인하여 꾸준히 성장을 거듭하고 있는 것이 사실이다. 하지만 이러한 성장과정 속에서 우리가 예상 할 수 없이 갑작스럽게 벌어지는 항공기 엔진 결함으로 지연 및 항공기 추락사고 등으로 발생되는 법률적인 분쟁도 지속적으로 증가해 가는 것도 틀림이 없다. 한편 그동안 항공사고를 둘러싼 인명피해나 재산상 손해에 대한 법률적인 분쟁에 있어서 국제항공운송과 관련해서는 국제조약으로 국내항공운송은 각 항공사가 제시한 항공운송약관 및 민법, 상법 등으로 해결을 해왔었다. 따라서 본 연구에서는 항공기사고와 관련한 항공운송인의 손해배상책임에 대한 쟁점사항을 살펴보고 그에 대한 합당한 개선방안을 적시하고자함이 본 연구의 목적이다.

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항공산업 특성화를 통한 지역 경쟁력 제고 방안

  • Lee, Gang-Seok
    • The Journal of Aerospace Industry
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    • s.69
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    • pp.28-58
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    • 2007
  • 최근 지역 경제주체들의 혁신역량을 극대화할 수 있는 지역혁신체제 구축을 통해 지역의 국제경쟁력 제고가 중요한 이슈가 되고 있으며 이러한 지역혁신의 원동력은 지역에서 성장가능산업의 발굴 및 활성화를 통한 지속적인 성장동인을 제공하는 것이 중요하며 지역 전략산업 및 지연산업 중심의 산학연관의 지역혁신체제 구축이 필요하다고 할 수 있다. 따라서 지역의 혁신역량 분석을 통한 산학연관의 네트워크를 구축하고 지역산업 육성 및 활성화를 위해 우리나라의 성장동력인 항공산업의 특성화를 통해 지역에서 경쟁력을 강화할 수 있는 방안에 대한 연구가 진행되었다.

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A Study on the Effect of Duty Free Shop Sales on Airline Delay at Airport - Focused on airlines of Incheon International Airport - (공항에서 면세점 매출액이 항공기 지연에 미치는 영향에 관한 연구 - 인천국제공항 탑승동 취항 항공사 대상으로 -)

  • Kim, Kwang Il
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.26 no.2
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    • pp.123-131
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    • 2018
  • Air transport industry tries to enhance punctuality, stability and amenity for customer's satisfaction. Especially airlines and airports do make an effort as the distance between these two stakeholders and passengers are close. This research has empirically discussed the relationship between duty free shop purchase of passengers and the number of flights and hours of schedule delay at the airport. According to the result, the total sales of duty free shop sales have meaningful influence on the number of flights and hours of delay. In order to decrease such an impact, close cooperation between airports and duty free shops required.