• Title/Summary/Keyword: Aviation Law

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The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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A Study for the Perception of Job Identity, Public Service Motivation and Organizational Committment focusing on Airport Security Agents (고용형태에 따른 직무정체성, 공직봉사동기 및 조직충성도에 대한 연구 : 공항 특수경비원들의 인식을 중심으로)

  • Park, Sung-Sik;Cho, Sung-Hwan;Kim, Kwang-Ok;Jung, Ju-Yong
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.25 no.4
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    • pp.31-43
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    • 2017
  • Airport security staff are outsourced workers, whose status is a special security agent under the security service law in Republic of Korea, who are subject to persuing both profitability and public concern at the same time. This paper has chosen the sample of security staff working at Incheon airport. This is because airport security staff is being outsourced, this paper had made an empirical research such areas as the perception of job identity, public service motivation and organizational commitment through job satisfaction. According to statistical research, it was found the perception on job identity by airport security staff had a significant negative effect on both job satisfaction and organizational commitment. The more they have perceived their status as non-permanent status, the less they had job satisfaction and commitment at the same time as a special security agent at airport. Their perception of job identity had a significant effect on such public service motivation factors as 'absorbing public concern' and 'a solicitude'. Lastly, their motivation factors had also significant positive effect on job satisfaction and organizational commitment.

An Effect of Air Traffic Controllers' Emotional Regulation to Their Job Involvement and Organizational Loyalty (항공교통관제사의 감정통제가 직무몰입과 조직충성도에 미치는 영향)

  • Kim, Sang Soo;Kim, Kee Woong;Choi, Jin Young;Lee, Myung Woo;Choi, Youn Chul
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.24 no.4
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    • pp.53-61
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    • 2016
  • Air Traffic Controllers (ATC) are also essential to the efficiency of airports and the airline industry. With the increasing volume of traffic, managing flights is a complex and sometimes very stressful job. ATC is using radar and other technology to track planes 'en route' between airports and keep in touch with pilots. Alternatively, ATCs are liaising with the planes on approach. However, ATC's working condition is getting more stressful, as the volume of air traffic increases. Thus this paper tried to research cognitive emotional regulation, job satisfaction, and job involvement and organizational committment of ATCs under the stressful work condition, taking care of safety of a couple of hundreds passengers per plane. Using CERQ survey sheet (Cognitive Emotional Regulation Questionnaire), it was found out that positive thinking and acceptance of self-blame have a significant impact on job satisfaction, work absorption and organizational Loyalty.

An Improvement Study on Direct Purchasing System of Construction Materials - Focused on the Project Management of "I" Co. - (공사용자재 직접구매제도 개선방안에 관한 연구 - I사 사업관리 중심으로 -)

  • Park, Keum-Am;Kwon, Hyeok-Cheol;Jho, Yong-chul;Lee, Chang-Ho
    • Journal of the Korea Safety Management & Science
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    • v.17 no.1
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    • pp.257-264
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    • 2015
  • "Act on Facilitation of Purchase of Small and Medium Enterprise - Manufactured Products and Support for Development of Their Markets" was created and implemented. The act states that the materials designated by the Small and Medium Business Administration are directly purchased from the small and medium enterprises and provided to the construction companies so that the materials can be provided as GFGI (Government Furnished and Government Installed) in the case of a public construction project. This thesis is aimed to analyze the current status on the problems of each project party and understand their improvement requests so that mutually beneficial plans can be sought and improved process is presented for the continuous development of the direct construction material purchase system as well as successful construction projects. And This thesis summarized the purpose of the institutions and their change histories, and related law as well as codes for the better understanding of administrative procedures for the purchase system and the analyses as well as the improved process on the difficulties in complying with the current institutions.

Measures to Use Logistics Policy to Activate the Known Shipper System in Korea (우리나라 상용화주제 활성화를 위한 물류정책 활용 방안)

  • Kwak, Bong-Hwan;Kang, Dong-Yoon
    • Journal of Digital Convergence
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    • v.11 no.4
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    • pp.139-145
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    • 2013
  • This study examines the logistics policy and system to activate the air freight known shipper system in Korea in order to suggest how to use the system necessary to convert and expand common shippers into known shippers. Even though "The Act on Aviation Safety and Security" and "Air Freight Security Criteria for Known Shippers" were revised in 2012 and 2011 each, the purpose was to regulate procedures to control aviation safety and security and air also freight security, so it does not include any measures to activate the known shipper system. Therefore, to activate the known shipper system, this study suggests measures to use the logistics security support system of "The Fundamental Law on Logistics Policy" revised in 2012, the logistics cooperation system, and consulting support as well.

Autopilot Design and Flight Test of an Unmanned Airship for Aviation Photograph (항공촬영용 비행선의 자동비행장치 개발 및 비행시험)

  • 홍천한;김병수;박주원;제정형;이성근
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.34 no.7
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    • pp.45-54
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    • 2006
  • General unmaned airship, in use of aviation photography, needs both airship -controller and camera-controller who work together in harmony. In oder to reduce this manpower and get the good Geographical Information Systems(GIS) data, it is necessary to use a autopilot controller which guides a exact path lines. This paper presents the autopilot control law base on classical PID control. Moreover, this paper shows the result of flight test, the procedure of gain tuning and LOS guidance algorism that is reduce a tracking error.

A Study on the Introduction of Pilot Aptitude Test for WIG Ships(Surface-Flying Ships) (수면비행선박 조종사 적성검사 도입에 대한 연구)

  • Park, Sangyong
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.29 no.3
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    • pp.24-33
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    • 2021
  • Although it is the first transportation method to apply the 'Ground Effect' applied to aircraft to ships, WIG ships, which are classified as 'Ships' operating on the water under international law. The pilot aptitude test, which has the effect of preventing safety accidents in advance, has not yet been established as a legal system in S. Korea, after being certified by the Korean Register of Shipping (KR) for the first time in the world in March 2020. Therefore, the purpose of this study is to ensure that identifying the importance, recognition, correlation, etc. of the tools and items of aptitude testing, from a group of experts, can be used appropriately for future development of legal aptitude testing tools. As a method of study, the questionnaire method was used, and the analysis confirmed that the tools used on aircraft and ships could be used appropriately. In particular, Due to the characteristics of the WIG ships, it was confirmed that it is necessary to develop more specifically in the future, the operational qualifications and physical fitness items, which are the aptitude evaluation items.

A Study on Air Traffic Controllers' Cultural bias and Their Response on Abnormal Situations (항공교통관제사의 문화적 편향(Cultural Bias)에 따른 위기 대응 연구)

  • Kim, Geun-Su;Cho, Sung-Hwan
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.26 no.4
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    • pp.64-75
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    • 2018
  • A status of air traffic controller is a government officer and air traffic controllers who work at airport are divided by duty rating and work experience. Abiding by law, rules and regulation, air traffic controllers are working together based on mutual trust. This paper's theoretical background is based on cultural bias theory. The theory divide people group into four groups according to cultural bias such as fatalism, hierarchy, individualism and egalitarianism. A research model was designed how such four cultural bias could affect air traffic controller's risk response in case of emergency or abnormal situation during their work. Depend on empirical research, it was found that air traffic controllers perceived they had been more biased to fatalism than hierarchy. The characteristics of fatalism group are as follows: first of all, they follow rigid rules and regulation. However, they have less self-efficacy compared to other government officers. According to structural equation model, air traffic controller's fatalism had a significant negative effect on organizational royalty. Their royalty, however, had a very significant positive effect on planning response and immediate response.

A Study on Improvement of Aeronautical Study System for Potential Obstacles in the Vicinity of Aerodromes (공항 주변 잠재적 장애물에 대한 항공학적 검토 제도 개선 연구)

  • Lee, Daekyum;Yun, Seokjae;Park, Bomi;Kim, Jechul;Kim, Jun-Hyuk
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.29 no.4
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    • pp.166-172
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    • 2021
  • Obstacle Limitation Surfaces (OLS) are set to protect a certain amount of airspace to limit objects, such as building, other structures, penetrating OLS for safety and regularity of aircraft operations in the vicinity of aerodromes. However, many civil petitions have been raising for effective utilization of lands and permission of building construction which penetrating OLS. While Republic of Korea are limiting installation of penetrating objects based on the National law of airport facilities, such objects are possibly permitted, only if, the possible risks coming from objects are acceptable or negligible in terms of safety and regularity in aircraft operations through the evaluation process, called as an aeronautical study. However, many countries are currently applying their own criteria, processes resulting in failing secure reliable results in aeronautical study. This research aims to establish the framework on criteria, process, and methodologies how the aeronautical study works including work flows between many stakeholder and responsibilities to be specified in national regulation system.

Flight Scenario Trajectory Design of Fixed Wing and Rotary Wing UAV for Integrated Navigation Performance Analysis (통합항법 성능 분석을 위한 고정익, 회전익 무인항공기의 비행 시나리오 궤적 설계)

  • Won, Daehan;Oh, Jeonghwan;Kang, Woosung;Eom, Songgeun;Lee, Dongjin;Kim, Doyoon;Han, Sanghyuck
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.30 no.1
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    • pp.38-43
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    • 2022
  • As the use of unmanned aerial vehicles increases, in order to expand the operability of the unmanned aerial vehicle, it is essential to develop an unmanned aerial vehicle traffic management system, and to establish the system, it is necessary to analyze the integrated navigation performance of the unmanned aerial vehicle to be operated. Integrated navigation performance is affected by various factors such as the type of unmanned aerial vehicle, flight environment, and guidance law algorithm. In addition, since a large amount of flight data is required to obtain high-reliability analysis results, efficient and consistent flight scenarios are required. In this paper, a flight scenario that satisfies the requirements for integrated navigation performance analysis of rotary and fixed-wing unmanned aerial vehicles was designed and verified through flight experiments.