• Title/Summary/Keyword: Aviation Accident

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A Study on the Guidelines for the Development of Domestic Flight Test Operation Manual (국내 비행시험 운영 매뉴얼 개발 기준 연구)

  • Kim, Mu-Geun;Baek, Seung-Don;Song, Chan-Yong;Ahn, Dae-Whee;Han, Jeongho;Yoo, Beong-Seon;Kang, Ja-Young
    • Journal of Advanced Navigation Technology
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    • v.23 no.4
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    • pp.281-288
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    • 2019
  • A Flight test is an important process that must be performed to maintain airworthiness in the aircraft lifecycle, including aircraft development and certification. Flight test can be conducted for the purpose of demonstrating or verifying compliance with the applicable standard. Results of the flight test air accident analysis confirm that it is caused by a combination of various factors as well as aircraft. The International Civil Aviation Organization recommends the establishment and implementation of a safety management system to prevent aircraft accidents, but it does not reflect the specificity of the flight test. As such, advanced countries are providing separate criteria to assist stakeholder in conducting flight test safety management. This study investigates and analyzes relevant regulations of advanced countries, in accordance with the construction of a national flight performance test site in Korea, and proposes government-level guidelines to help stakeholders develop their flight test operation manuals. The guidelines discuss topics such as organizational composition, safety and risk management, flight operation, personnel management, and administrative issues.

Human-based aviation accidents with air traffic controller torts (항공기 사고와 인적요인 -관제사의 불법행위를 중심으로-)

  • Kim, Sun-Ihee;Baek, Kyeong-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.67-100
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    • 2017
  • Throughout the history of the aviation industry, from its origins in the $20^{th}$century to the present, accidents have always occurred. This paper deals with the legal liability of air traffic controllers, who represent one of the human factors causing these accidents. Though controller negligence turns out to be a main cause of the accident, Korea does not have additional judical case, since it was firstly declared that controller negligence was accountable for the air traffic accident in 1971. As such, we examine the liability of air traffic controllers as public officers. This paper looks not only at the role of air traffic controllers and pilots in accidents, but also at the applicability of controller liability in the context of Korean law. We determine that despite the high-stress environment, air traffic controllers must share in the responsibility to provide safe air navigation. Therefore, they cannot avoid legal liability.

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A Study on the Profiling System in the Aviation Security (항공보안에서의 프로파일링 연구)

  • Hwang, Ho-Won;Lee, Kyu-Hang
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.155-175
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    • 2007
  • As intellectual terror threats increase, we feel the limit in coping with those threats and the things we do are placing traditional X-ray machines & ETD and increasing aviation security staffs. In fact, even if air transportation system is the fast and most efficient transportation methods, it is true that there are many inconveniences to endure due to terror threats. In the name of security, even if we make a lot of efforts and time to screen both good-natured passengers, baggage, cargo and suspicious passengers, it is impossible to screen perfectly and it is not an efficient methods. Therefore, we introduce profiling system that reduce the effort to screen good-natured passengers but focus on screening dangerous passengers and baggages. Profiling system strengthens aviation security, using the concept "Selection & Concentration". Israel started to introduce manual profiling system in aviation security, which is interviewing suspicious passengers and it has been used in crime investigation since 1960. And it has been upgraded and diversified to CAPPS(Computer Assisted Passenger Screening Program) and SPOT(Screening Passenger by Observation). So, this theses is to study on the concept & kind of profiling and profiling methods adopted in airlines. Also it presents the method of introduction of profiling system in Korea and the necessity of making law on it.

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LUAV Software Certification Method using Checklists based on DO-178C (DO-178C 기반 체크리스트를 활용한 무인동력비행장치 소프트웨어 인증 방안)

  • Ji-Hun Kwon;Dong-Min Lee;Kyung-Min Park;Eun-Hee Lee;Sauk-Hoon Im;Yong-Hun Choi;Jong-Whoa Na
    • Journal of Aerospace System Engineering
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    • v.17 no.1
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    • pp.33-41
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    • 2023
  • As seen in the case of the Boeing 737 Max accident, the proportion of aircraft software is rapidly increasing. However, it is vulnerable to safety issues. In case of domestic aircraft software, to operate a Light Unmanned Aerial Vehicle (LUAV) less than an empty weight of 150 kg, safety certification is required for an Ultra-Light Vehicle (ULV). However, software certification procedure is not included. Since the use of LUAVs has increased recently, software verification is required. This paper proposed a checklist of LUAV software that could be applied to LUAV referring DO-178C, an aviation software certification standard. A case study of applying the proposed checklist to the Model-based Development-based Helicopter Flight Control Computer (FCC) project currently used by domestic and foreign advanced companies and institutions was conducted.

A Study on Countermeasures to Prevent Unstable Approach to Improve Aviation Safety (항공안전도 향상을 위한 불안정 접근 방지대책)

  • Jeon, Je-hyung;Song, Jehwan;Jung, Chang-jae;Lim, se-hoon;Song, Byung-Heum
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.26 no.3
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    • pp.1-8
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    • 2018
  • Aviation industry is growing rapidly, and this growth is expected to continue. However, aircraft accident rate is still high, and 65 percent of accidents occur during landing phase due to unstable approach. Therefore, this research analyzed causes and countermeasures of unstable approach. In order to derive countermeasures, this study selected P International Airport as an example case. In addition, this research analyzed A airline's FOQA data, regional Standard Operating Procedures, and 5 years of environmental factors to identified correlation of those contributing factors. In conclusion, his research concluded following results. First of all, because of P International Airport's geological features, pilots are required to conduct Circling Approach, and this advanced maneuver increases workload at the final stage of flight. Secondarily, meteorological factors such as crosswind, seasonal rain front, local visibility contributes unstable approach. Lastly, these geological and meteorological factors are interrelated, and this uncommon environment can decrease circumstantial judgement ability of pilots and jeopardize aviation safety. As a consequence, it is recommended to reinforce the Crew Resource Management and Threat & Error Management systems so that pilots can perceive identical safety target.

A Study on the Safety Culture Index Measurement of Pilot Training School (조종사 양성교육기관의 안전문화지수 측정에 관한 연구)

  • Han, Kyoung-Keun;Kim, Young-Suk
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.23 no.4
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    • pp.49-56
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    • 2015
  • The importance of safety culture improvement and transformation has highlighted since an organization's safety culture can be the causal factor of the accident. Every designated aviation training school have to manage their own SMS and will comply with the regulations specified in article 49, Korean Aviation law. In related regulations, it is specified the safety culture status and problems of an organizations must be accessed and improved. On this study, safety culture index of designated aviation training school has measured using abbreviated CASS developed by KTSA. Results from the statistical analysis, the overall safety culture average found as 3.711. Among the subindex, mean of 'Employee Empowerment' appeared the most high(3.980) and 'Reward System' appeared the most low(3.309). Service providers are able to apply the intervention strategy on the basis of the results of these measurements. The weak part of Safety Culture might be improved and this will lead the better organizational culture.

Negligence theory of Aviation accident with reference to the japanese aviation accident precedent (항공 사고에서의 과실 이론 - 일본 항공 사고 판례를 중심으로 -)

  • Hwang, Ho-Won;Ham, Se-Hun
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.115-136
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    • 2008
  • The development of the aviation technology is beyond the people's imagination. For example, with some exaggeration, If the autopilot engage upon take off, You will realize that you are on the centerline of the foggy JFK runway 13R after 15 hours with only once or twice of intervention. But the more aviation technology develops, the more responsible the pilot will be who has the final authority of the aviation safety. In the JAL 706 accident caused by unidentified reason, the pilot increased pitch abruptly and overrode the control from the autopilot. The result of this process made the death of a flight attendant and some injuries of a few passengers. The district court found the pilot not guilty at the first trial on the ground that the control override was not connected to the possibility of foresight and avoidance of the human death. The pilot was proved to be innocent through the analysis of the DFDR and ADAS that the override did not precede the unidentified pitch up motion. The judicial precedent related to aviation accidents in Korea requires pilots' absolute and extended care compared to the ordinarily prudent or reasonably careful behaviors in the vehicle and medical accidents. Although there is some controversy about the standard care, the care required in the actual operation of high tech aircraft by a pilot should include objective and standard care and be judged by analysis of the scientific data. Although the pilot maintained the unusual hi speed that doesn't have safety margin and descended under turbulence in case of the JAL 706 accident, the court negatived its relation to the cause of pitch up. Also, the override of the control after initial pitch up might have caused the possibility of the death and injury, but the court denied it. Because of this complex cause of the aviation accidents, it is important for a court to figure out the core reason of the event and casual relationship with the pilot Now, It is required that the judgement of negligence in the aviation accidents should include an objective care with scientific data from simulated circumstances(or a simulator) as the Japanese court not from the theory of vehicle's negligence.

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A Study on the System of Aircraft Investigation (항공기(航空機) 사고조사제도(事故調査制度)에 관한 연구(硏究))

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.9
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    • pp.85-143
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    • 1997
  • The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

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A Study on the Aviation Case Law -Focusing on the Application of Treaties for the International Carriage by Air- (항공판례의 연구 -국제항공운송조약의 적용문제를 중심으로-)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.1
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    • pp.29-63
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    • 2006
  • This paper studied and introduced the aviation law cases in applying the treaties of the Warsaw System to the liability of the international air carrier by categorizing four main sections. Firstly, this paper handled the cases regarding the defining an international flight, exclusivity of the treaties as international air carrie's liability Convention, determining treaty relationship between the countries which one country has ratified only the Hague Protocol, an amended version of the Warsaw Convention, while the other has ratified only the original, unamended Warsaw Convention. Annotation assisted the case if it needed. Secondly, the cases relating to the issues of actual and contracting carrier, successive carrier, agents and servants of the carrier and others were studied. Thirdly, the issues relating to the accident in the course of any operations of embarking or disembarking of passengers, the occurrence during the transportation by air of baggage or goods and delay in the transportation by air of passengers, baggage or goods in addition to the cancellation of the flights were studied according to the applicable range. Fourthly, I studied the time issue with effective date of the treaties. Conclusively, it is not excessive to emphasize the importance of cases in Aviation Law like all other legal areas, therefore, a full-dress future reaserch of aviation cases is expected in here Korea with this paper as a foundation although it studied and introduced only a part of numerous aviation law cases.

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