• Title/Summary/Keyword: General aviation

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The Study on U.S. GARA and Aircraft Products Liability (일반항공에서의 제조물책임에 관한 연구 - 미국 일반항공진흥법(GARA)을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.55-86
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    • 2014
  • The U.S. General Aviation Revitalization Act of 1994 (the "GARA") created a statute of repose that bars any claims arising from an aviation product or component more than 18 years after its date of delivery. The statute was enacted to protect general aviation aircraft manufacturers from the excessive product liability costs. The GARA included four exceptions: (a) medical emergency patients, (b) those not on the aircraft, (c) those based on written warranties, and (d) those causally related to a "knowing misrepresentation" made by the manufacturer to the FAA. The GARA also incorporates a provision for revised starting point of reckoning to which any repairs or replacements of an aviation product. This note aimed to discuss General Aviation and GARA in depth including the meaning of statue of repose, its exceptions. The various precedents about GARA were also reviewed in here as well. From the GARA, as a comparative legal issue in aviation product liability, there can be some suggestions for revision of Korean Products Liability Act. First, it seems to be reasonable to regulate the specific statute of repose provisions for various category of products. In GARA, the period of 18 years is reasonable concerning to the average aircraft life. Second, in order to avoid exhausting debate and for the judicial economy, it needs to clarify when the statute begins to run. GARA's 18 year limitation period begins to run on the different date whether it was delivered to its first purchaser or a person engaged in the business of selling the aircraft. Last but not least, proper exceptions should be added into the law for equity matter of the statute of repose does not apply. For example, a manufacturer is not protected by GARA if it knowingly misrepresents certain safety information to the FAA.

Legal Problems of Crimes against Aircraft Safety in Korean Law (항공안전 관련 형사특별법에 대한 연구)

  • Song, Seong-Ryong;Kim, Dong-Uk
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.69-100
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    • 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.

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International cyber security strategy as a tool for comprehensive security assurance of civil aviation security: methodological considerations

  • Grygorov, Oleksandr;Basysta, Albina;Yedeliev, Roman;Paziuk, Andrii;Tropin, Zakhar
    • International Journal of Computer Science & Network Security
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    • v.21 no.9
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    • pp.332-338
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    • 2021
  • Civil aviation cybersecurity challenges are global in nature and must be addressed using global best practices and the combined efforts of all stakeholders. This requires the development of comprehensive international strategies and detailed plans for their implementation, with appropriate resources. It is important to build such strategies on a common methodology that can be applied to civil aviation and other interrelated critical infrastructure sectors. The goal of the study was to determine the methodological basis for developing an international civil aviation cybersecurity strategy, taking into account existing experience in strategic planning at the level of international specialized organizations. The research was conducted using general scientific and theoretical research methods: observation, description, formalization, analysis, synthesis, generalization, explanation As a result of the study, it was established the specifics of the approach to formulating strategic goals in civil aviation cybersecurity programs in the documents of intergovernmental and international non-governmental organizations in the aviation sphere, generally based on a comprehensive vision of cybersecurity management. A comparative analysis of strategic priorities, objectives, and planned activities for their implementation revealed common characteristics based on a single methodological sense of cybersecurity as a symbiosis of five components: human capacity, processes, technologies, communications, and its regulatory support. It was found that additional branching and detailing of priority areas in the strategic documents of international civil aviation organizations (by the example of Cybersecurity Strategy and Cybersecurity Action Plan) does not always contribute to compliance with a unified methodological framework. It is argued that to develop an international civil aviation cybersecurity strategy, it is advisable to use the methodological basis of the Cyber Security Index.

Study on the Legal Issues of New Draft of Civil Aviation Law in China (중국 민용항공법 개정 최근 동향과 주요 법적쟁점)

  • Lee, Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.177-214
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    • 2016
  • During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

Linear Relationship between Expenditure on intangible capital and Sales - aviation service and related manufacturing firms (항공운송업 및 관련 제조업의 무형자산성 지출과 매출액 간의 선형 관계 실증 분석)

  • Kim, Jeong-Yeon
    • Journal of Advanced Navigation Technology
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    • v.16 no.6
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    • pp.1116-1122
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    • 2012
  • Many researches predicted the linear relationship between discretionary expenditure and sales amount in manufacturing companies. We review their relationship based on financial reports of KOSDAQ and KOSPI listed companies in category of non-durable goods. Also we review the relationship between expenditure on intangible capital and sales amount in aviation service and related manufacturing firms. Identified manufacturing firms showed linear relationship between R&D expenditure and sales amount. On the contrary, aviation service and related manufacturing companies do not have linear relationship between expenditure on intangible capital and sales, while their general management and sales expenditure has linear relationship with sales. It shows aviation service and related manufacturing company keep advertising or R&D related expenditure as sales revenue decreases, while manufacturing companies of non-durable goods has a tendency to reduce it as sales revenue decreases.

Development of Airworthiness Database System with Validation Process for Design Programs of General Aviation Aircraft

  • Lwin, Tun;Lee, Jae Woo;Kim, Sangho;Lee, Hyojin
    • International Journal of Aeronautical and Space Sciences
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    • v.13 no.4
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    • pp.435-445
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    • 2012
  • In this paper, a design process is established by integrating aviation safety requirements for the development of general aviation aircraft. An Airworthiness-Design Integration System, which integrates certification requirements with the entire design/analysis process, is developed and presented. For the proposed system, KAS 23/FAR 23/AC 23/CS 23 certification regulations are analyzed to determine design constraints and system compliance checks and to construct an ER&G (Engineering Requirement and Guide) and a Design-Certification Related Table (DCRT). Furthermore, through building a DB (Data Base), the management of design and certification related resources for developing a FAR 23 class aircraft are made. Certification tools and resources are also efficiently managed by the DB. The connection between the certification requirements and the detailed design process is proposed in this system. Tracking of this proposed method is validated by configuring a USE CASE and a system. The Airworthiness-Design Integration system will be constructed based on the system's design plan, certification system, and usage scenarios.

Study on the Safety Management element's Importanc of Domestic General Aviation (국내 항공기사용사업의 현황과 안전관리요소의 중요도에 대한 연구)

  • Byeon, A-Reum;Choe, Yeon-Cheol;Jo, Yeong-Jin
    • 한국항공운항학회:학술대회논문집
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    • 2016.05a
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    • pp.306-309
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    • 2016
  • 최근 항공기 사고가 빈번하게 발생하는 가운데, 2000년 이후부터 현재까지 발생한 항공기 사고 총 257건 가운데 52번의 사고가 항공기사용사업체에서 발생하였다. 이는 항공사업의 크기와 항공기보유대수에 비해 큰 비중을 차지하는 것을 나타낸다. 그러나 현행 법령 및 제도 등은 항공기사용사업의 업무영역 및 특성을 고려한 안전요건이 충족되어있지않은 실정이다. 본 연구는 최근 발생한 항공기 사고 유형 및 안전요소를 분석하고, AHP 기법을 이용하여 안전요소별 중요도를 도출한 후 그 결과를 기반으로 안전방안에 대해 살펴보고자한다.

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A GENERAL ITERATIVE METHOD BASED ON THE HYBRID STEEPEST DESCENT SCHEME FOR VARIATIONAL INCLUSIONS, EQUILIBRIUM PROBLEMS

  • Tian, Ming;Lan, Yun Di
    • Journal of applied mathematics & informatics
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    • v.29 no.3_4
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    • pp.603-619
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    • 2011
  • To the best of our knowledge, it would probably be the first time in the literature that we clarify the relationship between Yamada's method and viscosity iteration correctly. We design iterative methods based on the hybrid steepest descent algorithms for solving variational inclusions, equilibrium problems. Our results unify, extend and improve the corresponding results given by many others.

LEAST ABSOLUTE DEVIATION ESTIMATOR IN FUZZY REGRESSION

  • KIM KYUNG JOONG;KIM DONG HO;CHOI SEUNG HOE
    • Journal of applied mathematics & informatics
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    • v.18 no.1_2
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    • pp.649-656
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    • 2005
  • In this paper we consider a fuzzy least absolute deviation method in order to construct fuzzy linear regression model with fuzzy input and fuzzy output. We also consider two numerical examples to evaluate an effectiveness of the fuzzy least absolute deviation method and the fuzzy least squares method.