• Journal of the Korean Society for Aviation and Aeronautics
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• v.31 no.3
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• pp.42-49
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• 2023

Not only in aviation industry but also in other industries, safety data plays a key role to improve the level of safety performance. By analyzing safety data such as aviation safety report (text data), hazard can be identified and removed before it leads to a tragic accident. However, pre-processing of raw data (or natural language data) collected from each site should be carried out first to utilize proactive or predictive safety management system. As air traffic volume increases, the amount of data accumulated is also on the rise. Accordingly, there are clear limitation in analyzing data directly by manpower. In this paper, a topic prediction model for aviation safety mandatory report is proposed. In addition, the prediction accuracy of the proposed model was also verified using actual aviation safety mandatory report data. This research model is meaningful in that it not only effectively supports the current aviation safety mandatory report analysis work, but also can be applied to various data produced in the aviation safety field in the future.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.29 no.4
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• pp.160-165
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• 2021

In order to identify and analyze potential aviation safety hazards, analysis of aviation safety report data must be preceded. Therefore, in consideration of the provisions of the Aviation Safety Act and the recommendations of ICAO Doc 9859 SMM Edition 4th, personal information in the reporting data and sensitive information of the reporter, etc. It identifies the scope of de-identification targets and suggests a method for applying de-identification processing technology to personal and sensitive information including unstructured text data.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.3-51
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• 2017

From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

• Korean journal of aerospace and environmental medicine
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• v.29 no.1
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• pp.25-27
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• 2019

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.81-120
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• 2018

To promote the aviation safety reporting system that is operated to enhance aviation safety and to utilize related information, it should first be preceded by standards for non-punishment and data protection. It is because the purpose of collection and analysis of aviation safety related data through the aviation safety reporting system is to prevent recurrence of accidents by investigating their causes through collection and analysis of diverse types of information related to aviation safety. Both mandatory and voluntary reporting systems are in operation for aviation safety under the current Aviation Safety Act. It is said that they were introduced to survey causes for accidents and to prevent recurrences. In fact, however, it is hard to expect active implementation of the reporting system for aviation safety unless the reporters are firstly exempted from punishment. Therefore, the system should be improved so that it can satisfy its purpose and the purposes of data collection concerning aviation safety through examination of the purposes of the reporting system. One of the matters that needs to be considered to promote the reporting system should be the scope of aviation safety hindrances presupposed under the current institution. The voluntary aviation safety reporting system differs from the systems of ICAO or the key advanced countries, including the USA and the UK as it limits the target accidents subject to reporting to minor aviation safety hindrances only. That being said, improvements should be made by requiring mandatory reporting of aviation safety hindrances based on their severity while recognizing a greater variety of aviation safety concerns like international standards. Safety actions and sharing of information based on collection and analysis of diverse data related to aviation safety will greatly contribute to enhance aviation safety as the purposes of the reporting system are to explore causes for accidents and to prevent their recurrences. What is most important in this regard is strict data protection and non-punishment principles; compliance with them should be secured. We can hardly expect the successful operation of the system unless the reporter is exempted from punishment and the relevant data is protected as promotion of voluntary reporting is an essential factor for enhancing the safety culture. Otherwise, the current system may induce hiding of relevant facts or data to evade punishment. It is true that the regulation for enhancing safety tends to have limitations or blind spots; nevertheless, it should still be enforced strictly and completely. Technological progresses and mistakes of operators appear in different forms based on individual cases. The consequential damages may amount to a truly severe level. Therefore, we have studied and suggested to the methods of activiation and amendments on the aviation safety reporting system, which is referred for one of the proactive safety management systems. The proposed improvement of the reporting system and introduction of non-punishment for collection of aviation safety data for deploying a preemptive prevention system would serve as the backbone for enhancing aviation safety in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.30 no.2
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• pp.78-85
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• 2022

항공교통관제사와 조종사 사이의 의사소통은 항공기 운항 안전에 있어서 매우 중요한 요소이다. 국제민간항공기구(ICAO)는 민간항공운송산업의 발전과 안전 도모를 위해 조종사 영어자격능력 시험을 의무사항으로 규정하고 있다. 왜냐하면 조종사의 우수한 의사소통능력은 비상상황 또는 비정상상황을 즉각적으로 대응할 수 있는 매우 필수적인 능력들 중 하나이기 때문이다. 대한민국 국토교통부는 2006년부터 ICAO EPTA 시험을 민간항공운송에서 조종사 의무자격시험으로 법적으로 규정하고 산하기관인 교통안전공단을 통해 시험을 주관하고 있다. 본 연구는 EPTA 시험에 응시하는 응시자의 시험에 대한 신뢰성을 증진시키고 시험제도의 발전방안을 모색하고자 하였다. 이를 위해 본 연구는 첫째, EPTA 시험제도와 관련한 이론적 배경을 고찰하였다. 둘째, EPTA 시험제도의 국내에서 정착 및 발전과정을 살펴보았다. 셋째, EPTA 시험제도의 신뢰성증진 및 발전방안 모색을 위해 총 15명의 항공전문가들을 대상으로 질적 연구를 수행하였다. 본론의 질적연구를 통해 연구자들은 국외 ICAO 공식 인증 EPTA 시험결과와 국내 교통안전공단이 주관하는 EPTA 시험결과를 바탕으로 교차응시에 따른 EPTA 등급을 비교·분석할 수 있었으며 시험응시자들에 대한 인터뷰를 통해 국내 EPTA 시험 발전을 위한 개선방안을 도출하였다.

• 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.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.30 no.4
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• pp.145-158
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• 2022

To manage State Safety Program (SSP) in a more integrative and proactive manner, an aviation safety authority of the state shall detect and assess the risk of emerging or hidden safety hazards before they provoke accidents or incidents(ICAO, 2018). In case of South Korea, safety risk assessment is conducted by calculating the likelihood and severity of the hazard following ICAO's safety management manual. It is reasonable to extract the safety risk likelihood by calculating the number of occurrence caused by the hazard. However, it is ambiguous to assess the safety risk severity defined as the extent of harm that might be expected to occur as a consequence of the identified hazard. In this paper, a safety risk assessment method which quantitatively calculates the risk of hazard using aviation safety data(i.e. aviation safety mandatory report, etc.) is proposed. By utilizing the proposed method, the existing process that safety risk is being subjectively assessed by safety inspectors can be supplemented. So that essential aviation safety policy decision making can be accomplished by the accurate result of safety risk assessment.

• 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.