• Journal of the Korean Society for Aviation and Aeronautics
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• v.25 no.4
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• pp.154-160
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• 2017

In the former aviation law, only the Ministry of Land, Infrastructure and Transport has to provide air traffic services, In the case of providing aviation transportation service from civilian, such as aviation special education institution, private airfield installer, it was possible to carry out only by receiving a private contract from the government. But at the time of private consignment, the fact that the government has to bear the cost through the contract act. It is pointed out that it is a factor that hinders efficiency in the operation sector. Accordingly, in Article 85 of the Aviation Safety Act, which was enforced in March 2017, legal grounds were established to provide air traffic services excluding the Ministry of Land, Infrastructure and Transport. At the same time, we have introduced the air traffic services operating certification system, which enables the air traffic services to meet the requirements set by the Ministry of Land, Infrastructure and Transport in order to secure the safety of air traffic. In this study, we examine the major issues and problems of the small private control tower operated by the private institute in Korea. The effect of introduction of the air traffic services operating certification system which can introduce all the institutions which do not belong to the control agency in the former aviation law into the institutional system and the operation plan were examined.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.105-137
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• 2009

International Civil Aviation Convention contracted in 1944 adopted International Standards and Recommended Practices(SARPs) as Annexes to Convention for safety and order of International Air Transport and each contracting State shall establish and amend the law on the basis of the SAPRs. However, Any State which find it impracticable to comply in all respects with any such SARPs, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by SARPs shall give immediate notification to the ICAO of the differences between its own practice and that established by the SARPs and ICAO publish these difference notices as a supplement to annexes. Korea and neighboring countries contracting States with International Civil Aviation Convention are accomplishing standardization of regulation on the basis of SARPs in each State. Air Law of each State need to study on the trait and differences for safety of frequent air transport services around the Korean Peninsula, However, because Korea and Neighboring countries have differences of Air Law by reason of cultural differences and circumstance of each State. Korea and Neighboring countries mean Republic of Korea, The People's Republic of China, Japan and The Domestic People's Republic of Korea and study on Air Law of each state in this study. One of purposes of this study is to analyze the history and organization of each state and then to review how establishing own air law affect air law of each state. Another purpose is to make comparative study on differences between own regulation in Korea and neighboring countries and SARPs and then to review how the differences notice of each state affect air law of each state.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.3-36
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• 2016

Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.321-384
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• 1993

The paper is to study and analyze the civil aviation industry of China and to present some cooperative and developing models between Korea and China in the fields of civil aviation on the basis of mutul benefit. In this study, civil aviation includes both the air transport industry and aircraft manufacturing industry. As it is not easy and realistic for us to conduct field survey on the civil aviation of China so far, this study has havily depended upon the literature data gathered from the ICAO and other published materials. This study includes the following major contents. 1. The historical development of China civil aviation 2. The present status and future prospect of Civil Aviation Adminstration of China(CAAC) 3. The present status of Chinese aircraft industry 4. Administration of airport and airspace of China 5. Air transport industry of China 6. The design of Korea-China civil aviation cooperation

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.97-114
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• 2013

The 6th Worldwide Air Transport Conference was held in Montreal in March 2013 under the auspices of ICAO. This conference, which has been held every ten years, is dealing with virtually every issue of international air transport, and aiming at updating ICAO policy in order to ensure long-term growth of international civil aviation. Last conference which took place in 2003 focused on the liberalization of air transport, and the 6th conference shifted its focus from whether to push for liberalization, to how to implement it. The main agenda items for the 6th conference was liberalization, safeguards, ownership, fair competition, airports and air navigation facilities, charges, and ICAO policy. The liberalization, and in particular progressive liberalization has been a main theme over the past decades. In the process leading to liberalization, there needs to be the expansion of market access, easing regulation on ownership and control of airlines. Furthermore, the provision of enough infrastructure such as airport and air navigation facilities may be contributing factor to remove impediments to liberalization. However, out of concern as for undermining interests of consumer and the weak, when liberalization is proceeding in a sudden and radical manner, there should be safeguards so as to ensure market participation by developing countries, consumer protection, and economical and transparent decision on taxes and charges. Fair competition which differs from promoting competition in the market, is a policy in order to protect the weak players and consumers from monopoly and oligopoly. The Korean delegation submitted 3 WPs (WP/85, 86 and 87) and 1 IP, and presented WPs, at the conference, which were a lot compared with previous occasions. A paradigm shift was emphasized to expedite the process of liberalization at the 6th conference. The reality is that with many previous recommendations to stress the importance of liberalization, and to urge States to change their attitudes, the pace of the liberalization has been very slow and staggering. The liberalization of air transport will contribute to the growth of air transport and related industry, to create new employment, promoting tourism and regional development, and further to facilitating mutual understanding and exchange, which will also lead to making a barrier-free world. In this context, it is expected that the next conference will also evaluate the on-going process of liberalization.

• Journal of the Korea Safety Management & Science
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• v.14 no.4
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• pp.39-49
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• 2012

The purpose of this study was to investigate the influence of air traffic controller's leadership characteristics and hazardous attitudes on the team effectiveness. The effectiveness make use of team efficacy and team commitment. Leadership characteristics and hazardous attitudes make use of the contents of a CRM manual. The study showed following results. 1) Leadership characteristics has a positive influence on the team effectiveness. 2) Hazardous attitudes has a partially bad influence on the team effectiveness. This study was conducted under the auspice of civil and military ATC facilies and by participation of devoting ATC controller's.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.1
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• pp.143-209
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• 2005

In 1994, the North Korea indicated their intention to open up airspace. The air route passing through from Daegue FIR to Pyungyang FIR has established in 1996. The air transport cooperation between South and North Korea seemed to be reinforced at the event of President Kim, Dae-Jung's visit to North Korea by passing through a temporarily established Yellow Sea Airway in the year of 2000. The nature characteristics of air transport burdening of many circumstantial situations, however, have kept cooperation between South and North Korea from being facilitated till now. Recently as the more exchange between North and South Korea, the more frequent opportunities to discuss economic cooperation, which in sequence increased political credibility has been increased. The rail, road, and port reconnecting has realized which have been regarded impossible. Furthermore, it is expected to transport personnel and goods through South-North direct connected routes in the near future This study shows several meanings of air transport cooperation between South and North Korea. It will be far beyond simply partial air route connecting in this region, it gives great significance to realize economic cooperation and Northeast hub through air transport industry sector. This will be an exit for air transport industry have suffered limits derived from North Korea troubles and difficulties in growing as Northeast air hub. Namely, South-North air connection denote its meaning in providing opportunities Korea to be Northeast Hub and advanced country having globally competitive air transport industry To develop strategy for air transport cooperation between South and North Korea. they were developed by SWOT analysis on the basis of circumstantial analysis. These strategy need to be commanded properly to the changes of surrounded circumstances. The study result show it is desirable to apply phasal strategies by using strengths, weaknesses, threats and opportunities factors underlying analysis of inner and outer circumstances to cooperate in air transport sector.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.111-132
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• 2003

The air transport industry is the most important as means of human exchange between the countries. Because the spread effect and the durability by aviation cooperation between the countries are much higher than any other industry, a research about air transport industry is very important to allied industry field as well as national policy about International cooperation and integration. Specially, according to the economic interchange with North Korea becomes active, the role of air transport as related traffic network with North Korea becomes more important. The number of flights is increasing sharply after South-North summit meeting, and two sides established and are using temporary direct route between South-North Korea. When we consider that the number of flights utilizing temporary direct route is increasing every year, It is not desirable to use temporary routes continuously because the current agreement between South and North cant be reliable far the case of unexpected circumstance. In addition, the current agreement is not based on the international standards. The paper is to study the condition to promote the coordination of civil aviation in the whole Korean peninsula. As known, the aviation system in North Korea is mainly operated by military unit. The study will review the current status of air transport system of South and North and the effective way of cooperation of civil aviation between both sides. The cooperation between governments as well as between airlines is studied. The establishment of Air Traffic Service Agreement is going to be handled heavily because the stable air traffic service is the most required base for the operation of air transport. The authors also try to find a way to support the development of infrastructure of aviation industry in North Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.55-81
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• 2008

Most compensation issues are regulated under domestic law where third parties are suffered damage from crushes of aircrafts or their falling objects. This issue was internationally recognized. A Convention to unify the rules of the law concerning damage caused by aircraft to the third parties on the surface was signed in May, 1933( the 1933 Rome Convention) and it became effective in 1942. Later, modernization was carried out through the 1952 Rome Convention and the 1978 Montreal Protocol amending the 1933 Rome Convention. Ratifying States either to the Convention or to the Protocol is not as many as those States to the Warsaw Convention concerning air-transport. In 1999, which was a turning point of changes of centuries from the twentieth century to the twenty first century, the Montreal Convention was passed to modernize the Warsaw Convention, and was quickly widespread. On September 11 2001, the coordinated simultaneous terror attacks occurred. In the circumstances, the issue modernizing the Rome Convention came up. Thus, workout under the initiatives of the Legal Committee of the ICAO is under operation to adopt new Rome Convention. In Japan, a study on the ICAO Draft Convention was operated by which a working study group composed of experts from academy, industry and government was set up. This article, being based on that study, clarifies issues and gives future perspectives. This article presents author's individual views.

• 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.