• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.99-143
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• 2016

General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.9 no.2
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• pp.55-62
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• 2001

A safe and secure civil aviation system is a critical component of the nation's overall security, physical infrastructure, and economic foundation. Although it is not fully known at this time what actually occurred or which of the weaknesses in the nation's aviation security apparatus contributed to the terrible events of 11 September in the U.S.A., it is clear that serious weaknesses exist in our aviation security system including regulation system. Actually, defectiveness of regulations structure and contents concerned in aviation security were discussed in various studies. On this study, we have identified defectiveness in aviation security regulation system by the comparative study between 14 CFR and Korean regulations. Finally, we are to provide some suggestions and alternatives to improve aviation security regulation system in this country.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.25 no.1
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• pp.23-34
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• 2017

Approximately 70% of aviation accidents in the world are caused by human factors of pilots and 15-20% of these accidents are known to be caused by pilot fatigue. Recently ICAO established new standards of FRMS for aircrew. The US and the EU have introduced FRMS and established and operated new aviation regulation systems for pilot flight(duty) time limitations. On the other hand, Korea has not yet introduced FRMS. This study reviewed ICAO's standards of FRMS and analyzed the aviation regulations of the US and the EU. As a result of this study, it showed that Korea also needed to introduce FRMS. This study reasoned out plans to improve Korean aviation regulations about pilot flight time limitations based on international standards.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.6 no.1
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• pp.165-178
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• 1998

The worldwide improvement of the safety, efficiency and rationality in the field of aircraft operation environment and certificate management of aviation personnel has been proceeded cheerfully as a part of each country's globalization movement. Considering the importance of aviation transportation industry supporting nation's international trading has the competition among the airlines regarded possibly as that among the countries. In order to make Korean Government and Airlines more competitive in this race, the standardization and generalization of aviation regulations are required. On this study, some amendments are recommended to improve regulations and systems for pilot's certification management and operation environment by comparison analysis of regulations of ICAO, FAA and Korean aviation law.

• Journal of Aerospace System Engineering
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• v.9 no.3
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• pp.47-58
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• 2015

An aircraft, its engine and propeller are certified in processes of design, production, and operation respectively. Type Certificate is issued if the aviation authority finds that the design of aircraft, engine, or propeller complies with applicable airworthiness standards and environmental standards. The ICAO (International Civil Aviation Organization) prescribes the international standards and recommended practices of type certification for the contracting states. The FAA (Federal Aviation Administration) and the EASA (European Aviation Safety Agency) established their regulations and procedures applicable to type certification. In this paper, we compared the differences among the ICAO, the FAA, and the EASA regulations, and on this comparison, we proposed the rulemaking items to improve type certification regulations in Korea.

• Korean journal of aerospace and environmental medicine
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• v.30 no.3
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• pp.86-90
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• 2020

Coronavirus disease 2019 (COVID-19) has had a significant impact on our society as a whole. The COVID-19 pandemic is not only a health crisis, it is also an economic, social and humanitarian crisis. Considering the dramatic global economic and social impact that the crisis has engendered, the aviation system is standing on the doorstep of rapid transformation. In particular, the impact on the aviation and travel industries is enormous. Air travel to most countries has been suspended and blocked. Looking at Korea's current situation, COVID-19 has wholly changed the aviation industry. As COVID-19 spreads around the world, countries have come up with aviation safety measures. Infectious disease safety measures were established to protect passengers and crew members, and countries with collapsed medical systems extended the validity period for aviation medical examinations. In Korea, on August 11, the Ministry of Land, Infrastructure and Transport provided guidance on medical measures related to COVID-19 through an official letter of "Notification of cautions for pilots and air traffic control officers (ATCO) when COVID-19 is confirmed". Overseas countries such as the United States and the United Kingdom have announced regulations for aviation medical examination regulations in relation to COVID-19, and have set standards for returning to aviation after COVID-19 is confirmed. In this paper, we would like to investigate the regulations for aviation medical examination related to COVID-19.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.16 no.4
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• pp.69-74
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• 2008

Aircraft fires due to accident at an airport may be under a special situation. An outstanding characteristic of aircraft fires is their tendency to reach lethal intensity within a very short time. In domestic aviation act, there are regulations related to services coping with the aircraft accidents within an airport. To cope aircraft fires, it is necessary to define clearly the regulations and standards about the services and related activities of rescue and fire fighting, and to keep the regulations and standards. The study has been performed on the basis of International Civil Aviation Organization (ICAO) Airport Services Manual of rescue and fire fighting. The objective of study is to suggest improvement methods for standards applicable to actual service practices of rescue and fire fighting by analyzing through the comparison of domestic and international regulations and standards.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.31 no.3
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• pp.161-171
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• 2023

The traditional safety management method starts with the misconception that similar accidents will recur if the inappropriate behavior of the person who caused the accident is investigated and punishment is not judged. However, in modern safety management, incidents or situations occur when negative conditions latent in the system are mutually influenced and triggered. The precedent for revoking the disposition of suspension of first officer A of Eastar Jet, which won a legal lawsuit against the administrative regulatory authority, is a representative example that will serve as an opportunity for the administrative regulatory authority to break away from the punishment-oriented safety management method of the past. On the other hand, airmans and air carriers also need to have a clear understanding of flight regulations, and when judicial judgment is required, predictable and effective legal effects can be obtained by preparing clear standards for flight regulations. In addition, administrative regulatory authorities expect a change from the punishment-oriented safety management policy of the past to a systematic safety management policy.

• Journal of Positioning, Navigation, and Timing
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• v.13 no.2
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• pp.117-129
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• 2024

In this paper, we survey recent trends of International Global Navigation Satellite System (GNSS) organizations such as the International Committee on GNSS (ICG), International Civil Aviation Organization (ICAO), International Maritime Organization (IMO), and International Telecommunication Union (ITU), and investigate their impact on the maritime and aviation sectors. Each international organization promotes international cooperation, improvement of service quality, assurance of security, compliance with international regulations, and technological innovation and development. ICG develops a variety of satellite navigation enhancement systems. ICAO establishes international aviation regulations and standards to enhance aviation safety and security. IMO establishes international shipping conventions and rules to protect and regulate the shipping environment. Lastly, ITU establishes international communication regulations and standards. Investigation of such international organizations plays an important role in increasing the efficiency and reliability of GNSS systems. Each international organization promotes international cooperation, improvement of service quality, assurance of security, compliance with international regulations, and technological innovation and development. In the future, interoperability and compatibility with new satellite navigation systems and other GNSS and satellite navigation enhancement systems must be secured, so and thus investigation of international organizations must be conducted first.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.183-204
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• 2014

US 911 incidents have changed all aviation security system in the world. Especially the US changed all existing system into new one. One of the most fundamental changes is aviation security acts, regulation and several programmes. Based on the new aviation security act enacted in 2001, several code of federal regulations have been amended to strengthen US aviation security system. These regulation also enable new aviation security programmes including several airline and airport security related programmes, K-9 programme, BDO programme and air marshall programmed. All the programmes enables US aviation security improvements. Also the creating of TSA based on the aviation and transportation security act has provided the enhancement of aviation security in US. The purpose of this thesis is studying the change of aviation security system in the US especiatly in terms of aviation security legislation perfective and comparing the system with Korean aviation security legal system and provides possible solution to enhance Korean aviation security legislation and structure.