• Title/Summary/Keyword: Aviation Safety Act

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Study on the Means of Legislating the Range of Ownership of Air Space Above Land for Drone Taxi (UAM) (드론택시(UAM)의 토지상공 소유권 범위 법제화 방안 연구)

  • Choi, Ja-Seong;Sung, Yeon-Young;Shim, Yun-Seob;Hwang, Ho-Won
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.30 no.1
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    • pp.20-27
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    • 2022
  • It is anticipated that there will be radical disputes over land ownership in the event of the advent of the era of UAM. As such, policy alternative is presented by analyzing and researching relevant laws at home and abroad on the means of legislating 'Regulations on compensation for use of air space above land' in preparation of such occurrence. As the results of the study, it is deemed to limit the range of the land ownership in accordance with UAM operation as follows. First, it is proposed to newly enact regulation to limit the ownership of air space of land owner to the public space above the elevation of 200m as stipulated under the Article 78 of the Aviation Safety Act. Second, as the result of analysis made for the option of making compensation from the perspective of the property right of land ownership and option of not making compensation from the perspectives of public interest and concerns in the event of operation of UAM within the air space below the elevation of 200m, it is deemed that legislative decision is necessary through more extensive studies in the future.

A Study on Changes in Media Report of Police Assigned for Special Guard Using Big Kinds

  • Park, Su-Hyeon;Cho, Cheol-Kyu
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.6
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    • pp.167-172
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    • 2021
  • The objective of this study is to present the academic implications and developmental direction of the police assigned for special guard system through big data analysis on the objective and macroscopic viewpoint of the media. As research method, this study conducted the analysis on 'police assigned for special guard' and the analysis of related words that would visualize the keywords highly related to keyword trend and news. Also, after dividing the period into the 1990s, 2000s, and 2010s, the number of relevant articles in each period was drawn for understanding the flow. In the results of this study, the perception of media report of police assigned for special guard was about the recruitment of police assigned for special guard, and relevant events/accidents, which showed the coexistence of positive interest in the recruitment of police assigned for special guard and negative image of events/accidents related to police assigned for special guard. As a result, however, the necessity and demand for police assigned for special guard are increasing. Thus, the police assigned for special guard should be engaged in work after carefully thinking of its role in charge of ethical responsibility and safety as an axis for maintaining the national safety and social order.

A Study Measures to Prevent Aircraft Crossing and Establish Flight Procedures at Domestic Small Airports (국내 소형 공항의 항공기 월경방지 대책 및 비행절차 수립 연구)

  • Jae Pill Shim;Byung Heum Song;Su Min Kwak;Ji Woong Jung;Jun Seok Kim
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.31 no.2
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    • pp.89-94
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    • 2023
  • Recently, domestic small airport development plans are being promoted centering on islands, and among them, Baengnyeong Island Airport is located very close to North Korea due to its geographical characteristics. In particular, since it is located in the P-518, which is prohibited airspace, it is essential to configure the arrival/departure flight procedure route similarly to the current ship in terms of securing flight safety. Therefore, in this study, a plan for airport location and facility scale was proposed by focusing on the runway operated for the purpose of aircraft operation through consultations with the Ministry of National Defense. It was proposed to meet the standards of the Airport Facility Act as an airport dedicated to domestic flights for airside facilities such as runway length and direction, target aircraft, landing pad, apron, runway and taxiway width appropriate for the topographical characteristics of Baengnyeong Island. As a result, the flight procedure is generally established as a two-way visual flight, but the 10-way arrival/departure procedure was planned to be changed to an instrument (non-precision) according to the specificity of the region. In addition, a flight procedure was established and presented for safe and systematic operation by reflecting the changes in airport facility size (landing pad, runway end safety area, etc.) following the change in instrument flight procedure in the visual flight procedure.

A Study on the Impact of Human Factors for the Students Pilot's in ATO -With Respect to Korea Aviation Act and ICAO Human Factors Training Manual- (항공법규에 의거 지정된 조종사 양성 전문교육기관의 학생조종사에 대한 휴먼팩터 영향 연구)

  • Lee, Kang-Seok
    • 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.

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A Study on the infringement of privacy of unmanned aircraft : Focusing on the analysis of legislation and US policy (무인항공기의 사생활 침해에 대한 법적 대응 : 미국 정책.입법안 분석을 중심으로)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.135-161
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    • 2014
  • An unmanned aerial vehicle (UAV), commonly known as a drone and also referred to as an unpiloted aerial vehicle and a remotely piloted aircraft (RPA) by the International Civil Aviation Organization (ICAO), is an aircraft without a human pilot aboard. ICAO classify unmanned aircraft into two types under Circular 328 AN/190. Unmanned aircraft, which is the core of the development of the aviation industry. However, there are also elements of the legal dispute. Unmanned aircraft are manufactured in small size, it is possible to shoot a record peripheral routes stored in high-performance cameras and sensors without the consent of the citizens, there is a risk of invasion of privacy. In addition, the occurrence of the people of invasion of privacy is expected to use of civilian unmanned aircraft. If the exposure of private life that people did not want for unmanned aircraft has occurred, may occur liability to the operator of unmanned aircraft, this is a factor to be taken into account for the development of unmanned aircraft industry. In the United States, which is currently led by the unmanned aircraft industry, policy related to unmanned aircraft, invasion of privacy is under development, is preparing an efficient measures making. Unmanned aircraft special law has not been enforced. So there is a need for legal measures based on infringement of privacy by the unmanned aircraft. US was presented Privacy Protection Act of unmanned aircraft (draft). However Korea has many laws have been enacted, to enact a new law, but will be able to harm the legal stability, there is a need for the enactment of laws for public safety of life. Although in force Personal Information Protection Law, unmanned aerospace, when the invasion of privacy occurs, it is difficult to apply the Personal Information Protection Law. So, it was presented a privacy protection bill with infringement of privacy of unmanned aircraft in the reference US legislation and the Personal Information Protection Act.

The Limitation of the Military Aviation Manufacturer's Liability (우리나라 군용항공기 제작사의 책임제한 해결방안에 관한 고찰)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.139-175
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    • 2017
  • The Assembly plenary session on December 3, 2017 passed a Product Liability Amendment bill that introduced clauses concerning consumer burden of proof and punitive damage reimbursement. More specifically, these newly approved provisions will reduce the burden of proof placed on consumers and levy triple punitive damage on suppliers. Significant increases in the number of product-liability lawsuit and the number of related insurance contracts are expected. Since military aircraft are designed for operational purpose(seeking greater combat effectiveness over greater safety) and used in high-risk environment, it is practically impossible to obtain an affordable product-liability insurance, Without having any backup plan, military aircraft manufacturers directly face all sort of liability risks under Product Liability Act, Warrant Liability Act and Non-Performance of Contract Act. The U.S. experienced similar problems when they first implemented their product-liability law in 1970s. There had been a big dispute among legal practitioner, insurance professionals and scholars concerning military aircraft manufacturer's liability. In order to settle the issue, the U.S. Supreme Court has established a new precedent of Government Contractor Defense(GCD). The U.S. government also included an indemnity clause for military aircraft manufacturers in their FMS Contract with the Korean government. Likewise, Korean military aircraft manufacturers should 1) clearly understand their current position that they cannot afford expensive product-liability insurance and the cost is not accounted in the military procurement calculation, 2) estimate potential liability risks with the ongoing overseas export expansion in mind, 3) set up appropriate risk management measures through regulatory reform and policy development.

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Safety Risk Management Policy of United States small unmanned aerial system (미 소형 무인비행체계의 안전성 위험관리 정책)

  • Hong, Jin-Keun
    • Journal of Convergence for Information Technology
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    • v.11 no.9
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    • pp.35-42
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    • 2021
  • The purpose of this paper is to review the small unmanned aerial system (sUAS) safety policy promoted by the United States(US) government. Therefore, in this paper, along with sUAS risk factors, the risk factors of sUAS that the US government is interested in are described. In addition, the risk factors were classified into physical and non-physical factors, and provisions mentioned in the Federal Aviation Administration(FAA) Relicensing Act were reviewed. Other risk scenarios were analyzed focusing on target scenario items that the FAA is interested in, such as flight operation disruption, infrastructure damage, and facility trespassing. Of course, we looked at the risk management principles promoted by the US FAA. In this paper, as a research method, the direction and contents of the FAA's sUAS policy were studied and reviewed from the analysis of major foreign journals and policy. In the research result of this paper, by analyzing the FAA sUAS safety risk management policy, the integrated operation and safety policy, physical risk management policy, operation and safety regulation, and sUAS policy and technology direction necessary for establishing the sUAS safety risk management guide in Korea are presented. The contribution of this study is to identify the leading US sUAS safety policy direction, and it can be used as basic data for deriving future domestic policy directions from this. Based on the research results presented in the future, policy studies are needed to derive detailed implementation plans.

A Study on the System of Aircraft Investigation (항공기(航空機) 사고조사제도(事故調査制度)에 관한 연구(硏究))

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.9
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    • pp.85-143
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    • 1997
  • The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

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Analysis and Implication on the International Regulations related to Unmanned Aircraft -with emphasis on ICAO, U.S.A., Germany, Australia- (세계 무인항공기 운용 관련 규제 분석과 시사점 - ICAO, 미국, 독일, 호주를 중심으로 -)

  • Kim, Dong-Uk;Kim, Ji-Hoon;Kim, Sung-Mi;Kwon, Ky-Beom
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.225-285
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    • 2017
  • In regard to the regulations related to the RPA(Remotely Piloted Aircraft), which is sometimes called in other countries as UA(Unmanned Aircraft), ICAO stipulates the regulations in the 'RPAS manual (2015)' in detail based on the 'Chicago Convention' in 1944, and enacts provisions for the Rules of UAS or RPAS. Other contries stipulates them such as the Federal Airline Rules (14 CFR), Public Law (112-95) in the United States, the Air Transport Act, Air Transport Order, Air Transport Authorization Order (through revision in "Regulations to operating Rules on unmanned aerial System") based on EASA Regulation (EC) No.216/2008 in the case of unmanned aircaft under 150kg in Germany, and Civil Aviation Act (CAA 1998), Civil Aviation Act 101 (CASR Part 101) in Australia. Commonly, these laws exclude the model aircraft for leisure purpose and require pilots on the ground, not onboard aricraft, capable of controlling RPA. The laws also require that all managements necessary to operate RPA and pilots safely and efficiently under the structure of the unmanned aircraft system within the scope of the regulations. Each country classifies the RPA as an aircraft less than 25kg. Australia and Germany further break down the RPA at a lower weight. ICAO stipulates all general aviation operations, including commercial operation, in accordance with Annex 6 of the Chicago Convention, and it also applies to RPAs operations. However, passenger transportation using RPAs is excluded. If the operational scope of the RPAs includes the airspace of another country, the special permission of the relevant country shall be required 7 days before the flight date with detail flight plan submitted. In accordance with Federal Aviation Regulation 107 in the United States, a small non-leisure RPA may be operated within line-of-sight of a responsible navigator or observer during the day in the speed range up to 161 km/hr (87 knots) and to the height up to 122 m (400 ft) from surface or water. RPA must yield flight path to other aircraft, and is prohibited to load dangerous materials or to operate more than two RPAs at the same time. In Germany, the regulations on UAS except for leisure and sports provide duty to avoidance of airborne collisions and other provisions related to ground safety and individual privacy. Although commercial UAS of 5 kg or less can be freely operated without approval by relaxing the existing regulatory requirements, all the UAS regardless of the weight must be operated below an altitude of 100 meters with continuous monitoring and pilot control. Australia was the first country to regulate unmanned aircraft in 2001, and its regulations have impacts on the unmanned aircraft laws of ICAO, FAA, and EASA. In order to improve the utiliity of unmanned aircraft which is considered to be low risk, the regulation conditions were relaxed through the revision in 2016 by adding the concept "Excluded RPA". In the case of excluded RPA, it can be operated without special permission even for commercial purpose. Furthermore, disscussions on a new standard manual is being conducted for further flexibility of the current regulations.

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The International Civil Aviation Organization and Recent Developments of Air Law in a Changing Environment (변환기(變換期)에 있어서의 국제민간항공기구(國際民間航空機構)(ICAD)와 항공법(航空法) 발전(發展)의 최근(最近) 동향(動向))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.7-35
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    • 1992
  • The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

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