• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.213-239
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• 2003

This paper intends to describe the liability regime of the air carrier under the Montreal Convention of 1999 for the international cargo, comparing to those of the existing Warsaw Convention system. Also this paper deals with main issues of the Montreal Convention which are relevant for the carrier's liability in the carriage by air of cargo. The Warsaw Convention was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975, and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. International air carrier is liable by application of principle of strict liability as stated in the Montreal Convention : The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air, and the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. However, the Montreal Convention has main outstanding issues with respect to the liability of the air carrier : potential conflicts between the Montreal Convention and the Warsaw Convention, the amounts of limits of the carrier's liability, the duration of the carrier's liability, the exessive litigation, and the aviation insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• Journal of Aerospace System Engineering
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• v.8 no.4
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• pp.44-51
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• 2014

This thesis analyzes the latest operating concept and status for Air Defense Identification Zone (ADIZ) researching overseas ADIZ CONOPS, international legal basis for ADIZ, the intention & background of proclamation for China Air Defense Identification Zone(CADIZ). Firstly, ADIZ is lawful concerning international connivance for ADIZ where around 20 countries have operated, Article 56 "Rights, jurisdiction & duties of the coastal State" and Article 301 "Peaceful uses of the seas" on the United Nations Convention on the Law of the Sea(UNCLS). Secondly, ADIZ has been regarded as a support means for national interest & policy as well as military air defense one. Thirdly, Based on legal re-interpretation for UNCLS relating to ADIZ, China proclaimed CADIZ where can ensure national maritime policy and strategy including A2/AD(Anti-Access & Area Defence), inroad into the ocean, claim for Senkaku Islands possession, etc..

• Electronics and Telecommunications Trends
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• v.36 no.6
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• pp.46-54
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• 2021

Drone remote identification (ID) capability is essential to ensure public safety, help law enforcement, and secure the safety and efficiency of the national airspace. Remote ID technology can be used to differentiate compliant drones from illegal drones that pose a potential security risk by providing airspace awareness to the civil aviation agency and law enforcement entities. In addition, the increased safety and efficiency obtained by mandating remote ID will make it possible to operate drones over populated areas and beyond visual lines of sight. In addition, remote ID will allow drones to be safely integrated into unmanned traffic management systems and the national airspace. Remote ID devices can be categorized by type, i.e., broadcast remote ID or network remote ID. The broadcast remote ID, which has high technical maturity and will be applied in the near future, is primarily considered to ensure the security of drones. The network remote ID, which is being developed and tested and will be applied in the distant future, can be used additionally to ensure the safety and the efficiency of the national airspace. In this paper, we analyze the trends on regulation and standardization activities for drone remote ID primarily in the United State and Europe.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.225-266
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• 2018

In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.83-109
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• 2008

According to 1944 Chicago Convention aircraft are classified into public aircraft(or state aircraft) and private aircraft(or civil aircraft). However even if public aircraft owned by government are used as commercial flights, those are classified into private aircraft. But as far as space activities are concerned in the 1967 Outer Space Treaty, those are related to all activities and all space objects, thus there being no differentiation between the public spacecraft and private spacecraft. As for the institutions of air law there are ICAO, IATA, ECAC, AFCAC, ACAC, LACAC in the world. However in the field of space law there is no International Civil Space Organization like ICAO. There is only COPUOS in the United Nations. The particular institutions such as INTELSAT, INMARSAT, ITU, WIPO, ESA, ARABSAT would be helpful to space law field. In the near future there is a need to establish International Civil Space Organization to cover problems rising from all space activities. According to article 1 of the 1944 Chicago Convention the contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. It means that absolute airspace sovereignty is recognized by not only the treaty law and but also customary law which regulates non-contracting States to the treaty. However as for the space law in the article n of the 1967 Space Treaty outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. It creates res extra commercium like the legal status of high seas in the law of the sea. However the 1979 Moon Agreement proclaimed Common Heritage of Mankind as far as the legal status of the outer space is concerned which is like the legal status of deep sea-bed in the 1982 United Nations Law of the Sea. As far as the liabilities of air transport system are concerned there are two kinds. One is the liabilities to passenger on board aircraft and the other is the liabilities to the third person or thing on the ground by the aircraft. The former is regulated by the Warsaw System, the latter by the Rome Convention. As for the liabilities of space law the 1972 Liability Convention applies. The Rome Convention and 1972 Liability Convention stipulate absolute liability. In the field of space transportation there would be new liability system to regulate the space passengers on board spacecraft like Warsaw System in the air transportation.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.149-179
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• 2011

Statistics of aviation accident in Korea show that safety level of training flights is high. However, more than 80% of aviation accidents happen owing to human factors. And because most reasons of them are concerned with pilot error, it is very important for student pilots who will transport a lot of passengers to develop the knowledge of safety and abilities of risk management for preventing accidents. In this study, in order to investigate the Human Factors which affect safety in training student pilots for flight, verified the correlationbetween experiences of accident, the differences according to the experience level of training flight and the differences between college student pilots and ordinary student pilots on the basis of human factors that composes the SHELL models. For the study, Using SPSS 17.0, conducted Correlation Analysis, Analysis of Variance(ANOVA) and t-test. To sum up the result of this study, student pilot's ability and equipment in the cockpit are the important factors for safety when pilots are training flight. Also the analysis of the differences between human factors according to the characters of student pilots' groups shows that college student pilots are affected by immanent factors and organizational cultures. So far, there haven't been any accidents which is related with human casualties when training at the ATO(Approved Training Organization). But accidents can occur at any time and anywhere. Especially the human factors which comprises most of aviation accident have a wide reach and are impossible to be eliminated, therefore, it is best to minimize them. Because ATO is the starting point to lead the aviation industry of Korea, we will have to be aware of problems and improve education/training of human factors.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.42 no.5
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• pp.398-405
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• 2014

Recently the embedded software has been widely applied to the safety-critical systems in aviation and defense industries, therefore, the higher level of reliability, availability and fault tolerance has become a key factor for its implementation into the systems. The integrity of the software can be verified using the static analysis tools. And recent developed static analysis tool can evaluate code integrity through the mathematical analysis method. In this paper we detect the autocode error and violation of coding rules using the formal verification tool, Polyspace(R). And the fundamental errors on the flight control law model have been detected and corrected using the formal verification results. As a result of verification process, FBW helicopter control law autocode can ensure code integrity.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.31-63
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• 2011

Since Korea has invested only on developing an aircraft, it is true that Korea has neglected detailed standards and procedures about certification activities including essential safety procedures. Most developed countries have implemented mandatory airworthiness system by legislating it for operational safety of aircraft based on ICAO Annex 8, and the U.S. Department of Defense and the FAA's Airworthiness system have been adapted it to the realities of their circumstance. Therefore, Airworthiness system that can guarantee the safety of the aircraft at international level is necessary to enhance flight safety and to create export opportunities of an aircraft as a country which can develop an aircraft by itself To achieve this, a study on the improvement of aircraft airworthiness was carried out by analyzing the problem of domestic airworthiness system and by reflecting international best practices on the establishment of a system for improved Airworthiness.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.39-77
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• 2019

Crew members engaged in international air transportation provide work in many countries due to the nature of their work. According to the Private International Act, the place where the employee habitually carries out his/her work plays an important role in the determination of the governing law of the international labor contract (Article 28, Paragraph 2) and in the decision of international jurisdiction (Article 28, Paragraphs 3 and 4). The concept of the place where the employee habitually carries out his/her work was proposed by the EU to determine international jurisdiction and governing law. In international aviation law, the legislative purpose of the place where the employee habitually carries out his/her work is different from that of home base, which is a concept introduced for fatigue management of the crew in order to secure the aviation safety; thus the place where the employee habitually carries out his/her work and home base are not the same concept. In order to determine the place where the employee habitually carries out his/her work, following matters should be considered comprehensively; (i) where the crew starts and ends work, (ii) where the aircraft the crew is performing work on is primarily parked, (iii) where the crew is informed of the instructions and organizes his/her work activities, (iv) where the crew is obliged to reside according to the labor contract, (v) where there is an office provided by the employer and available to the crew, (vi) where the crew is obliged to be when he/she is ineligible for the work or subject to discipline. However, since all of the above items are the same as the location of the home base, it is reasonable to consider the home base as the most important factor when deciding on the place where the employee habitually carries out his/her work. In contrast, the state where the aircraft is registered (Article 17 of the Chicago Convention), should not be regarded as a place of where the employee habitually carries out his/her work. In this case, CJEU provided the first judging standard for the concept of the place where the employee engaged in international air transportation habitually carries out his/her work. It is the interpretation of the Brussels regulations which became a model -for the Korean Private International Act,- so it would be helpful to understand the concept of the place where the employee habitually carries out his/her work.

• 제어로봇시스템학회:학술대회논문집
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• 1997.10a
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• pp.1651-1654
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• 1997

Restiction of vertical and lateral accelerations is one of the very important requierments which has to be satisfied on the practice of automatically controlled flights of the civil aviation passenger planes. This goal could be achived on the basis of the optimization procedure using specilly constructed quadratic performance index. In the report the application of this procedure to the parameteric optimization of the control laws with known structure for autopilot of midium-size aircraft in the level flight model is demonstrated. Performance index is calculted on the basis of the controllability grammian. Results of simulation of control processes in the lateral and longitudinal channels sre represented.