• Title/Summary/Keyword: Flight accident

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A Study on the Aviation Case Law -Focusing on the Application of Treaties for the International Carriage by Air- (항공판례의 연구 -국제항공운송조약의 적용문제를 중심으로-)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.1
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    • pp.29-63
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    • 2006
  • This paper studied and introduced the aviation law cases in applying the treaties of the Warsaw System to the liability of the international air carrier by categorizing four main sections. Firstly, this paper handled the cases regarding the defining an international flight, exclusivity of the treaties as international air carrie's liability Convention, determining treaty relationship between the countries which one country has ratified only the Hague Protocol, an amended version of the Warsaw Convention, while the other has ratified only the original, unamended Warsaw Convention. Annotation assisted the case if it needed. Secondly, the cases relating to the issues of actual and contracting carrier, successive carrier, agents and servants of the carrier and others were studied. Thirdly, the issues relating to the accident in the course of any operations of embarking or disembarking of passengers, the occurrence during the transportation by air of baggage or goods and delay in the transportation by air of passengers, baggage or goods in addition to the cancellation of the flights were studied according to the applicable range. Fourthly, I studied the time issue with effective date of the treaties. Conclusively, it is not excessive to emphasize the importance of cases in Aviation Law like all other legal areas, therefore, a full-dress future reaserch of aviation cases is expected in here Korea with this paper as a foundation although it studied and introduced only a part of numerous aviation law cases.

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A study on partner's Relationships for Air Traffic Management Effectiveness (항공교통업무의 효과성을 위한 업무 파트너간 관계에 관한 연구)

  • 최연철;강인원;김칠영
    • Journal of Korean Society of Transportation
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    • v.20 no.2
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    • pp.39-46
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    • 2002
  • There are many studies which reveal most of the accidents are related to pilot errors. Looking at each phase of flight, the accidents which occurred at the segments of take-off and landing consist of 70%, cause these phases need precise cooperations between pilots and ATC specialists to make sure every instructions understood and instruments to be normal. Therefore, the accidents of these phases leave great regrets and the price was enormous to people and equipments. Until now, most of the studies investigate the accident itself and very few show the relationships between pilots and air traffic controllers. This study analyzes the inter-dependence, mutual trust, dependability and satisfaction between them who play an important parts in flight. Based upon the findings, the impacts of relationships between them to aviation safety could be explained. As for the results, the inter-dependence, mutual trust, dependability and satisfaction are relatively high but the standpoint is little bit different for each of them. These findings suggest that the improvements of relationships between them need more effort than that of the present to ensure the aviation safety and efficient flights.

A Study on the Development of Helicopter Accident Prevention Program by Spatial Disorientation (비행착각에 의한 헬리콥터 사고 예방 프로그램 개발에 관한 연구)

  • Young-jin Cho
    • Journal of Advanced Navigation Technology
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    • v.27 no.1
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    • pp.8-15
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    • 2023
  • According to the results of a survey of pilots, 92% or 230 out of 252 respondents said they had experienced flight errors during flight. As so many pilots are experiencing Spatial Disorientation, and this is one of the main causes of aircraft accidents and loss of life, so it is important to understand accurately. However, in Korea, training equipment for fixed-wing pilots has already been developed and trained, or recently developed, and some equipment for helicopter pilots is available in the Korea Air Force, but there is no environment for helicopter pilots to receive training in Spatial Disorientation prevention. Therefore, we intend to produce a helicopter-only simulator, present a program to prevent possible Spatial Disorientation during flights for helicopter pilots, and propose legal and institutional measures based on future training data.

A Study on the Legal Issues in Space Tourism (우주여행의 법적문제에 대한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.215-239
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    • 2011
  • We are now entering the era of Commercial Space Transportation with the rapid commercialization of space. Commercial Space Tourism will be realized first of all in the commercial space transportation and the spacecraft is developing for it led by private enterprise such as Virgin Galatic and XCOR Aerospace. The spacecraft for space tourism is developed as Reusable Launch Vehicle(RLV). RLV Spaceship I & II manufactured by the Scaled Composites for Virgin Galatic had completed experimental flight successfully and is going to put to the operation for space travel around the year 2012. In our country, Yecheon Astro-Space Center located in Yecheon, Kyungbuk Province, signed a binding-MOU with XCOR Aerospace and going to start space travel in the year 2013 with the spacecraft LYNX MARK-II. Thus, now space travel has become a reality to us. But it is also reality that there's no study by legal basis preparing for the space tourism domestically and internationally. In this regards, this thesis dealt with legal issues related to space tourism. These are as follows : (1) the applicabe law issue that is which law between air law and space law will apply, (2) the status of space tourist issue that is space tourist can be considered as personnel of a spacecraft and/or space flight participant and has the duty to obey the order of the captain of spacecraft, (3) the responsibility of the government for the non-governmental entities such as private enterprise which involved in space tourism in case space accident occurs during the space travel, (4) license permit and supervision issue by the government (In this point, for activating the market of the space tourism, I think it is essential to guarantee the safety of the spacecraft by the government authority, though U. S. government declared that it has not certified the launch vehicle as safe for carrying crew or space flight participants), (5) registration issue, (6) space insurance issue. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and New IGA of 1998 and concluded that uniform legal regime to govern these issues should be established domestically and internationally in the near future.

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Establishing the Importance Institution for Prevention of Human Error (인적오류 예방을 위한 제도의 상대적 중요도 분석)

  • Moon, Woo-Choon;Kim, Woong-Yi
    • Journal of Advanced Navigation Technology
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    • v.17 no.4
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    • pp.377-385
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    • 2013
  • Since the late 1950s, concerted efforts to reduce the accident rate in aviation have yielded unprecedented levels of safety. Although, the overall accident rate has declined considerably over the years, unfortunately reductions in human error-related accidents in aviation have failed to keep pace with the reduction of accidents due to environmental and mechanical factors. Today, a very large percentage of all aviation are attributable, directly or indirectly, to some form of human error. As a result of many study, a range of prevention of human error have been developed. but each of kind is lack of a precision, effectiveness and seem to be considered for aspect of deficiency as an systematic accessibility. So, we're going to analysis the most effective and systematic prevention of human error and study on consolidating method for human error and aviation safety. In this study, several alternatives for the prevention of human errors a priority to understand and solve problems by identifying the implications for human error to be presented.

Technical Status of Environmental Radiation Monitoring using a UAV and Its Field Application to the Aerial Survey (무인기를 이용한 광역부지 환경방사선측정 기술 현황 및 현장 적용 연구)

  • Ji, Young-Yong;Min, Byung Il;Suh, Kyung-Suk;Joung, Sungyeop;Kim, Kyoung-Pyo;Park, Jin-Ho
    • Journal of Korea Society of Industrial Information Systems
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    • v.25 no.5
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    • pp.31-39
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    • 2020
  • According to lessons learned from an accident of Fukushima Daiichi nuclear power plant, it is advisable to make a comprehensive radiation survey by the accident phase for efficient response and risk management using diverse survey platforms. This study focuses on the technical status of environmental radiation monitoring using a UAV (Unmanned aerial vehicle) and the performance test of developed aerial survey system based on two detectors with an high energy resolution through the field application to contaminated areas. Finally, the performance of aerial survey at diverse flight heights was successfully achieved by introducing the correction factor to represent the results into ambient dose rate at 1m above the ground.

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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A Study on Countermeasures to Prevent Unstable Approach to Improve Aviation Safety (항공안전도 향상을 위한 불안정 접근 방지대책)

  • Jeon, Je-hyung;Song, Jehwan;Jung, Chang-jae;Lim, se-hoon;Song, Byung-Heum
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.26 no.3
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    • pp.1-8
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    • 2018
  • Aviation industry is growing rapidly, and this growth is expected to continue. However, aircraft accident rate is still high, and 65 percent of accidents occur during landing phase due to unstable approach. Therefore, this research analyzed causes and countermeasures of unstable approach. In order to derive countermeasures, this study selected P International Airport as an example case. In addition, this research analyzed A airline's FOQA data, regional Standard Operating Procedures, and 5 years of environmental factors to identified correlation of those contributing factors. In conclusion, his research concluded following results. First of all, because of P International Airport's geological features, pilots are required to conduct Circling Approach, and this advanced maneuver increases workload at the final stage of flight. Secondarily, meteorological factors such as crosswind, seasonal rain front, local visibility contributes unstable approach. Lastly, these geological and meteorological factors are interrelated, and this uncommon environment can decrease circumstantial judgement ability of pilots and jeopardize aviation safety. As a consequence, it is recommended to reinforce the Crew Resource Management and Threat & Error Management systems so that pilots can perceive identical safety target.

Implementation of the Web-Based K-LOSA Program for the Safety Observation in Normal Operation (정상운항에서 안전 관찰을 위한 웹 기반 K-LOSA 프로그램 구현)

  • Choi, Youn-Chul;Hong, Seung-Beom
    • Journal of Advanced Navigation Technology
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    • v.18 no.4
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    • pp.319-324
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    • 2014
  • Line operation safety audit (LOSA) is the proactive data collection system to capture the accident and serious incident caused by flight crew and is the safety management program for collecting threat error management (TEM) and crew resource management (CRM) during normal operations. The typically LOSA is written by hand, manages and archives the LOSA Observation Worksheet. But, this method is not easy to archive and ensure confidentiality of the LOSA worksheets. As we implemented the K-LOSA of the web-document type instead of the existing LOSA archive method and change the TEM category code. we yields to archive the efficient data management and confidentiality. In this paper, we introduce the LOSA and to configure the K-LOSA program.

Forms of Expression of Angry Voters and Sad Voters: The Effects of Discrete Emotions and Emotional Expression on the Voting Participation through Approach-Avoidance Action Tendencies

  • Shin, Hye-kyung;Baek, Young Min
    • Asian Journal for Public Opinion Research
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    • v.2 no.4
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    • pp.248-278
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    • 2015
  • Despite the proliferation of studies on emotion, little attention has been paid to the effects of discrete emotion on political participation. Using a representative survey conducted on a sample of South Korean citizens in the aftermath of the Sewol ferry accident, the current survey explored how anger and sadness, as well as the ways people express those emotions, influence the orientation of their response in social environments and, ultimately, their voting intention. The results partially supported the discrete effects of sadness and anger in eliciting reactions of approach or avoidance. Anger was found to provoke an approach action tendency in independent voters and supporters of the opposition, while also eliciting an avoidance action tendency with a varying effect size across all three groups of respondents. Sadness also prompted an approach action tendency in independents and supporters of the incumbent party, while it manifested a negative association with the avoidance action tendency in supporters of the opponent party. An interpretation of the findings and proposed directions for future research are presented.