• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.3-54
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• 2014

The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.367-418
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• 2018

Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

• Transactions on Control, Automation and Systems Engineering
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• v.3 no.4
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• pp.242-249
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• 2001

In this paper, the open-loop state response of the two-time-scale systems by unified approach using the $\delta$-operator is presented with an example of the aircraft longitudinal dynamics. First, the $\delta$-operator system unifies both the continuous system and the discrete system simultaneously, and the $\delta$-operator approach improves the finite word-length characteristics. This saves more computing time than that of the discrete system. Second, the singular perturbation method by block diagonalization reduces the sizes and orders of the systems. This also reduces the floating-point operations (flops). The advantage of those two approaches is shown by comparing our results with the earlier ones in the illustrative example of the longitudinal motion of F-8 aircraft.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.27-51
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• 2007

The cumulative result of the work by the ICAO Secretariat, the Secretariat Study Group and the Council Special Group on the Modernization of the Rome Convention of 1952 are two draft Conventions, namely: "Draft Convention on Compensation for Damage Caused by Aircraft to Third Parties, in case of Unlawful Interference", and "Draft Convention on Compensation for Damage Caused by Aircraft to Third Parties" The core provisions of the former draft Convention are as follows: The liability of the operator is strict, that is, without the necessity of proof of fault. It would be liable for damage sustained by third parties on condition only that the damage was caused by an aircraft in flight(Article 3). However, such liability is caped based on the weight of the aircraft(Article 4). It is envisaged to create an independent organization called the Supplementary Compensation Mechanism, with the principle purpose to pay compensation to persons suffering damage in the territory of a State Party, and to provide financial support(Article 8). Compensation shall be paid by the SCM to the extent that the total amount of damages exceeds the Article 4 limits(Article 19). The main issues on the farmer draft Convention are relating to breaking away from Montreal Convention 1999, no limits on individual claims but a global limitation on air carrier liability, insurance coverage, cap of operators' strict liability, and Supplementary Compensation Mechanism. The core provisions of the latter draft Convention are as follows: the liability of the operator is strict, up to a certain threshold tentatively set at 250,000 to 500,000 SDRs. Beyond that, the operator is liable for all damages unless it proves that such damage were not due to its negligence or that the damages were solely due to the negligence of another person(Article 3). The provisions relating to the SCM and compensation thereunder do not operate under this Convention, as the operator is potentially for the full amount of damages caused. The main issues on the latter draft Convention are relating to liability limit of operator, and definition of general risks. In conclusion, we urge ICAO to move forward expeditiously on the draft Convention to establish a third party liability and compensation system that can stand ready to protect both third party victims and the aviation industry before another 9/11-scale event occurs.

• Journal of the military operations research society of Korea
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• v.30 no.2
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• pp.108-121
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• 2004

This paper deals with a procedure of changing the current inspection & replacement periods for ROKAF aircraft parts. ROKAF is mostly operating aircraft of foreign makes, and takes maintenance actions according to Technical Orders(TO.) published by foreign aircraft manufacturers. Therefore ROKAF inspects and replaces specific parts at the time noticed from T.O.. These inspection and replacement periods are determined by manufacturers according to the standard operating environment and parts' durability. But the standard operating environment Is different from operator's environment. Because of this difference, the inspection and replacement periods have to be changed according to operators' operation environment. It is resonable that the manufacturer, having design materials and life test data of parts, changes those periods together with materials of operators' operation environment. But we have many difficulties in obtaining the design materials and life test data. Then this paper proposes a procedure of changing the periods of aircraft's parts with life data obtained during operating aircraft. For the reliability analysis, a software of RELEST (Reliability Estimation Version 1.0) is used.

• Atmosphere
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• v.28 no.2
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• pp.113-121
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• 2018

In order to monitor greenhouse gases including $CO_2$, various types of surface-, aircraft-, and satellite-based measurement projects have been conducted. These data help understand the variations of greenhouse gases and are used in atmospheric inverse modeling systems to simulate surface fluxes for greenhouse gases. CarbonTracker is a system for estimating surface $CO_2$ flux, using an atmospheric inverse modeling method, based on only surface observation data. Because of the insufficient surface observation data available for accurate estimation of the surface $CO_2$ flux, additional observations would be required. In this study, a system that assimilates aircraft $CO_2$ measurement data in CarbonTracker (CT2013B) is developed, and the estimated results from this data assimilation system are evaluated. The aircraft $CO_2$ measurement data used are obtained from the Comprehensive Observation Network for Trace gases by the Airliner (CONTRAIL) project. The developed system includes the preprocessor of the raw observation data, the observation operator, and the ensemble Kalman filter (EnKF) data assimilation process. After preprocessing the raw data, the modeled value corresponding spatially and temporally to each observation is calculated using the observation operator. These modeled values and observations are then averaged in space and time, and used in the EnKF data assimilation process. The modeled values are much closer to the observations and show smaller biases and root-mean-square errors, after the assimilation of the aircraft $CO_2$ measurement data. This system could also be used to assimilate other aircraft $CO_2$ measurement data in CarbonTracker.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.28 no.1
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• pp.45-58
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• 2020

According to the Ministry of Land, Infrastructure and Transport press release ('18.12.21.) The amendment of the Aviation Business Act will reduce the capital requirements for aviation leisure operators and make it easier to enter aviation leisure businesses by improving regulations on small air transportation business. In addition, as the scale of the UAV(Unmanned Aerial Vehicle) sector is expected to increase globally, the dramatic increase in low altitude operating aircraft, including this, must be taken into account. The low altitude aircraft category is divided into small airplanes, helicopters, light aircrafts and ultra-light aircrafts, and instructors include school instructor pilots and student pilots, military and national helicopter pilots, and aviation leisure operators. In case of low altitude aircraft, there are cases of canceling operations due to low visibility and low clouds, and aircraft accidents due to excessive operation and sudden weather phenomenon. Therefore, in order to prevent low-altitude aircraft accidents, a safe flight plan based on weather conditions and weather forecasts and more accurate and local weather forecasts and weather forecast data are needed to prepare for the rapidly changing weather conditions.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.65-95
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• 2006

It is essential that the liability for damage on the surface caused by aircraft be regulated at international level. However, the Rome Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface of 1952 and the Montreal Protocol of 1978 did not have significant worldwide repercussions since few countries have ratified them. So the Secretariat ofthe ICAO has produced the draft Convention for the modernization of the Rome Convention in 2002 and the Special group has considered the text of the draft Convention so far. The draft Convention contains main issues with regard to the liability system of the operator and the insurability of the risks for damage to third parties on the ground. In order to protect the air transport sector of a country as well as to facilitate speedy recoveries by victims, Work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.25 no.1
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• pp.108-114
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• 2021

AVTE(Air Vehicle Test Equipment) is a device to check status of on-board aircraft equipment before and after flight for performing successful UAV(Unmanned Aerial Vehicle) missions. This paper describes software design and test sequence of the AVTE for enabling easy-manual check by the operator and convenient automatic check of on-board electric equipment respectively. The proposed AVTE inspects BIT(Built-In Test) results of on-board LRUs(Line Replacement Units) including avionics and sensor sub-system devices. Also, it monitors all the LRU status and check the normality of aircraft equipment by means of setting specific values of the LRUs and confirming the expected test results. The AVTE prints the test results as a form of report to easily check the normal conditions of the aircraft equipment and operates automatically without operator interaction, thus being thought to effectively reduce workload of the operator.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.403-425
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• 2015

The Chicago Convention and Annexes have become the basis of aviation safety regulations for every contracting state. Generally, the State's aviation safety regulations refer to the Standards and Recommended Practices(SARPs) provided in the Annexes of the Chicago Convention. In order to properly reflect international aviation safety regulations, constant studies of the aviation fields are of paramount importance. This Paper is intended to identify the main differences between korean and foreign regulation and suggest a few amendment proposals on Mixed-fleet Flying(at or more two aircraft type operation) of flight crew. Comparing with these regulations, the korean regulations and implementations have some insufficiency points. I suggest some amendment proposals of korean regulations concerning Mixed-fleet Flying that flight crew operate aircraft of different types. Basically an operator shall not assign a pilot-in-command or a co-pilot to operate at the flight controls of a type of airplane during take-off and landing unless that pilot has operated the flight controls during at least three take-offs and landings within the preceding 90 days on the same type of airplane or in a flight simulator. Also, flight crew members are familiarized with the significant differences in equipment and/or procedures between concurrently operated types. An operator shall ensure that piloting technique and the ability to execute emergency procedures is checked in such a way as to demonstrate the pilot's competence on each type or variant of a type of airplane. Proficiency check shall be performed periodically. When an operator schedules flight crew on different types of airplanes with similar characteristics in terms of operating procedures, systems and handling, the State shall decide the requirements for each type of airplane can be combined. In conclusion, it is necessary for flight crew members to remain concurrently qualified to operate multiple types. The operator shall have a program to include, as a minimum, required differences training between types and qualification to maintain currency on each type. If the Operator utilizes flight crew members to concurrently operate aircraft of different types, the operator shall have qualification processes approved or accepted by the State. If applicable, the qualification curriculum as defined in the operator's Advanced Qualification Program could be applied. Flight crew members are familiarized with the significant differences in equipment and/or procedures between concurrently operated types. The difference among different types of airpcrafts decrease and standards for these airpcrafts can be applied increasingly because function and performance have been improved by aircraft manufacture company in accordance to basic aircraft system in terms of developing new aircrafts for flight standard procedure and safety of flight. Also, it becomes more necessary for flight crews to control multi aircraft types due to various aviation business and activation of leisure business. Nevertheless, in terms of flight crew training and qualification program, there are no regulations in Korea to be applied to new aircraft types differently in accordance with different levels. In addition, it has no choice different programs based on different levels because there are not provisions to restrict or limit and specific standards to operate at or more than two aircraft types for flight safety. Therefore the aviation authority introduce Flight Standardization and/or Operational Evaluation Board in order to analysis differences among aircraft types. In addition to that, the aviation authority should also improve standard flight evaluation and qualification system among different aircraft types for flight crews to apply reasonable training and qualification efficiently. For all the issue mentioned above, I have studied the ICAO SARPs and some state's regulation concerning operating aircraft of different types(Mixed-fleet flying), and suggested some proposals on the different aircraft type operation as an example of comprehensive problem solving. I hope that this paper is 1) to help understanding about the international issue, 2) to help the improvement of korean aviation regulations, 3) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.