• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.163-177
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• 2004

Wenn man das fahrl${\"{a}}$ssige Begehungsdelikt in Bezug auf ein Niveau eines Risiko der objektiv vorhandenen tatbestandlichen Erfolgsm${\"{o}}$glichkeit und auf die n${\"{o}}$tige Sorgfaltspflicht, die die T${\"{a}}$ter nimmt, um das solches Risiko abzuhalten, berucksichtigt, ergibt sich der spezielle Fall selten bei der Person, mit dem hoch-gefahrlichen Berufszweig besch${\"{a}}$ftigt ist, auf den die bestehende Allgemeine-Theorie ${\"{u}}$ber das gafahrl${\"{a}}$ssige Begehungsdelikt gleichm${\"{a}}$ssig unanwendbar ist. Bez${\"{u}}$glich des Piloten des Milit${\"{a}}$rflugzeug ergibt sich oftmals ein bestmmter Fall, die die KontroIIe des Risiko gesch${\"{a}}$ftlich uber sein eigenes pers${\"{o}}$nliches Ermessen geht, und er nimmt die Pflicht, die notwendige milit${\"{a}}$rische Zielsetzung zuerst vor allem zu ber${\"{u}}$cksichtigen, wenn auch technisch, klimatisch und umstandehalber ein normales Niveau von Risiko ${\"{u}}$bersteigt wird und zugleich ein bedenkliches hoches Risiko mit sich gebracht wird. Aus diesem Anla${\beta}$ kann man folgem, da${\beta}$ der Pilot des Milit${\"{a}}$rflugzeug ein besonderer Fall ist, auf den die Kriterien in Bezug auf das Gebiet der Regel ${\"{u}}$ber das fahrl${\"{a}}$ssige Begehungsdelikt gleichm${\"{a}}$ssig unanwendbar sind. Und weil die Vermehrung der Gefahr des Flugzeug sofort an die Vermehrung der Gefahr seines eigenen Leben angeschlossen wird und daher es eine M${\"{o}}$glichkeit gibt, da${\beta}$ der Pilot dem Resultat eines Gefahr zum ersten Opfer f${\"{a}}$llt, ist die Regelung in der Punkt der Generalpr${\"{a}}$vention gegen das fahrl${\"{a}}$ssige Begehungsdelikt sinnlos. Und auch muB die militarpolitische Punkt, die Piloten des Milit${\"{a}}$rflugzeug gem${\"{a}}$${\beta}$ dem notwendigen Ausma${\beta}$ auszubilden und das Ausma${\beta}$ zu behalten, aktuell berucksichtigt werden.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.3-27
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• 2012

Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.419-442
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• 2018

Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.327-353
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• 2017

The issue submitted to the Court of Justice on the merits of case C---573/13 originated from a claim brought in the context of a dispute between Air Berlin and the German Federal Union of Consumer Organisations and Associations. The challenge concerned the way in which air fares were displayed in Air Berlin's computerised booking system. The system was organised in such a way that, after selecting a date and a departure airport, one would find all possible flight connections in a summary table. However, the final price of the ticket was displayed only for the clicked connection, and not for all connections, thus preventing customers from being able to compare such price with the prices of other connections. The German Federal Union took the view that this practice did not meet the requirements laid down by Article 23 of Regulation (EC) No. 1008/2008, which requires transparency in the prices set for air services. This led the German State to bring an injunctive action to cause Air Berlin to discontinue said practice. The claim was upheld at both the application and appeal stage of the relevant proceedings. Subsequently, Air Berlin submitted the matter to the German Federal High Court, which decided to stay the proceedings and ask for a preliminary ruling from the Court of Justice as to 1. whether Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, during the computerised booking process, the final price to be paid must be indicated at all times when prices of air services are shown, including when they are shown for the first time; and 2. whether, during the computerised booking process, the final price must be indicated only for the air service specifically selected by the customer or for each air service shown. In a nutshell, the Court, by the here---discussed judgment determined that Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, in the context of a computerised air ticket booking system, the final price to be paid must be indicated not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown. Clearly the above judgment will place air companies under an obligation to update and adjust (when needed) their computerised ticket booking and payment systems, in consideration of the primary need for consumers to be aware at all times of the actual price payable for a ticket and be able to compare the price of the service selected with the prices for other air services in respect of which the fare is shown.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.151-180
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• 2015

South Korea is advancing the unmanned aircraft private commercial business. Unmanned aerial vehciles industry has been developing for several years also abroad. However, unmanned aerial vehciles industry, can be an accident occurs. Accident of unmanned aerial vehciles to occur material damage and casualties. Particularly if an accident because of a defect in the unmanned aerial vehciles has occurred, it is necessary to analyze the liability for this. The defect accidents unmanned aerial vehciles has been the different manufacturing and design product is intended, whether it is important how to prove to this. This is because, unmanned aerial vehciles are designed in any intent of the original, it is impossible to victims know. So imposing a responsibility to prove the design by the manufacturer intended consumer is not fair. Moreover, the consumer, it is necessary to prove only that the product is one that normally dangerous lacked safety can be expected. This is a detailed issue of judgment of defects of unmanned aerial vehciles, the manufacturer to bear the accountability. In the case where the defect on the display of the unmanned aircraft is a problem, and if it reasonable indication, it is not appropriate to be required to prove that it was possible to prevent damage to the victim.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.103-122
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• 2012

Nowadays, advanced countries and international community in which provide many services and profits due to rapid progress space science and technology whereas there is rising possibility of damage by collision of space object and increase of space debris. I will propose the concept and range of damage in the basis of review of space treaty and space liability convention as form of international order to fair and complete compensate to victim of accident and hazardous space activity. And, I will try to discuss possibility of compensation on personal damage and mental damage, scope of material damage, possibility of compensation about environmental contamination, issue of satellite data sending, place of damage, and so on. Also, I would like to propose establishment of space tribunal and regional cooperative agency.

• Proceedings of the Korea Water Resources Association Conference
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• 2008.05a
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• pp.1354-1358
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• 2008

수질오염관리 정책이 배출원 관리에서 유역공동체를 중심으로 한 사전 예방적 유역관리정책으로 변화됨에 따라 단순문서에 의한 오염원 자료관리 등의 업무처리체계로는 수질오염총량관리제 실시에 따른 실무지원이 어렵다. 이를 위해서는 수질오염총량관리기술지침에 근거한 하천, 호소 및 오염배출실태자료의 체계적 관리가 필요하며, 유역환경(단위유역, 소유역 등)에 대한 기초정보와 국가수질측정망 자료 및 자치단체 소하천 등의 수질자료의 연계활용이 필요하다. 따라서 경기도에서는 수질오염총량제 시행에 따른 유역관리현황 정보를 구축하고, 국가하천을 중심으로 한 중앙정부의 유역환경정보와 지방하천 및 소하천을 중심으로 한 지방자치단체의 유역환경정보를 통합, 운영함으로써 통합적인 유역관리지원 체계를 구축하고자 한다. 이를 통해 수질측정망 및 수위-유량 등 수문자료와 배수구역도, 단위유역도, 항공사진 등 지리정보를 활용한 유역관리정책 기반을 구축하고, 경기도 및 31개 시 군의 유역관리정책수립 및 시행에 필요한 논리적, 기술적 정보제공 시스템을 구축하고자 한다. 따라서 본 연구는 오염총량관리제도의 의무제 전환이 예측되는 상황에서 향후 광역시도간 광역계획 혹은 경기도내 시군의 오염총량관리계획에 능동적으로 대응하기 위해 경기도 차원의 수질측정망 자료, 오염원 실태조사 자료 및 수위-유량 등 수문자료와 배수-구역도, 토지이용도, 단위 유역도, 항공사진 등 GIS 자료 등을 데이터베이스화하여 경기도내 시 군 환경담당부서의 업무분석을 통해 업무에 활용되는 주요 환경자료에 대한 업무지원체계를 확립하기 위한 수질오염정보화 시스템을 구축하고 그 활용방안을 제시하는데 그 목적이 있다.

• Journal of Navigation and Port Research
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• v.33 no.10
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• pp.685-690
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• 2009

International Maritime Organization (IMO) recommends the installation of an Automatic Identification System (AIS) according to requirements by SOLAS to avoid maritime collision. AIS provides traffic information of other ships that may be used for maritime traffic control, SAR (Search and Rescue) and collision avoidance to apply safety management. In this paper, preliminary results to implement an aeronautical surveillance transceiver using AIS transceiver based on ADS-B concepts are described. Although altitude information is not required for AIS since the AIS is operated at MSL (Mean Sea Level), altitude information can be extracted by a GPS (Global Positioning System) chip-set in the AIS transceiver. ADS-B transceiver is implemented by defining a surveillance message format including the altitude information and modifying SOTDMA (Self-Organizing Time Division Multiple Access) protocol. Ground tests and flight tests are performed to validate the implementation results.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2009.06a
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• pp.19-20
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• 2009

International Maritime Organization(IMO) recommends the installation of an Automatic Identification System(AIS) according to requirements by SOLAS Chapter 5 to avoid maritime collision. AIS provides traffic information of other ships that may be used for maritime traffic control, SAR(Search and Rescue) and collision avoidance to apply safety management. In this paper, preliminary results to implement an aeronautical surveillance transceiver using AIS transceiver based on ADS-B concepts are described. Although altitude information is not required for AIS since the AIS is operated at MSL(Mean Sea Level), altitude information can be extracted by a GPS chip-set in the ALS transceiver. ADS-B transceiver is implemented by defining a surveillance message format including the altitude information and modifying SOTDMA protocol. Ground tests and flight tests are performed to validate the implementation results.

• Journal of Advanced Navigation Technology
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• v.27 no.3
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• pp.293-299
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• 2023

UPRT(Upset Prevention And Recovery Training) is an accident prevention training program developed over a three-year period after the main cause of aircraft accidents in commercial aviation between 2001 and 2011 was analyzed as LOC-I(Loss Of Control Flight). In 2014, ICAO presented UPRT for fixed-wing aircraft through Doc.10011(Manual On Aeroplane Upset Prevention And Recovery Training) and recommended mandatory implementation to Contracting States from March 2019. Since naval P-3C is a major mission of maritime patrol and anti-submarine warfare, it takes a lot of time to fly at low altitude (70-600 m), and the majority of P-3C pilots have experienced spatial disorientation, so Upset prevention and recovery training is essential for naval P-3C pilots. To this end, this study intends to present measures for UPRT from limited conditions using the P-3C simulator owned by the Navy.