• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.125-146
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• 1989

This paper is examine the problems of U.S.-Korea Air Service Agreement and recommend some directions for its improvement under the rapidly changing circumstance and growing importance of Korean penisula. Since the provisional agreement of 1949, U.S. -Korea Air Service Agreement has consistently been favorable to U.S. side. Fair and equal opportunity is the principle and basis of the bilateral air agreement. Notwithstanding such principle, it is only the U.S. carriers who can freely enter into any market, under the discretion of business strategy, while Korean carrier can serve only three points including Honolulu. In an effort to recitify such serious imbalance, Korea continuousely requested additional rights and has given utmost efforts to accommodate requests made by U.S. carries without much success. When we review aviation market between Korea and U.S. under the present agreement, Korea is fully open to U.S. carries as they can connect from any or all points in the U.S. via any or all points in Korea and all points beyond Korea. Increased number of U.S. carriers are enjoying greater utilization of the opportunity accorded them. Four(4) U.S. carries now operate to Korea using thirteen(13) gateway points and about one hundred fifty(150) on-line points in the U.S. such imbalance can be well understood when we review the exchange of traffic rights between the U.S. and the Pacific rim countries. During the yeras following the 1978 agreement with Korea, the U.S. proceeded to sign liberal agreements with Thailand, Taiwan, Singapore and the Phillipines. In exchange, the U.S. granted the four Pacific rim countries substantially greater rights than were granted to Korea, although Korea was the first Asian nation to sign a pro-competitive aviation agreement which granted U.S. carriers unrestricted market access and pricing flexibility. Moreover, Korea ranks the 2nd trading and tourist partner to the U.S. among the Pacific rim countries (Japan is the largest partner to the U.S. in terms of both trade and tourist market). In this paper such problems in the Korea-U.S. Air Services Agreement are analyzed in terms of historical perspective, U.S. Aviation policy, imbalance status in detail cases, discrimination to Korea comparing to other Asian countries, and theoretical application. And further it discusses current aviation issues between Korea and U.S. such as the ratification of 1980 MOU and various doing business issues of U.S. carriers in Korea. Finally, this paper concludes the analysis and suggests some directions to improve and rectify the problems and imbalance of U.S.-Korea Air Services Agreement in question.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.195-225
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• 2009

One of the most significant additions to the Warsaw Convention liability system, brought about by the coming into force of the Montreal Convention 1999(MC 99), was the creation of the new so-called fifth jurisdiction, whereby an Article 17 action for damages for passanger bodily injury or death only, may be brought at the option of the claimant/plaintiff. The fifth jurisdiction-the pernanent residence of the passenger at the time of the accident,provided that the carrier has a specified business presence in that jurisdiction-was one of the provisions of MC99 that provoked the most debate at the Montreal Conference leading to the adoption of MC99. Some scholars in China fear that the fifth jurisdiction will be abused after the MC99 came into force to China in 2005. The present article argues that the fifth jurisdiction would not be abused as long as such international private doctrines as forum non-conveniens are applied by the trial court appropriately. The article also points out that the challenge before the legislative body of China is to amend the civil aviation law and other related laws so that to solve the conflicts among the laws and meet the obligations provided by the MC99.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.55-71
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• 2013

By aircraft from Aviation regulations and institutional regulatory framework for ensuring the safety is secured. State-of-the-art aircraft, according to the type of development and diversification, modernization and new types of aircraft are operated. In particular, light aircraft and ultralight flying device such as the gyro-plane and unmanned flying devices is introduced a new device, and the device operates at these flight in accordance with the standards of the Aviation Act regulations may not occur often. Variety of light aircraft and ultra-light aircraft assembly, can be adapted for a person engaged in the business of aviation safety management and to perform the legal basis was established. Depending on the classification of newly introduced aircraft, the biggest change is the introduction of the concept of the LSA. In Korea, the various light aircraft are operating, but these aircraft range not clearly Aviation Regulations had difficulty in ensuring safety. This study examined the differences between international rules and regulations of Korea about the classification of aircraft. The LSA are included in aircraft categories internationally, but LSA will not be included in the aircraft categories, which is one of a range of powered flight device exists in Korea Aviation Act. Limit for maximum continuous power speed in a LSA, it is a limit on the right of the people who want using the high-performance plane. Also it is an international trend does not fit in, and is consistent with the intent of LSA manufacturer. Delete the content from a range of future aviation law revisions and light aircraft-related provisions to limit the maximum continuous power speed is considered to be suitable for the purpose of introducing the light aircraft industry. The laws and regulations set up in order to ensure the safety of ultralight aircraft categories existing in ultralight aircraft that exceeds the purpose of the introduction of LSA technology development at home and abroad, and is intended to reflect. These standards complement of aircraft operation is not appropriate for the situation unless the country is difficult to ensure the safety of operations. Also developed in other countries, the introduction of aircraft operating in the country, so many problems occur early revision is required.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.31-64
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• 2015

The Chicago Convention and Annexes have become the basis of aviation safety regulations for every contracting state. Generally, aviation safety regulations refer to the 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. Treaties duly concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea. Each contracting state to the Chicago Convention should meet ICAO SARPs about AOC and FAOC. According to ICAO SARPs, Civil Aviation Authorities shall issue AOC to air carriers of the state, but don't require to issue for foreign air carrier. However some contracting states of the Chicago Convention issue FAOC and/or Operations Specifications for the foreign operators. This FAOC is being expanded from USA to the other contracting states. Foreign operators have doubly burden to implement AOC of the ICAO SARPs because FAOC is an additional requirement other than that prescribed by the ICAO SARPs In Article 33, the Chicago Convention stipulates that each contracting state shall recognize the validity of the certificates of airworthiness and licenses issued by other contracting states as long as they are equal to or above the minimum standards of the ICAO. In ICAO Annex 6, each contracting state shall recognize as valid an air operator certificate issued by another contracting state, provided that the requirements under which the certificate was issued are at least equal to the applicable Standards specified in this Annex. States shall establish a programme with procedures for the surveillance of operations in their territory by a foreign operator and for taking appropriate action when necessary to preserve safety. Consequently, it is submitted that the unilateral action of the states issuing the FAOC to the foreign air carriers of other states is against the Convention. Hence, I make some proposals on the FAOC as an example of comprehensive problem solving after comparative study with ICAO SARPs and the contracting state's regulations. Some issues must be improved and I have made amendment proposals to meet ICAO SARPs and to strengthen aviation development. Operators should be approved by FAOC at most 190 if all states require FAOC. Hence, it is highly recommended to eliminate the FAOC or reduce the restrictions it imposes. In certain compliance-related issues, delayed process shall not be permitted to flight operations. In addition, it is necessary for the ICAO to provide more unified and standardized guidelines in order to avoid confusion or bias regarding the arbitrary expansion of the FAOC. For all the issue mentioned above, I have studied the ICAO SARPs and some state's regulation regarding FAOC, and suggested some proposals on the FAOC 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.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.67-95
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• 2014

Some Contracting States of the Chicago Convention issue FAOC(Foreign Air Operator Certificate) and conduct various safety assessments for the safety of the foreign operators which operate to their state. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident. FAOC also burdens the other contracting States to the Chicago Convention due to additional requirements and late permission. EASA(European Aviation Safety Agency) is a body governed by European Basic Regulation. EASA was set up in 2003 and conduct specific regulatory and executive tasks in the field of civil aviation safety and environmental protection. EASA's mission is to promote the highest common standards of safety and environmental protection in civil aviation. The task of the EASA has been expanded from airworthiness to air operations and currently includes the rulemaking and standardization of airworthiness, air crew, air operations, TCO, ATM/ANS safety oversight, aerodromes, etc. According to Implementing Rule, Commission Regulation(EU) No 452/2014, EASA has the mandate to issue safety authorizations to commercial air carriers from outside the EU as from 26 May 2014. Third country operators (TCO) flying to any of the 28 EU Member States and/or to 4 EFTA States (Iceland, Norway, Liechtenstein, Switzerland) must apply to EASA for a so called TCO authorization. EASA will only take over the safety-related part of foreign operator assessment. Operating permits will continue to be issued by the national authorities. A 30-month transition period ensures smooth implementation without interrupting international air operations of foreign air carriers to the EU/EASA. Operators who are currently flying to Europe can continue to do so, but must submit an application for a TCO authorization before 26 November 2014. After the transition period, which lasts until 26 November 2016, a valid TCO authorization will be a mandatory prerequisite, in the absence of which an operating permit cannot be issued by a Member State. The European TCO authorization regime does not differentiate between scheduled and non-scheduled commercial air transport operations in principle. All TCO with commercial air transport need to apply for a TCO authorization. Operators with a potential need of operating to the EU at some time in the near future are advised to apply for a TCO authorization in due course, even when the date of operations is unknown. For all the issue mentioned above, I have studied the function of EASA and EU Regulation including TCO Implementing Rule newly introduced, and suggested some proposals. I hope that this paper is 1) to help preparation of TCO authorization, 2) to help understanding about the international issue, 3) to help the improvement of korean aviation regulations and government organizations, 4) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.26 no.3
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• pp.93-104
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• 2018

It is mandatory to use car seats for infants and children in the private vehicles in accordance with the traffic law of Korea. Recently, legislation has also been proposed to expand the use car seats to express and intercity buses. This reflects a growing consensus that mandatory infant and child car seats, both for private and commercial vehicles, are essential. However, Korean laws concerning infants and children on board aircraft allow parents or guardians to hold children under two years of age on their laps without any restraint devices. It is not possible for a parent to physically restrain an infant or child, especially during a sudden acceleration or deceleration, unanticipated or severe turbulence, or impact. The use of CRS provides an equivalent level of safety to infants and children as that afforded to adult passengers wearing seat belts. But there is no regulation even about Child Restraint Systems on board aircraft in Korea. To enhance their safety, infants and children should be restrained in an approved child restraint system that is appropriate to their weight and height. It is necessary to examine whether infants and children in flight can achieve the same level of safety as an adult.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.12
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• pp.144-177
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• 2000

Our nation have several procedures and law for national airspace management, however those procedures and law not enough to manage airspace. Therefore, I have studied this paper for improving flight safety and for providing economics flight of civcil aircraft and military aircraft, also, for increasing efficiency of airspace through systematic airspace management, additionally, for improving nation defense ability and for preventation our nation damage when occuring airspace problem. Nowaday. in using airspace. two theory which freely use theory and use theory under jurisdiction is opposed by every nation in worldwide. Consequently. we can realize every nation endeavour to increase their jurisdiction airspace. However. our nation is not still prepared to cope with other nation when occuring airspace trouble. because airspace definition is not prescribed on our aviation law. Therefore. several problems which are improved in our airspace management are presented on this paper. The presented matters are as follows. First, The airspace definition is not prescribed on aviation law and responsibility limit of airspace management is ambugious. Second. problem on structure of approach control area and special airspace, Third. problem on airway system. Fourth. civil agency and military agency apply respectively different regulation in establishment of aircraft flight route, To grasp these problems, considered the airspace conception, airspace classfication. legal character of airspace. our nation airspace state and management together with other nation airspace state and management. also compared our nation airspace management with other nation airspace management. And. improvement methods to solve problems which was appeared by comparing and analysis are presented on this paper.

• International Journal of Computer Science & Network Security
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• v.22 no.10
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• pp.155-164
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• 2022

The review of known decisions showed that currently there are no systems and technologies for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services. The paper models the decision-making support process on the possibility of concluding the civil law agreements for medical, therapeutic and dental services, which is the theoretical basis for the development of rules, methods and system for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services. The paper also developed the system for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services, which automatically and free determines the possibility or impossibility of concluding the corresponding civil law agreement for the provision of a corresponding medical service. In the case of formation of a conclusion about the possibility of concluding the agreement, further conclusion and signing of the corresponding agreement takes place. In the case of forming a conclusion about the impossibility of concluding the agreement, a request is made for finalizing the relevant agreement for the provision of the relevant medical service, indicating the reasons for the impossibility of concluding the agreement - missing essential conditions in the agreement. After finalization, the agreement can be analyzed again by the developed system for supporting the decision.