• Journal of the Korean Society for Aviation and Aeronautics
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• v.18 no.3
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• pp.77-83
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• 2010

"The prohibition of careless or reckless flight" is the regulation specified not only in the national air law but ICAO ANNEX and FAR. This article(item) has not been categorized properly unlike other items and the question such as why this is described as a fundamental and essential act can be answered only by the party subjected to administrative measures in case of Korea and this kind of violation is so rare that it is not easy to understand the legal meaning and the function of the term, "The prohibition of careless or reckless flight" In case of U.S where aviation cases are common, the distinction between the term "careless" or "reckless" operation depends on whether to recognize the given situation. Some incidents happened by failing to aware NOTAM, violating ATC, or T/W landing where a pilot did not recognize the violation itself are considered to be "Careless" flight. Others such as low altitude high speed flight, approximate flight, Rejecting ATC instruction where a pilot intends to or is remiss in safety are regarded as "Reckless" flight. For pilots who are required to take the highest level of care from preparing for flight to stopping engines or completely disembarking passengers from a plane, the clear understanding of the most basic concept of "careless" or "reckless" flight should be emphasized for the safe flight and it is the time for the authorities to set a standard for proper measures by definite legal interpretations.

• 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.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.28 no.1
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• pp.115-121
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• 2020

Recently avionics equipment and its integration are most important part for implementing high performance aircraft system. This trends are emphasized in the military or special purpose aircraft development program. Flight Test Bed Aircraft (hereafter FTB A/C) - by modified commercial aircraft - was key solution to verify function and performance of avionics system for complex aircraft development program for a while, but there are no experience to use it in domestic airspace of ROK. This paper would like to address what act and regulation is necessary to perform flight operation of FTB A/C with keeping a airworthiness and airspace control policy. and then willing to propose what do we do for improving aviation industry.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.207-230
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• 2006

It should be noted that current rules and provisions of the law, such as the act of military air base and the act of the construction, do not provide a fairly good solution regarding the conflict between the company and the air force. The act of military air base does not have the jurisdiction on the matters occurring outside the edge of the flight safety zone. Freezing measure about the construction permit is not suitable for this case. A sort of policy or revision of the law will be needed to foster the transaction between parties in question which may be useful for enhancing overall efficiency.

• Journal of Aerospace System Engineering
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• v.15 no.4
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• pp.64-74
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• 2021

Unmanned Aircraft Systems (UAS) are rapidly emerging not only as a key military power, such as surveillance and reconnaissance for military purposes but also as a new air transportation means in the form of Urban Air Mobility (UAM). Currently, airworthiness certification is carried out focused on the verification of technical standards for flight safety suitability of aircraft design in accordance with the Military Aircraft Flight Safety Certification Act and does not employ the model for operational risk assessment for mission areas and airspace. In this study, in order to evaluate the risk of the mission area from the perspective of the UAS operator, a risk assessment simulation has been conducted by applying the Specific Operations Risk Assessment (SORA) model to the operating environment of the Korean military UAS. Also, the validity of the SORA model has been verified through the analysis of simulation results, and a new application plan for airworthiness certification of the military unmanned aerial system has been presented.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.235-268
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• 2019

Under the Aviation Safety Act of Korea, any person who intends to operate a drone is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of drones in the daytime, (ii) Operation of drones within Visual Line of Sight, (iii) Maintenance of a certain operating distance between drones and persons or properties on the ground/ water surface, (iv) Do not operate drones over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by drone, (vi) Do not drop any objects from drones. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes legal issues as to definition and regulations of drones in Korean Aviation Safety Act. This paper, also, offers some implications and suggestions for regulations of drones under Korean Aviation Safety Act by comparing the regulations of drones in Japanese Civil Aeronautics Act.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.345-366
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• 2018

Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.115-168
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• 2018

An amendment to Japanese Civil Aeronautics Act came into effect December 10, 2015. The Act prohibits flying drones over residential areas or areas surrounding an airport without permission from the Minister of Land, Infrastructure and Transportation. Flying drones during night time and during an event is also prohibited. The term "UAV" or "UA" means any aeroplane, rotorcraft, glider or airship which cannot accommodate any person on board and can be remotely or automatically piloted (Excluding those lighter than a certain weight (200 grams). Any person who intends to operate a UAV is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of UAVs in the daytime, (ii) Operation of UAVs within Visual Line of Sight (VLOS), (iii) Maintenance of a certain operating distance between UAVs and persons or properties on the ground/water surface, (iv) Do not operate UAVs over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by UAV, (vi) Do not drop any objects from UAVs. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes some issues as to regulations of UAVs in Korean Aviation Safety Act by comparing the regulations of UAVs in Japanese Civil Aeronautics Act. This paper, also, offers some implications and suggestions for regulations of UAVs under Korean Aviation Safety Act.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.29 no.1
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• pp.74-81
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• 2021

UAM(Urban Air Mobility) systems have evolved in the form of helicopters in the 1960~1970s, tiltrotors in the 1980s, small aircraft transportation systems in the 2000s, and electric-powered Vertical Take-Off and Landing (eVTOL) in the 2010s; accordingly, the early heliport has evolved to its current form of a Vertiport. Vertical Takeoff and Landing Sites, Vertiports, are important factors for the successful introduction of UAM, along with the resolution of air traffic control (ATC), air security, and noise problems. However, there are no domestic or international installation standards and guidelines yet. Therefore, in this study, installation standards were prepared by referring to domestic and international case studies, ICAO standards, and MIT research papers. The study proposes to establish standards for Final Approach and Takeoff Area (FATO) as 1.5D, 1D for Touchdown and Lift-Off Area (TLOF), and 1.5D for Safety Area (SA). It also proposes to add "UAM Vertiport Installation Standards" to the 「Act on the Promotion and Foundation of Drone Utilization, Drone Act」.

• 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.