• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.215-236
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• 2016

This paper is related to a study on safety management of cosmic radiation in the aviation area, and as a comprehensive study encompassing not only aviation crew but also aviation traffic users, presents issues on an exposure to the cosmic radiation which authors predict may be intensified in a time to come. Although the government of the Republic of Korea has recently activated regulations related to the cosmic radiation, the following improvement measures are further urged to be carried out not only as a regulatory improvement for pushing ahead with effectiveness but also as a supplementary tool. Firstly, a dose limit corresponding to the international standard needs to be applied. Since the dose limit imposed by the Korean government is improperly higher than the international dose limit of the cosmic radiation, the present dose limit needs to be re-established in a range of "not exceeding the international recommendation". Secondly, a new methodology is needed such that aviation companies observe a yearly effective dose limit of passengers. A fact that only aviation crew is specified but passengers are excluded in the related regulation is based on a recommendation presented by the International Commission on Radiological Protection (ICRP). According to the recommendation, Korean government excluded passengers in the "Cosmic Radiation Safety Requirements for Crew". Among the present aviation regulations, there exists a protection standard for protecting aviation traffic users. However, it presents a damage protection only for ticket-related issues. Since this regulatory weakness provides a cause of endangering national health, the authors believe that an improvement in the regulation is needed without sticking to the recommendation from the ICRP. To this end, new regulations are strongly demanded from aspects of not only legal but also regulatory areas. The dose limit in accordance with the international standard is established. However, at least a minute amount of cosmic radiation is continuously acting on all people of Korea. Since more and higher level of cosmic ration may exist in the aviation space, an improved method of representing the minute amount of cosmic radiation in figures. As a result, a desirable regulation may be established for protecting not only crew but also aviation traffic users from being exposed to the cosmic radiation via a legislation of the desirable regulation.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.79-107
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• 2004

Shielding theory is to allow the construction of a structure that would be shielded by existing permanent structures even thought such structure extends above the height limits prescribed for such zones. This theory is mentioned as recommended practices in ICAO Annex, and is adopted, with modification, in the current Military Airbase Law, amended in August 26th 2002. However, the Military Airbase Law adopts shielding standard allowing 45 meters uniformly, which is a unique standard compared to other countries shielding guideline. The basic principle in applying the shielding theory is, after considering the circumstances of location of shielded structure, whether such structure has physical effect on aeronautical operations. Based upon the basic principle of shielding theory, the uniform application of shielding standard in the Military Airbase Law would undermine the safety of aeronautical operations. This article is to review subsection 2 of section 8 of the Military Airbase Law, which adopts modified shielding theory, and is to suggest better guideline. From a comparative analysis perspective, shielding guidelines of ICAO and other countries will be discussed. Based upon this discussion, the general problems of shielding theory and the specific problems in the Military Airbase Law will be examined. Finally, this article suggests the case-by-case application of shielding theory, considering circumstances of location, for the purpose of ensuring aviation safety.

• International Journal of Computer Science & Network Security
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• v.22 no.11
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• pp.199-203
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• 2022

The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

• 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.33 no.1
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• pp.175-204
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• 2018

Recently, the aviation leisure business has been legislated, and related industries have become active base with increasing the light sports aircraft within the legislation system. However, in the light sports aircraft safety problem, it is often mentioned that the flight is in violation of the regulations, the lack of safety consciousness of the operator and lack of ability, and the personal operators have a risk of accident of light aircraft such as insufficient safety management and poor maintenance. At present, the maintenance of light sports aircraft is carried out by the A & P mechanic in accordance with the relevant laws and regulations, but it is difficult to say that it is equipped with qualification and expertise. It is not a legal issue to undertake light sports aircraft maintenance work on the regulation system. However, the problem of reliability and appropriateness is constantly being raised because airplanes, light sports aircraft, and ultra-light vehicle are classified and serviced in a legal method. Although legal and institutional frameworks for light sports aircraft are separated, much of it is stipulated in the aviation law provisions. Light sports aircraft maintenance work also follows the current aircraft maintenance system. In the United States, Europe, and Australia where General Aviation developed, legal and institutional devices related to maintenance of light aircraft were introduced, and specialized maintenance tasks are covered in the light aircraft mechanics system. As a result of analysis of domestic and foreign laws and regulations, it is necessary to introduce the qualification system for maintenance of light aircraft. In advanced aviation countries such as the United States, Europe, and Australia, a light sports aircraft repairman system is installed to perform safety management. This is to cope with changes in the operating environment of the new light sports aircraft. This study does not suggest the need for a light aircraft repairman system. From the viewpoint of the legal system, the examination of the relevant laws and regulations revealed that the supplementary part of the system is necessary. It is also require that the necessity of introduction is raised in comparison with overseas cases. Based on these results, it is necessary to introduce the system into the light aircraft repairman system, and suggestions for how to improve it are suggested.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.199-224
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• 2018

Aviation's safety record continues to improve yearly, especially with respect to passenger and crew injuries and deaths. However, although the number of accidents has decreased over the decades, there are still many events, such as landings short of the runway and runway excursions, both of which pose threats to passenger and crew safety. Surviving any kind of aviation accident depends on the physiological threat and stress of the impact(s), the extent to which the physical structure surrounding the passengers and crew remains intact, and the ability of the passengers and crew to be able to escape the wreckage. The one action that both passengers and crew can carry out to help decrease the likelihood of crash-related injury or death is to assume an emergency brace position. Doing so has been demonstrated over several decades to improve survivability. While cabin crew are taught (and then might have to teach passengers in an emergency about the emergency brace position), passengers in many parts of the world never learn about the brace position unless they are involved in an emergency in which there is time to prepare for the landing. This lack of provision of information is related to the fact that most airlines do not provide information in the preflight safety briefing and some do not even provide the information in the passenger safety cards. Many countries do not require their airlines to do so, a fact, which in turn, is related to the lack of mention of the brace position in ICAO's Annex 6. Until standards and recommended practices are changed at the highest world level, passengers will continue to be deprived of this vital, life-saving information that they can use, potentially to help save their own lives.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.147-176
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• 2011

China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.3-27
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• 2012

Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

• Journal of Satellite, Information and Communications
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• v.12 no.1
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• pp.58-63
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• 2017

In this paper, Easily the nation's rapidly expanding and the popularization of unmanned aerial vehicle drone can fly. But in Korea, divided country to cameras lately, and national characteristics and constraints in many relevant laws and in particular, address public concerns.Appears, along with many. Unmanned aircraft drone called industrial revolution in the sky and pitfalls to look at the domestic law in relation to the situation and to find a way to resolve them.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.97-133
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• 2006

항공기사고는 약 70%가 이 착륙단계에서 일어나는 CFIT사고이다. 그러므로 비행장주위의 장애물 관리는 사고방지에 매우 중요하다. 국내에서도 비행장주위의 장애물제한을 항공법에 규정하고 있고, 최근 개정안으로 제시된 동법 시행규칙에서 ICAO의 차폐기준의 적용을 포함하였으나 이 규정만으로는 비행장 주위의 장애물의 체계적인 관리가 어려우며, 특히 국내 비행장 주위의 차폐이론적용에 필요한 세부기준이 명확하지 않다. 본 연구는 항공장애물과 관련된 ICAO의 규정 및 항공선진국들의 관련 규정을 검토 분석하고 국내 현황과 비교분석한 후 국제기준에 비추어 국내 환경에서도 적용 가능한 비행장 공역에서의 항공장애물관리규정(안)의 방향을 제시하였고 특히 논란의 여지가 많은 차폐이론의 적용의 명확한 기준방안을 제시하였다.