• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.145-176
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• 2016

Aviation safety can be secured through regulations and policies of various areas and thorough execution of them on the field. Recently, for aviation safety management Korea is making efforts to prevent aviation accidents by taking various measures: such as selecting and promoting major strategic goals for each sector; establishing National Aviation Safety Program, including the Second Basic Plan for Aviation Policy; and improving aviation related legislations. Obstacle limitation surface is to be established and publicly notified to ensure safe take-off and landing as well as aviation safety during the circling of aircraft around airports. This study intends to review current aviation obstacle management system which was designed to make sure that buildings and structures do not exceed the height of obstacle limitation surface and identify its operating problems based on my field experience. Also, in this study, I would like to propose ways to improve the system in legal and regulatory aspects. Nowadays, due to the request of residents in the vicinity of airports, discussions and studies on aviational review are being actively carried out. Also, related ordinance and specific procedures will be established soon. However, in addition to this, I would like to propose the ways to improve shortcomings of current system caused by the lack of regulations and legislations for obstacle management. In order to execute obstacle limitation surface regulation, there has to be limits on constructing new buildings, causing real restriction for the residents living in the vicinity of airports on exercising their property rights. In this sense, it is regarded as a sensitive issue since a number of related civil complaints are filed and swift but accurate decision making is required. According to Aviation Act, currently airport operators are handling this task under the cooperation with local governments. Thus, administrative activities of local governments that have the authority to give permits for installation of buildings and structures are critically important. The law requires to carry out precise surveying of vast area and to report the outcome to the government every five years. However, there can be many problems, such as changes in the number of obstacles due to the error in the survey, or failure to apply for consultation with local governments on the exercise of construction permission. However, there is neither standards for allowable errors, preventive measures, nor penalty for the violation of appropriate procedures. As such, only follow-up measures can be taken. Nevertheless, once construction of a building is completed violating the obstacle limitation surface, practically it is difficult to take any measures, including the elimination of the building, because the owner of the building would have been following legal process for the construction by getting permit from the government. In order to address this problem, I believe penalty provision for the violation of Aviation Act needs to be added. Also, it is required to apply the same standards of allowable error stipulated in Building Act to precise surveying in the aviation field. Hence, I would like to propose the ways to improve current system in an effective manner.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.235-268
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• 2019

Under the Aviation Safety Act of Korea, any person who intends to operate a drone is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of drones in the daytime, (ii) Operation of drones within Visual Line of Sight, (iii) Maintenance of a certain operating distance between drones and persons or properties on the ground/ water surface, (iv) Do not operate drones over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by drone, (vi) Do not drop any objects from drones. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes legal issues as to definition and regulations of drones in Korean Aviation Safety Act. This paper, also, offers some implications and suggestions for regulations of drones under Korean Aviation Safety Act by comparing the regulations of drones in Japanese Civil Aeronautics Act.

• Journal of the Korea Society of Computer and Information
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• v.27 no.5
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• pp.199-204
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• 2022

The purpose of this study is to broaden the understanding of the Security Services Industry Act, and also to examine the meanings of various phenomena by analyzing the media report big data rather than the researchers' perspective on the Security Services Industry Act. In the research method, this study searched for a keyword 「Security Services Industry Act」 that prescribes the security work as an important subject of crime prevention and maintenance of public order in Korea. The data was searched from 1990 to 2021 the BIG KINDS could provide. Also, for the concrete analysis during the period of data search, it was divided into settlement period(1976~2001), growth period-quantitative(2002~2012), and growth period-qualitative(2013~2021). In the results of this study, the media report perception of the Security Services Industry Act is continuously emphasizing the social roles and importance of private security according to the flow of time. The consequent marketability of private security will play great roles in the protection of people's lives and properties in the combination with various other industries in the future. However, the private security industry that provides public peace service together with the police, could be rising as an element that hinders the development of private security industry because of various social issues caused by legal regulations and illegal problems, so it would be necessary to more strengthen its responsibility and roles accordingly.

• Journal of the Society of Disaster Information
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• v.9 no.4
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• pp.439-448
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• 2013

The Amendment of Misdemeanor Punishment Act which has been enforced since March 22, 2013 contains Section 3. 1. 41 (titled "Continuous Harassment") which provides that stalking is one's act of "attempt to continuously approach other person or persons against the latter's express intent and thereby demand interviews or associations to them, or commit behaviors such as monitoring, following (shadowing) and ambush over and over again." In South Korea, any wrongdoer who does such act of stalking shall be fined 80,000 Korean won under the Enforcement Decree of Misdemeanor Punishment Act. However, in view of the seriousness of ever-diversified and skillful stalking crimes, we have a question of whether the application of current Misdemeanor Punishment Act would be effective in reality.In order to get over current limitations of Misdemeanor Punishment Act as a part of direct regulatory control over stalking crimes and more properly cope with stalking crimes, this study give the following suggestions.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.207-230
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• 2006

It should be noted that current rules and provisions of the law, such as the act of military air base and the act of the construction, do not provide a fairly good solution regarding the conflict between the company and the air force. The act of military air base does not have the jurisdiction on the matters occurring outside the edge of the flight safety zone. Freezing measure about the construction permit is not suitable for this case. A sort of policy or revision of the law will be needed to foster the transaction between parties in question which may be useful for enhancing overall efficiency.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• Journal of Aerospace System Engineering
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• v.17 no.2
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• pp.16-25
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• 2023

There are various types of foreign object debris (FOD) in the aviation industry. Tools lost by workers can act as a risk factor throughout aircraft operation, manufacturing, and maintenance fields. Accidents caused by tools lost due to workers' carelessness continue to occur throughout the aviation industry. Aviation-related institutions such as FAA and EASA have established tool control regulations and systems to prevent FOD occurrence. However, in Korea, related regulations and procedures are insufficient. A systematic and effective tool control system is required for reliable manufacturing, airworthiness, operation, and maintenance of aircraft. In this paper, tool control regulations and procedures of domestic and foreign air traffic authorities and aviation industry-related organizations were studied. A wireless communication-based tool control system was proposed based on the NAS 412's tool control regulations certified by the National Standards Association.

• Proceedings of the KSR Conference
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• 2008.11b
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• pp.1907-1915
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• 2008

Recently the assurance of railroad safety is very important issue in KOREA because there are lots of changes in the railroad industries. The Railway Safety Act was established in order to cope with these changes effectively and prevent the railroad transportation accidents. According to this law, Korea Transportation Safety Authority (KOTSA) has been entrusted with 'Integrated Railroad Safety Audit (IRSA)'. Even though newly introduced IRSA is conducted smoothly, it is necessary to study the methodology and criteria of the state's safety audit system in other fields to improve the efficiency. In ICAO (International Civil Aviation Organization) Safety Management Manual, a state's safety programme embraces those regulations and directives for the conduct of safe operations from the perspective of aircraft operators and those providing air traffic services(ATS), aerodromes and aircraft maintenance. The safety programme may include provisions for such diverse activities as incident reporting, safety investigations, safety audits and safety promotion. To implement such safety activities in an integrated manner requires a coherent SMS(Safety Management System). In this paper, to improve the efficiency of IRSA, we investigated the ICAO's the State's Aviation Safety Audit Systems and ICAO Safety Management Manual. And through the result of investigation, we proposed the improvement concept of IRSA.

• Proceedings of the Korea Institutes of Information Security and Cryptology Conference
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• 2003.07a
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• pp.121-125
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• 2003

In this paper, we propose a framework of Transmission Control Protocol with Software Rejuvenation methodology, which is applicable for network system survivability. This method is utilized to improve the survivability because it can limit the damage caused by successful attacks. The main objectives are to detect intrusions in real time, to characterize attacks, and to survive in face of attacks. To counter act the attacks' attempts or intrusions, we perform the Software Rejuvenation methods such as killing the intruders' processes in their tracks, halting abuse before it happens, shutting down unauthorized connection, and responding and restarting in real time. These slogans will really frustrate and deter the attacks, as the attacker can't make their progress. This is the way of survivability to maximize the deterrence against an attack in the target environment. We address a framework to model and analyze the critical intrusion tolerance problems ahead of intrusion detection on Transmission Control Protocol (TCP).

• Journal of the Korean Society for Aviation and Aeronautics
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• v.21 no.2
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• pp.33-39
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• 2013

Multilateration(MLAT) may complement secondary surveillance radar and also act as a real-time backup for the ADS-B system. This System is using time difference of arrival (TDOA) and based on triangulation principle. Each TDOA measurement defines a hyperbola describing possible aircraft locations. The accuracy in MLAT system depends on the positional relationship of the receiver and aircraft. There are various algorithms to localize aircraft based on TOA estimation. In this paper, we use least square method and extended Kalman filter and compare their results. Study results show that the extend Kalman filter provides a better performance than the least square method.