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

• The Korean Journal of Air & Space Law and Policy
• /
• v.21 no.2
• /
• pp.123-155
• /
• 2006

2001. 9. 11 aviation terror showed us that there are lots of problems in aviation security and we need efficient counter-plans. According to this event, many countries are coming up with various countermeasures. After first hijacking in 1950, the aviation terror is occurring with more various methods until these days. And the scale is bigger than former so they're making much bigger damages. Especially, the case of 9.11 terror attracted people's eye of the world because of enormous casualties and damages. It aroused many people's self-awakening therefore as an important factor the security is given much weight in the aviation safety. In order to keep the step like this tendency and the development of aviation security, beginning with America lots of countries of the world are pursuing diverse aviation security's counter-plans of new side. At this point of time, for our development in aviation industry we should make efficient aviation security countermeasures. In this study, We compared our aviation security activities with major countries after 9.11 terror.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.42
• /
• pp.247-274
• /
• 2009

The supply chain security programs are designed to prevent terrorist attacks on world transit system, and to help protect the passengers and workers who use these systems on a daily basis. as evidenced by the train bombings in London and Madrid in recent years, the threats to America's transit systems are real. After 9 11 terrors in 2001, security problem is appearing to every nations and international organizations main pending issue than any problem and various countermeasure is prepared. Security is the major issue in international trade, with significant potential costs and economic impact. So, We need to ensure that supply chain security does not become a new non-tariffs barrier. The aim of this study is to examine the international maritime and aviation law on the supply chain security. Also I review the supply chain security in U.S. and other countries.

• The Korean Journal of Air & Space Law and Policy
• /
• v.26 no.2
• /
• pp.69-100
• /
• 2011

The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

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

• The Korean Journal of Air & Space Law and Policy
• /
• v.30 no.1
• /
• pp.245-271
• /
• 2015

The downing of the MH17 reminds the world that the international civil aviation is not as safety and security as people expected. Such tragedy is partly due to the risk and danger of the armed conflict zones, but is more attributed to the ignorance to the international law by the responsible parties concerned. International laws applicable to the armed conflict zones shall be strictly followed, and the reparation shall be provided to the victims, otherwise such disaster could not be avoided in the future.

• The Korean Journal of Air & Space Law and Policy
• /
• v.19 no.1
• /
• pp.165-182
• /
• 2004

According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. It is generally recognized that the three major parties responsible for the aviation security at an airport are appropriate government departments, airport operator and airlines. The airlines are the beneficiaries of security activities as well as the provider of security activities. So, their responsibilities have been critical in protecting civil aviation from unlawful interferences. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. The government has the responsibilities not only for establishing regulatory system but also for oversighting the implementation of aviation security activities. The paper is to review the revision of aviation security regulation and the changes of aviation security responsibilities, and costs and task assignment in Republic of Korea after September 11 event. The responsibilities, tasks and costs assigned to airlines, airport operators and government are introduced and evaluated in terms of economic fairness, effectiveness and efficiency of aviation security activities. The drawbacks of new legal system are pointed out and the suggestions to remedy them are proposed as conclusions.

• The Korean Journal of Air & Space Law and Policy
• /
• no.spc
• /
• pp.201-223
• /
• 2007

• The Korean Journal of Air & Space Law and Policy
• /
• v.5
• /
• pp.53-75
• /
• 1993

This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

• Journal of the Korea Convergence Society
• /
• v.11 no.5
• /
• pp.209-217
• /
• 2020

The background of the research is the following. With the prosperity of drone industry, the government has been actively promoting measures to nominate 'drone photographing free areas'. However, existing laws, and procedures are rather unclear with related environmental factors in discordance with one another. Hence, voices in need for establishing a clear precondition for nominating drone photography free area have been rising. The purpose of the research is to provide measures for the preconditions to establish photography free areas for convenient drone photographing. The research utilizes literary methods, conducting focus group interviews to coordinate with specialists who can participate and discuss so that they can provide improvement measures. The research renders improvement measures in different sectors including 2x items in aviation security law, 8x items in free area nomination and procedure, 4x items in infrastructure establishment and information management area. The expected effects are the following: by attaching drone photography with aviation security law, nominating photography free area can be linked up with the Ministry of Land Infrastructure and Technology. Secondly, by enlarging photography restricted area to upper mid-air, a three dimensional drone security will be possible. Thirdly, by providing a 'Yongin area standard model', free area nomination will become more easy. Future research will focus on enhancing aviation security law regarding drone photographing. In addition, the promotion to nominate free areas for 33x responsible areas in accordance with the National Intelligence service will be required.