• Title/Summary/Keyword: General aviation

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A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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The Relationship of Complaining Type, Complaining Behavior, and Subsequent Purchase Intention of the Visitors to the Help-desk Centers in General Hospitals (종합병원 민원접수자의 불평유형과 불평행동 및 재구매의사간의 관계)

  • Lee, Ji-Hyun;Lee, Dong-Myong
    • Korea Journal of Hospital Management
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    • v.5 no.2
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    • pp.120-141
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    • 2000
  • The purpose of this study is to identify and clarify the factors which affect the complaining type, the complaining behavior, and the subsequent purchase intention. The data in this study is collected through questionnaires from patients with grievances who visited the help desk centers of :1 general hospitals in Seoul. Total 70 questionnaires were collected. The conclusions from this study can be summarized as follows; 1. The complaining type(related with medical service) have relatively correlation with the having of occupation among demographic characteristics and select motivation of hospital. 2. The complaining type(related with medical service) has an effect un the official complaining behavior. And the older persons take action with the official complaining behavior. 3. The complaining type(related with medical service) has an effect on the negative purchase intention. Therefore the most important thing in hospitals management is that hospitals improve their medical service quality. And hospital managers should station the complaining center and try to ease the complaining behavior and negative purchase intention.

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A Study of the Force Majeure as Immunity by 3rd Party Liability of the Aircraft-Operator -With respect to the German Aviation Act- (항공기운항자의 제3자 책임에 관한 면책사유로서의 불가항력 조항에 관한 고찰 - 독일 항공법상의 해석을 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.37-62
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    • 2016
  • Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

The Effect on Aviation Industry by WTO Agreement on Trade in Civil Aircraft and Policy Direction of Korea (WTO 민간항공기 교역 협정이 항공산업에 미치는 영향과 우리나라의 정책 방향)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.247-280
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    • 2020
  • For customs-free and liberalization on the trade of aircraft parts, the WTO Agreement on Trade in Civil Aircraft was separately concluded as plurilateral trade agreement at the time of launching WTO in 1995, and currently 33 countries including the United States and the EU are acceded but Korea does not. Major details of the Agreement on Trade in Civil Aircraft include product coverage, the elimination of customs duties and other charges, the prohibition of government-directed procurement of civil aircraft, the application of the Agreement on Subsides and Countervailing Measures, and the consultation on issues related to this Agreement and dispute resolution. Article 89 paragraph 6 of the current Customs Act was newly established on December 31, 2018, and the tariff reduction rate for imports of aircraft parts will be reduced in stages from May 2019 and the tariff reduction system will be abolished in 2026. Accordingly, looking at the impact of the Agreement on Trade in Civil Aircraft on the aviation industry, first, as for the impact on the air transport industry, an tariff allotment of the domestic air transport industry is expected to reach about 160 billion won a year from 2026, and upon acceding to the Agreement on Trade in Civil Aircraft, the domestic air transport industry will be able to import aircraft parts at no tariff, so it will not have to pay 3 to 8 percent import duties. Second, as for the impact on the aviation MRO industry, if the tariff reduction system for aircraft parts is phased out or abolished in stages, overseas outsourcing costs in the engine maintenance and parts maintenance are expected to increase, and upon acceding to the Agreement on Trade in Civil Aircraft, the aviation MRO industry will be able to import aircraft parts at no tariff, so it will reduce overseas outsourcing costs. If the author proposes a policy direction for the trade liberalization of aircraft parts to ensure competitiveness of the aviation industry, first, as for the tariff reduction by the use of FTA, in order to be favored with the tariff reduction by the use of FTA, it is necessary to secure the certificate of origin from foreign traders in the United States and the EU, and to revise the provisions of Korea-Singapore and Korea-EU FTA. Second, as for the push of acceding to the Agreement on Trade in Civil Aircraft, it would be resonable to push the acceding to Agreement on Trade in Civil Aircraft for customs-free on the trade of aircraft parts, as the tariff reduction method by the use of FTA has limits. Third, as for the improvement of the tariff reduction system for aircraft parts under the Customs Act, it is expected that there will take a considerable amount of time until the acceding to the Agreement on Trade in Civil Aircraft, so separate improvement measures are needed to continue the tariff reduction system of aircraft parts under Article 89 paragraph 6 of the Customs Act. In conclusion, Korea should accede to the WTO Agreement on Trade in Civil Aircraft to create an environment in which our aviation industry can compete fairly with foreign aviation industries and ensure competitiveness by achieving customs-free and liberalization on the trade of aircraft parts.

The Study of the Influence of Low Cost Carriers' Web site Service Quality on Customer Loyalty (저가항공사의 웹 사이트 서비스 품질이 고객 충성도에 미치는 영향 연구)

  • Hyun, Hye-Won;Suh, Myung-Sun
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.23 no.1
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    • pp.103-112
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    • 2015
  • In this study, a study was carried out to see what influence low-cost carrier's e-service quality has on low-cost carrier customers' perceived value and customer satisfaction and what impact the results have on customer loyalty based on the results of previous studies related to e-SERVQUAL, an e-SERVQUAL measurement model for general e-commerce. In addition, a survey of consumers who have experienced using low-cost carrier experience through web sites was conducted. For the analysis of the data collected, SPSS 18.0 was used to conduct frequency analysis, factor analysis, reliability analysis, correlation analysis, and regression analysis and thus to test a hypothesis. Research findings showed that perceived value and customer satisfaction are closely related to customer loyalty, and it was also observed that the reliability factor on the service provided on the web site acts as an important influencing factor for customer loyalty in the perceived value and security factors such as payment by credit cards and protection of personal information serve as important one in terms of customer satisfaction. This study has its limitation in that samples of users who have experienced low-cost carrier are concentrated on specific ages and professions. In the future, it is required to conduct further studies on whether difference is made on the importance of measurement factors related to e-service quality by gender, age group, occupation, and e-service quality.

Performace Analysis of Channel Presumption Technique with STTC Applied to IEEE 802.11a System (IEEE 802.11a 시스템에 STTC를 적용한 채널 추정 기법의 성능분석)

  • Kweon, Soon-Nyu;Lee, Yun-Hyun
    • Journal of Advanced Navigation Technology
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    • v.6 no.3
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    • pp.241-250
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    • 2002
  • This paper presents a way to maximize transmission efficiency and reception ability through transmission diversity technology, which can be adapted to wireless multimedia OFDM system. The presented method is a comparative analysis between a case where parameter ${\alpha}$ for time average is 0.3, 1 with consideration of channel presumption with two types of rms delayed spread, which is 50nsec, 150nsec, for the performance analysis of STTC(Space-Time Trellis Code) using time-space ciphering method appropriate for MIMO channel, and performance in the case where presumed channel value from long training column section is applied to according frame in a single frame. The result showed that BER brought SNR improvement of 1.0 dB in $10^{-3}$ when ${\alpha}$ was 0.3 than using only the long training column, and showed increase of general performance improvement for the sake of time average rather than the case without.

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Implementation of Quad-rotor Hovering Systems with Tracking (추적이 가능한 쿼드로터 호버링 시스템 구현)

  • Jung, Won-Ho;Chung, Jae-Pil
    • Journal of Advanced Navigation Technology
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    • v.20 no.6
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    • pp.574-579
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    • 2016
  • Unlike general unmanned aerial vehicles, the quad-rotor is attracting the attention of many people because of simple structure and very useful value. However, as the interest in drones increases, the safety and location of vehicles are becoming more important provide against aviation safety accidents or lost accidents. Therefore, in this paper, we propose a tracking system that stabilizes the model with a simple controller by linearized modeling and grasp tilt angle data from various sensor through the filter. The developed tracking system transmits the position of the quad-rotor in flight to the computer and shows it through the route, so it can check the flight path and various information such as flight speed and altitude at the same time. Then the sensor used in the actual quad-rotor can not measure exact sensor data for disturbance and vibration. So we use sensor fusion of Kalman filter and Complementary filter to overcome this problem and the stability of the quad-rotor hovering is realized by PID control. Through simulation, various information such as the speed, position, and altitude of the quad-rotor were confirmed in real time.

Technical Development Trend and Analysis of Futuristic Personal Air Vehicle (미래형 개인용 항공기 기술개발 동향 및 분석)

  • Yi, Tae-Hyeong;Kim, Keun-Taek;Ahn, Seok-Min;Lee, Dae-Sung
    • Current Industrial and Technological Trends in Aerospace
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    • v.9 no.1
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    • pp.64-76
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    • 2011
  • The current development trend and status of a personal air vehicle, known as the novel concept of a transportation that combines a personal car with a light general aviation aircraft, is summarized to investigate its feasibility as a future transportation. In the paper, the development programs of a personal air vehicle such as AGATE, PAVE, SATS and NGATS are first summarized, and then the design, technical development and testing activities of Terrafugia's Transition and Moller International's M400 Skycar, which will be commercialized in a short time, are reviewed. Based on the assessment of technical issues with those vehicles, the key technologies for the future development of the personal air vehicle are suggested with two basic requirements of safety and mobility.

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Problems and countermeasures of the private security industry according to the current situation

  • Park, Su-Hyeon;Choi, Dong-Jae
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.12
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    • pp.315-320
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    • 2020
  • The purpose of this study is to analyze and interpret the current situation of private security companies·guards for the past three years, security companies by size, general·special (new education), and qualification system provided by the Police Agency, Security Association, etc. It provides a theoretical foundation for private security and provides a new perspective for interpreting private security. As a result, through the current situation, this private security has a concentration of metropolitan area and facility security, an abnormal personal protection company contrast, the number of personal protection institutes, there is a special security shift to regular jobs, and the current continuous education On the other hand, the education of special security guards has been shown to be limited. In the qualification system, the utilization of security instructor qualifications and the utilization and public relations of personal probation officer qualifications will appear. The current state of typical private security is as follows. The first is the balanced development of private security and the clarity of business divisions. Second, the quality of private security education and educational institutions must be high. Third is the recognition of the qualification system and active public relations.

An Empirical Study on Fear and Dizziness Using UAM Simulator (UAM 시뮬레이터를 활용한 공포심과 어지러움에 대한 실증 연구)

  • Se-Jun Kim
    • Journal of Advanced Navigation Technology
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    • v.27 no.3
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    • pp.262-268
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    • 2023
  • Based on the government's willingness to commercialize UAM with the goal of 2025, it is making remarkable achievements in various fields, including the development of UAM. In addition, based on the concept of UAM, it is evolving into an Advanced Air Mobility(AAM) concept that includes commercial operation between long-distance or short-range cities, cargo delivery, public services, aviation tourism, and personal/leisure aircraft. however, research on physical problems such as low-altitude operation characteristics, speed within three dimensions, and dizziness caused by external environment has yet to be found. Therefore, in this study, actual images are taken while flying at the expected altitude and speed of UAM using a helicopter, and by experiencing it to the general public using a UAM simulator equipped with VR and Motion, physical reactions such as fear and dizziness of passengers that may occur during actual UAM operation of UAM are analyzed.