• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• Journal of Advanced Navigation Technology
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• v.25 no.3
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• pp.256-266
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• 2021

Domestic and foreign studies point to human factors as the main cause of unmanned aerial vehicle accidents, and HFACS is introduced as a technique to effectively analyze these human factors. Until now, domestic and foreign cases of analyzing the human factors of unmanned aerial vehicle accidents using HFACS were mainly targeted by military unmanned aerial vehicles, which can be used as an objective cause identification and similar accident prevention tool. In particular, identifying the focus of HFACS application considering the performance and operation conditions of domestic civilian unmanned aerial vehicles is expected to greatly help identify the cause and prevent recurrence in the event of an accident. Based on HFACS version 7.0, this study analyzed the accident investigation report data conducted by Korea Aviation and Railway Accident Investigation Board to identify the focus of HFACS application that can be used for domestic civilian unmanned aircraft accident investigations.

• The Journal of the Convergence on Culture Technology
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• v.7 no.4
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• pp.21-26
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• 2021

After starting the war on terrorism, the U.S. military began to utilize the strength of its women's workforce by operating a cultural support team (CST) and a women's close combat team (FET) that obtained the information needed for civil operations with emphasis on civil factors. In addition, in order to subdue resistance forces that carry out surprise attacks by covering the shielded terrain of the rugged land or among residents, female personnel with excellent understanding, calmness, and detail were operated as unmanned aircraft operators (RPA). Since the situations that the U.S. has already experienced are likely to be reproduced on the Korean Peninsula, the South Korean military will be able to overcome uncertainties in the future battlefield environment by utilizing the U.S. female workforce.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.115-157
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• 2013

Some contracting States of the Convention on International Civil Aviation (commonly known as the Chicago Convention) issue FAOC(Foreign AOC and/or Operations Specifications) and conduct various safety audits for the foreign operators. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident, it is the source of concern from the legal as well as economic perspectives. FAOC of the USA doubly burdens the other contracting States to the Chicago Convention because it is the requirement other than that prescribed by the Chicago Convention of which provisions are faithfully observed by almost all the contracting States. The Chicago Convention in its Article 33 stipulates that each contracting State recognize the validity of the certificates of airworthiness and licenses issued by other contracting States as long as they meet the minimum standards of the ICAO. Consequently, it is submitted that the unilateral action of the USA, China, Mongolia, Australia, and the Philippines issuing the FOAC to the aircraft of other States is against the Convention. It is worry some that this breach of international law is likely to be followed by the European Union which is believed to be in preparation for its own unilateral application. The ICAO established by the Chicago Convention to be in charge of safe and orderly development of the international civil aviation has been in hard work to both upgrade and emphasize the safe operation of aircraft. As the result of these endeavors, it prepared a new Annex 19 to the Chicago Convention with the title of "Safety Management" and with the applicable date 14 November 2013. It is this Annex and other ICAO documents relevant to the safety that the contracting States to the Chicago Convention have to observe. Otherwise, it is the economical burden due to probable delay in issuing the FOAC and bureaucracies combined with many different paperworks and regulations depending on where the aircraft is flown. It is exactly to avoid this type of confusion and waste that the Chicago Convention aimed at when it was adopted in 1944. The State of the operator shall establish a system for both the certification and the continued surveillance of the operator in accordance with ICAO SARPs to ensure that the required standards of operations are maintained. Certainly the operator shall meet and maintain the requirements established by the States in which it operate. The authority of a State stops where the authority of another State intervenes or where the former has yielded its power by an international agreement for the sake of international cooperation. Hence, it is not within the realm of the State to issue FAOC towards foreign operators for the reason that these foreign operators are flying in and out of the State. Furthermore, there are other safety audits such as ICAO USOAP, IATA IOSA, FAA IASA, and EU SAFA that assure the safe operation of the aircraft, but within the limit of their power and in compliance with the ICAO SARPs. If the safety level of any operator is not satisfactory, the operator could be banned to operate in the contracting States with watchful eyes until the ICAO SARPs are met. This time-honoured practice has been applied without any serious problems. Besides, we have the new Annex 19 to strengthen and upgrade with easy reference for contracting States. We don't have no reason to introduce additional burden to the States by unilateral actions of some States. These actions have to be corrected. On the other hand, when it comes to the carriage of the Personal or Pilot Log Book, the Korean regulation requiring it is in contrast with other relevant provisions of USA, USOAP, IOSA, and SAFA. The Chicago Convention requires in its Articles 29 and 34 only the carriage of the Journey Log Book and some other certificates, but do not mention the Personal Log Book at all. Paragraph 5.1.1.1 of Annex 1 to the Chicago Convention even makes it clear that the carriage in the aircraft of the Personal Log Book is not required on international flights. The unique Korean regulation in this regards giving the unnecessary burden to the national flag air carriers has to be lifted at once.

• Journal of Aerospace System Engineering
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• v.14 no.1
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• pp.54-61
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• 2020

For operating military aircraft, military certificate of airworthiness (MCA) must be obtained from military authority. Among procedures of general airworthiness certification, there is a military type certification process that aircraft design complies with military airworthiness certification criteria. The Surion is the first military rotorcraft which has obtained military type certificate, production validation and airworthiness certificate in Korea, and the Surion derivatives for special mission are being operated for government services. Based on Aviation Safety Act, in order to operate the Surion derivatives (military aircraft) for special purpose (such as emergency patient transportation and firefighting), the issuance of special airworthiness certificates was needed from civil airworthiness authority, and the restricted category type certification (RTC) is one of design approvals for special airworthiness certification to be streamlined. This study discussed the procedures for acquiring RTC for special purpose operation of the Surion derivatives classified as military derived aircraft, and suggested procedural ideas to improve Korean RTC system.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.109-139
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• 2004

The first successful sustained powered flight by Wright Brothers was further extended to the rapid development of aviation technology, that led to transpacific flights, the invention of supersonic planes, and enabled hundreds of people to travel in the space, in addition to the fact that around 10 people had stepped on the moon, all of which were made possible within the very same century. However, on the back side of this most wondrous human technology, the vulnerableness to the aviation accident has been constantly accompanied with, right from the very beginning stage of the aircraft development. Moreover, the development of future aircraft is being focused on the aircraft performance, the increment of the number of passengers aboard and also its speed. In proportion to these phenomena of mega sizing the aircraft, the development of new technology and the increment of air traffic volume, the number of aviation accident is expected to augment, resulting in the enormous loss of human lives and properties. In order to prevent the disastrous aviation accident as such, it is essential to conduct the accident investigation in a specialized, systematic and scientific manner. In search for the method to attain the effective function of the aviation accident investigation organization, in this study, issues were examined as follows: The full-time Board Members and the establishment of an integrated investigation agency, The systematized security of status as an accident investigator, Inclusion of a human factors specialist in the investigator group organization, liability limit of an accident investigator Stipulation of the definition and the investigation scope of an accident and serious incident, along with the main body of conducting the investigation into the accident involving both civil and public aircraft, in the regulations related to the accident investigation.

• The Journal of the Korea Contents Association
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• v.19 no.11
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• pp.365-374
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• 2019

Loss of Control in Flight(LOC-I) due to aircraft upset attitude has the highest air accident rate, and International Aviation Institute such as ICAO and FAA recommended flight crew to operate aircraft safely through UPRT(Upset Prevention & Recovery Training) program. ICAO has selected Loss of Control(LOC) as key safety indicator, and recommended to respond using TEM(Threat and Error Management). However there are not much specific treats and errors classified for UPRT programs using real TEM based on evidences. This study intends to consider the importance of UPRT through the introduction of UPRT and accident analysis using TEM. Typical upset accidents were classified to common threats as IFR, inadequate training, Automation surprise, and inexperienced copilots. The common errors were cross-check, speed and altitude deviation, callouts, communication, thrust and stall action fail. The undesired aircraft states were inadequate automation mode, Deviation of speed and vertical, stall, and crash. These suggest areas to improve UPRT.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.97-115
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• 2013

The world-wide principal criteria of aircraft operations is ICAO Annex 6. Operations of Aircraft. Among ICAO Annex 6, Part I is for International Commercial Air Transport - Aeroplanes and it assumes major part of civil aviation. ICAO has been providing Contracting States with SARPs(Standards and Recommended Practices) and monitor each State's reflection degree into their domestic air law, so-called USOAP(Universal Safety Oversight Audit Program). Current ICAO USOAP is Snap-shot method, but it will be changed to USOAP-CMA method from the year of 2013. ICAO USOAP results have overall effects on national aviation industry such as routes, insurance, airlines cooperation and so forth. Low grades of results attract international attention and that leads to flag carrier's operation stoppage, route restriction, airlines cooperation restriction, insurance increase directly or indirectly. Thus it is important to get excellent grades in ICAO USOAP and to maintain confidence. Our government ranked top to get 98.89 grades in 2008 ICAO USOAP but after 2008 the revised provisions have not been reflected sufficiently into our air law. So I would like to grip reflection ratio of ICAO Annex 6 Part I into our domestic air law by using the most updated revised edition on this paper. Together I would like to suggest alternatives for the non-reflected and partially reflected.

• Aerospace Engineering and Technology
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• v.4 no.1
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• pp.1-8
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• 2005

Civil aviation regulation such as FAR and loads analysis procedure based on this was explained, and loads analysis procedure and results for Smart UAV was presented for application case. For loads analysis, applicable regulations and loads conditions should be prepared in advance, and modeling for aerodynamics, weight, and structure should be performed. Panel method is usually adopted for aircraft loads analysis to obtain aerodynamic loads. In this study, ARGON which is multidisciplinary fixed wing aircraft design software co-developed by KARI and TsAGI was used for loads analysis. ARGON can be utilized for flutter and stress analysis as well as for flight and ground loads analysis. In this paper, flight loads analysis of 4-seater canard airplane was performed with ARGON and that results were presented.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.18 no.3
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• pp.9-20
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• 2010

Surveillance is an enabler of safety with respect to aircraft separation and as a consequence capacity and efficiency with respect to aircraft operations. The new emerging technology among modern civil aviation surveillance is Multilateration (MLAT) which would affect on the surveillance capacity with both side of surveillance signal and operational properties. Multilateration system is needed to receive the signal which must reach at least 3 ground receivers simultaneously and has the effect that will have on with the ultimate accuracy. In this paper, the principle and the system configuration are reviewed. And its benefit of development is considered with use in situations where it is difficult to locate tranditional radar. This MLAT requires no additional avionics equipment to supply service with more accurate and less expensive. And it is able to enhance performance that meets international standards and extend the investment of air navigation service providers with reducing environmental impact by utilizing a small footprint on existing structures. Finally, it can be added to meet a wide range of coverage requirements and future surveillance needs.