• The Korean Journal of Air & Space Law and Policy
• /
• v.19 no.2
• /
• pp.199-220
• /
• 2004

The Montreal Convention which came into force on November 4, 2003 over the world, has brought a fundamental change to the scope of carrier liability and expanded the sue scope of the carrier. Not only confirms the carrier liability, it also reflects the effects of code-share. In addition to integrate the existing principles that adopted by many conventions, the Montreal Convention has systematized the unity of international air transport into a single convention. It even successfully increased the extremely low compensation amount which was pointed out as a problem in the Warsaw Convention before. The Warsaw Convention, originally stood for the carriers, began to reflect the standpoint of the passengers. The Chinese Civil Aviation Law came into force on March 1, 1996. One of the significant characteristics of the law is that, the regulation on public and private law is mixed combined. Therein, the content of carrier liability system is prescribed in Chapter 9, which is explained in detail in this study. Besides, the relationship between the Montreal Convention and China will be expounded too. So far, China ranks the 5th in RPK and the 6thin FrK. However, in spite of the high ranks, China has not yet joined this convention. This can be regarded as a serious problem. China should join it as soon as possible for a further development and deeper cooperation with the air-industry-developed countries. Once the government ratifies the Montreal Convention, it will benefit both the Chinese passengers and the airlines.

• The Korean Journal of Air & Space Law and Policy
• /
• v.27 no.2
• /
• pp.167-192
• /
• 2012

Aviation industry is known as the knowledge-based one and as an advanced nations' exclusive property having a large capacity for creating job and added value. Considering the current status of the aviation industry as aforesaid, it is natural for all countries to turn their attention to such promising aviation industry. At the time of rapid growth in aviation market, the importance of securing managerial experts and technicians is being under the spotlight as the aviation profession is increasingly in demand. To meet such dire needs that have already become an ever-greater part of the industry, collaboration among governmental, educational and industrial parties has formed in preparation for putting us into so-called an era of globalization. Having recognized the significance of the program, carried forward by The Ministry of Land, Transport and Maritime Affairs, fostering human resources in civil aviation, the objective of this study lies on deloping indicators for the programofficially designed to produce men of expertise in international air transport, the market of which forms nowadays a large part of national economy, and the technology of which develops so quickly. In this paper, an effort is made to develop the appraisal indicators and to set up standards thereof in order for the program to be systematically and expertly assessed on the basis of Quinn and Rohrbaugh's the competing values model. Firstly, this paper designs appraisal indicators, taking into account the peculiarity and environment of air transport industry, for developing human resources in civil aviation by utilizing advanced research on educational assessment in general due to the absence of applicable preceding studies regarding the development of human resources in civil aviation. Secondly, investigations into the necessity and validity of the appraisal are committed by analyzing answers from 100 respondents to questionaires and oral surveys in order to verify appraisal indicators designed in accordance with the competing values model. Lastly, the paper analyzes in a demographical way discrepancy in the recognitions among institutions for which the respondents work, on the basis of the outcome of the survey. As a result, the discrepancy is found not significant, which indicate that the aviation experts favour the indicators as appraisal standards. Prospective studies on the same issue may need an in-depth analysis, empowered by sufficient sampling in balance, of correlation between independent variables, then hopefully serve as a momentum for advancement of study in civil aviation.

• Journal of the Korean Society for Aeronautical & Space Sciences
• /
• v.49 no.5
• /
• pp.425-435
• /
• 2021

It is imperative to examine the regulatory trends of leading overseas aviation authorities to accelerate the effort to integrate emerging new air vehicle concepts such as UAS and eVTOL into the existing national airspace system. Whilst EASA seems to react swiftly in relation to regulatory framework by proposing new sets of customised special conditions to cope with a growing demand to introduce new aircraft concepts, understanding of such movement lags behind mainly due to the complexity of EASA's regulation structure, not to mention EU's legal system. Witnessing this situation, this paper reviewed the legal system of the EU which forms the basis of EASA's regulation system together with its own recently published UAS regulations so as to contribute towards the improvement of the aviation regulatory framework.

• The Korean Journal of Air & Space Law and Policy
• /
• v.22 no.2
• /
• pp.155-175
• /
• 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.

• Journal of Advanced Navigation Technology
• /
• v.27 no.3
• /
• pp.255-261
• /
• 2023

A main purpose of this research was to analyze environmental factors to influence helicopter accidents contrary to the fact that the almost 80% of helicopter accidents happened due to pilots' human errors. There have been about 14 helicopter accidents in civil aviation sector last decade. It is noteworthy that nine of 14 accidents happened during the external sling load operation. Moreover, there is no law or regulation which could cover the helicopter external sling load operation or human external cargo in Korea. In this paper, it was analyzed the training and education regulations regarding helicopter external sling load operation or human external cargo in regulations of FAA and EASA, Based on analyzing and comparing the FAR part 133 and domestic aviation law (aviation safety act and flight safety regulations), it was found out the implication how to apply helicopter type rating for external sling load operation and human external cargo operation. To sum up, this paper expect central government should cooperate and amend aviation law which apply external sling load operation and external cargo to establish sound safety culture in Korea.

• Proceedings of the KIEE Conference
• /
• 2003.07a
• /
• pp.442-444
• /
• 2003

For the safety of aircraft, aviation obstacle lights must be attached to the transmission towers in accordance with the governing law. Aviation obstacle lights which consist of solar cells, batteries. xenon lamps and a regulator substituted for aviation obstacle lights using AC power. A xenon lamp has advantage such as high brightness but also has disadvantage like large power consumption which cause lighting system to have many solar cells and batteries. This paper introduces an application of a aviation obstacle light using LED lamp through the economic analysis between LED lamp and xenon lamp.

• Journal of the Korean Society for Aviation and Aeronautics
• /
• v.15 no.1
• /
• pp.38-53
• /
• 2007

In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

• The Korean Journal of Air & Space Law and Policy
• /
• v.14
• /
• pp.9-85
• /
• 2001

• The Korean Journal of Air & Space Law and Policy
• /
• v.19 no.1
• /
• pp.165-182
• /
• 2004

According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. It is generally recognized that the three major parties responsible for the aviation security at an airport are appropriate government departments, airport operator and airlines. The airlines are the beneficiaries of security activities as well as the provider of security activities. So, their responsibilities have been critical in protecting civil aviation from unlawful interferences. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. The government has the responsibilities not only for establishing regulatory system but also for oversighting the implementation of aviation security activities. The paper is to review the revision of aviation security regulation and the changes of aviation security responsibilities, and costs and task assignment in Republic of Korea after September 11 event. The responsibilities, tasks and costs assigned to airlines, airport operators and government are introduced and evaluated in terms of economic fairness, effectiveness and efficiency of aviation security activities. The drawbacks of new legal system are pointed out and the suggestions to remedy them are proposed as conclusions.

• The Korean Journal of Air & Space Law and Policy
• /
• v.35 no.2
• /
• pp.41-74
• /
• 2020

The monetary penalties system inherently has efficiency as DNA. In the event that administrative measures to recover unfair profits from businesses that violate the law, deprive business licenses, or order to suspend business, infringe the interests of ordinary consumers, a system that can achieve the same effect through financial sanctions. It is a monetary penalties. In addition, it is convenient for the government because it takes effect only by the administrative agency's unilateral imposition order compared to the trial process, which takes a long time and huge cost to prove the illegality. However, it is questionable whether procedural legitimacy is well established in Korea's aviation monetary penalties. Compared to foreign legislation, Korea's aviation monetary penalties system need to be improved. This paper was for the purpose of studying the improvement direction of the monetary penalties system disposed of in the Korean aviation field. This study suggests the direction by examining the US system, which is an aviation advanced country, in the aviation safety area. The research was conducted with the intention of exploring the direction as follows: First, the characteristics of the Federal Aviation Administration (FAA) aviation administrative sanctions and the US aviation penalty system will be outlined. Furthermore, with the recent paradigm shift in aviation safety management, this paper tried to look at new trends that focus on autonomous reporting of aviation safety as a proactive and preventive measure in conventional post-airline accident management administration, focusing on various systems including ASAP. This article also reviewed the formal process for imposing monetary penalties adopted by the FAA. Based on the above review, this paper also looked at ways to improve the reporting system for aviation safety in Korea.