• Journal of the Korean Society for Aviation and Aeronautics
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• v.31 no.1
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• pp.1-10
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• 2023

This study investigated the accident cases of the U.S. Air Force and the R.O.K. Army. It analyzed the accident factors of the unmanned aircraft system using case analysis on unmanned aircraft system operators of the R.O.K. Air Force. Following the analysis this paper suggested safety operation plans for the R.O.K. Air Force. The risk factors of unmanned aircraft system were summarized by collecting and analyzing accident cases of unmanned aircraft system by the U.S. Air Force, collecting and analyzing accident risk factors of RQ-4 operators of the R.O.K. Air Force. Through the analyzed risk factors, a safety operation plan for the semi-automatic unmanned aircraft system and the fully automatic unmanned aircraft system was presented.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.315-343
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• 2018

In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.28 no.1
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• pp.106-114
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• 2020

The Lion Air JT610 accident in Indonesia in October 2018, along with the Ethiopian Airline ET302 accident in March 2019, is an significant aircraft accident that detects defects of the B737MAX aircraft. Shortly after the accident, the FAA prohibited operation of the aircraft. This action has affected the market environment of airlines and aircraft manufacturers around the world. In October 2019, Indonesian Traffic Safety Committee released an accident investigation report for Lion Air JT610, which concluded that the causes of the accident were MCAS design defects, lack of education and training, and errors in the repair process. This paper summarizes the flight control system of the B737MAX aircraft, the causes of the accident based on the final accident investigation report, and provides considerations for aircraft design and retrofit.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.325-362
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• 2003

In an effort to enhance the independence of and expertise in military aircraft accident investigation, a permanent accident investigation board should be established. Establishing permanent accident investigation board would render the military accident investigation more reliable and would increase its public esteem. Because there is no provision governing the responsibilities of the investigation and cooperation between civil and military authority in case that both civil and military aircraft are involved, it is necessary to fill this gap by enacting appropriate laws. In case of civil aircraft accident investigation involving a military issue, it would be better to allow military authority to be involved in the investigation. For the betterment of investigation, it is also necessary to provide a field investigator an authority to directly collect relevant information. Since the sole purpose of accident investigation is to prevent the recurrence of aircraft accidents, the scope of information disclosure should be limited and the investigation report shall be used for neither criminal procedure nor disciplinary procedure so that the objectivity of the investigation should be ensured.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.26 no.2
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• pp.132-138
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• 2018

Aviation safety requires systematic national attention and management because aircraft accident produce greater undesired social impact, economical damage, and declining national credibility compare to other transportation accident. Specially, Republic of Korea has highly increased risk of air accident as a major air transportation point having small aerospace, connecting pacific ocean and Asia, and explosively increased air traffic produced by economical growth, operating numerous military aircraft for the South and North Koreas' confrontational situation. Also, greatly increased domestic and oversea air travels by Koreans and foreigners as well as air freight based on heightened Korea's national power, launching new low cost carriers, and popularized leasure aviation have produced large amount of aviation needs in various fields. However, national aviation safety management system gratifying increased aviation needs and aircraft operations is seem to be slow in progress. This paper will show optimized measures utilizing private, governmental, and military resources to prevent aircraft accident under circumstances of limited budget and an favorable conditions, then will propose several action items.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.1
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• pp.45-85
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• 2005

The purpose of this paper is to examine the concept of "accident" under the Warsaw system including the Warsaw Convention for the Unification of certain Rules for International Carriage by Air of 1929 and the Montreal Convention of 1999. Most leading case on this subject is Air France v. Saks(470 U.S. 392 (1985)). In the Saks case, it was held that the definition of an accident must be applied flexibly, and most courts have adhered to the definition of accident in Saks case, the application of accident has been less than consistent. However, most cases have held that if the event is usual and expected operation of the aircraft, then no accident has occurred. Courts have also held that where the injury results from passenger's own internal reaction to the usual, normal, and expected operations of the aircraft, it is not caused by an accident. As the Warsaw drafters intended to create a system of liability rules that would cover all hazards of air travel, the carrier should liable for the inherent risks of air travel. It is right in that the carrier is in a better position than the passenger to control the risks during air travel. Most US courts have held that carriers are not liable for one passenger's assault on the other passenger. The interactions between passengers are not part of the normal operations of the aircraft and are therefore not covered by the word "accident" under Art 17 of the Warsaw Convention. It is regretful that the Montreal Convention did not attempt to clarify the concepts of accident in itself. In the light of an emerging tendency to hold the air carrier liable for occurrences that do not exactly go to the operation of the aircraft, it is desirable to regulate that the carrier is liable for an "event" instead of an "accident" in accordance with the Guatemala City protocol.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.3-40
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• 2020

The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.53-83
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• 2007

The purpose of this paper is to study precedent cases of the Air carrier liability for passengers. The article 17 of Warsaw Convention (also in Montreal Convention article 17-1) provides the Air carrier liability for passengers which is the most essential part of the Air carrier liability. According to these Conventions, 1) the carrier is liable for damage sustained in case of death or bodily injury of a passenger. Precedents and theories have disagreements on whether the damage covers the mental injury as well. 2) The carrier is liable for damage sustained from aviation accident. The definition of 'aviation accident' is becoming problematic. 3) The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. The question at issue is the range of the operations of embarking or disembarking. This paper introduces the precedents (also, the model precedents) about the carriers liability for passengers and related cases, so as to help understand the trend of judicial decisions. Furthermore, the cases, once took all of the attention of the international air carriers, concerned with the 'Economy class syndrome' (DVT : Deep Vein Thrombosis) are also presented. Under the new Montreal Convention, the carriers liability for passengers will continue to be the main issue. Thus it is required that academics as well as practical businesses may keep up their studies about this issue.

• The Korean Journal of Air & Space Law and Policy
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• v.16
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• pp.65-74
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• 2002

The Japanese Aviation Accident Investigation Board has two faces. While the surface of the Board is a one of the very accident investigation organ, its shadow face is a one of the very expert witness drawing up a requested written opinion for the sake of the criminal investigation of the Police under the two secret inter-ministerial accords. This Paper proposes that some evidence obtained by investigation ought to be protected for disclosure and use by privilege derived from on of our most basic legal principles: "Nemo debet se-ipsem accusare-no one is required to incriminate oneself-".

• Journal of Radiation Protection and Research
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• v.46 no.4
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• pp.184-193
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• 2021

Background: The radionuclides released by the Fukushima Daiichi Nuclear Power Plant (FDNPP) accident 9 years ago are still being monitored by various research teams and the Japanese government. Comparison of different surveys' results could help evaluate the exposure doses and the mechanism of radiocesium behavior in the urban environment in the area. In this study, we clarified the relationship between land use and temporal changes in the ambient dose rates (air dose rates) using big data. Materials and Methods: We set a series of 1 × 1 km² meshes within the 80 km zone of the FDNPP to compare the different survey results. We then prepared an analysis dataset from all survey meshes to analyze the temporal change in the air dose rate. The selected meshes included data from all survey types (airborne, fixed point, backpack, and carborne) obtained through the all-time survey campaigns. Results and Discussion: The characteristics of each survey's results were then evaluated using this dataset, as they depended on the measurement object. The dataset analysis revealed that, for example, the results of the carborne survey were smaller than those of the other surveys because the field of view of the carborne survey was limited to paved roads. The location factor of different land uses was also evaluated considering the characteristics of the four survey methods. Nine years after the FDNPP accident, the location factor ranged from 0.26 to 0.49, while the half-life of the air dose rate ranged from 1.2 to 1.6. Conclusion: We found that the decreasing trend in the air dose rate of the FDNPP accident was similar to the results obtained after the Chernobyl accident. These parameters will be useful for the prediction of the future exposure dose at the post-accident.