• The Korean Journal of Air & Space Law and Policy
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• v.6
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• pp.85-96
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• 1994

• The Korean Journal of Air & Space Law and Policy
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• v.11
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• pp.193-207
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• 1999

• Journal of the Korean Society for Aviation and Aeronautics
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• v.9 no.1
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• pp.31-44
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• 2001

This paper addresses legislation status of air route design standard of Korea. Korea Ministry of Construction and Transportation's Order Number 300 (March 28, 2001) prescribes that firstly, the design of air routes in Korea should be in accord with International Civil Aviation Organization(ICAO)'s recommendations published in Annex 11: Air Traffic Service and Procedures for Air Navigation Services: Aircraft Operations (ICAO Doc 8168-OPS, 1986), and secondly, United States Federal Aviation Administration(FAA)'s Terminal Instrument Procedures (FAA, 1976). An investigation on the current air route specifications of Korea reveals that they are in accord with neither ICAO's recommendations nor FAA's standards in that the width of Korea's air routes are narrower that the international recommendations and standards. As a member state of ICAO, it is imperative for Korea to follow the international standards. In that purposes, Korea should legislate and regulate the detail standard for air route design. For the legislation, FAA regulations are to be followed because FAA rules contains more detail specifications while ICAO recommendations includes allows a range of policy decisions, which may result in a confusion in practice.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.31-64
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• 2015

The Chicago Convention and Annexes have become the basis of aviation safety regulations for every contracting state. Generally, aviation safety regulations refer to the SARPs provided in the Annexes of the Chicago Convention. In order to properly reflect international aviation safety regulations, constant studies of the aviation fields are of paramount importance. Treaties duly concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea. Each contracting state to the Chicago Convention should meet ICAO SARPs about AOC and FAOC. According to ICAO SARPs, Civil Aviation Authorities shall issue AOC to air carriers of the state, but don't require to issue for foreign air carrier. However some contracting states of the Chicago Convention issue FAOC and/or Operations Specifications for the foreign operators. This FAOC is being expanded from USA to the other contracting states. Foreign operators have doubly burden to implement AOC of the ICAO SARPs because FAOC is an additional requirement other than that prescribed by the ICAO SARPs In Article 33, the Chicago Convention stipulates that each contracting state shall recognize the validity of the certificates of airworthiness and licenses issued by other contracting states as long as they are equal to or above the minimum standards of the ICAO. In ICAO Annex 6, each contracting state shall recognize as valid an air operator certificate issued by another contracting state, provided that the requirements under which the certificate was issued are at least equal to the applicable Standards specified in this Annex. States shall establish a programme with procedures for the surveillance of operations in their territory by a foreign operator and for taking appropriate action when necessary to preserve safety. Consequently, it is submitted that the unilateral action of the states issuing the FAOC to the foreign air carriers of other states is against the Convention. Hence, I make some proposals on the FAOC as an example of comprehensive problem solving after comparative study with ICAO SARPs and the contracting state's regulations. Some issues must be improved and I have made amendment proposals to meet ICAO SARPs and to strengthen aviation development. Operators should be approved by FAOC at most 190 if all states require FAOC. Hence, it is highly recommended to eliminate the FAOC or reduce the restrictions it imposes. In certain compliance-related issues, delayed process shall not be permitted to flight operations. In addition, it is necessary for the ICAO to provide more unified and standardized guidelines in order to avoid confusion or bias regarding the arbitrary expansion of the FAOC. For all the issue mentioned above, I have studied the ICAO SARPs and some state's regulation regarding FAOC, and suggested some proposals on the FAOC as an example of comprehensive problem solving. I hope that this paper is 1) to help understanding about the international issue, 2) to help the improvement of korean aviation regulations, 3) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.7-35
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• 1992

The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.225-246
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• 2020

More than technical or academic matter, mitigation of height restriction around airports is about up-dating out-dated policies that have not kept up with rapidly developing aircraft and air traffic control technologies. Above all, instead of calling out 'flight safety' that the public do not comprehend, it is important to examine and carry out measures that can protect people's right of property. MOLIT(Ministry of Land, Infrastructure, and Transport) after reviewing ICAO's Obstacle Limitation Surface TF, made an announcement to provide further plans that would apply to contracting states from 2026. However, residents of redevelopment areas near Kimpo international airport asserted that MOLIT's policy overlooks the reality of the redevelopment zone. ICAO, UN's specialized agency for civilian aviation, recommends in Annex 14, 4.2.4 that contracting states conduct an aeronautical study to determine the flight safety of horizontal surface(45m), excluding approach surface, and to mitigate height restrictions if no threat is found. Numerous countries including the United States have been following this recommendation and have been able to effectively protect people's right of property, whereas the South Korean government have not following it so far. The number of height restriction mitigation cases in the recent three months (2019. 7. 15~10. 14.) FAA of the United States have allowed after conducting an aeronautical study reaches 14,706. Japan and Taiwan also reconstruct airspace around airports in metropolitan areas in order to protect people's right of property. Just as the United States is following, MLIT should follow ICAO's recommendation in Annex 14. 4.2.4(Vol. 1. Airport Construction / Operation) and protect people's right of property by first applying aeronautical studies to the horizontal surface(45m) of flight safety zones until the specifics of ICAO's 2026 TF materialize.

• Transactions of the KSME C: Technology and Education
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• v.4 no.2
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• pp.117-122
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• 2016

Ecumenically, RPAS(Remotely Piloted Aircraft System) operation has been increased and the related accidents also have occurred. Accordingly, national authorities, organizations and industry have been striving for amendment and enactment of policy and regulation related to the RPAS(Remotely Piloted Aircraft System) operation. And ICAO had performed the joint study to make international standards through UASSG(Unmanned Aerial System Study Group). Recently this group has been switched to the panel meeting, RPASP(Remotely Piloted Aircraft System Panel). It has been discussed to make the related annex, SARPs(Standards and Recommended Practices) and etc. in RPASP. In this paper, we investigated the trend of study and development for ICAO RPAS policy and regulation. Based on these results, we suggested considerations to prepare domestic policy and regulations.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.9-46
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• 1989

• The Korean Journal of Air & Space Law and Policy
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• v.12
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• pp.210-245
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• 2000

This study is to review the problem concerned with aviation safety in Korea and suggest the solution to secure the aviation safety, in respect of regulation. At first, the definition and characteristics of aviation safety are studied, and then the endeavor for the aviation safety of ICAO and FAA are reviewed. All the fields of aviation safety area are included in the scope of this study; airworthiness in aircraft production and maintenance, flight operation, airport operation and air traffic control. The level of safety can be estimated by the frequency of accidents and seriousness. The causes of air accidents can be summarized as five factors; human factor, traffic environment. aircraft, weather, and unexpected incident. The activities to protect accidents are also can be summarized as five areas; man, machine, medium, mission and management. ICAO established the standards and recommends for the aviation safety, and adopted strategic action plan for 21st century. Federal Aviation Administration of USA also contributes for the aviation safety of world wide. Nowadays, ICAO and FAA tries to coordinate each other to set up efficient and effective ways for the aviation safety. ICAO developed safety oversight manual and FAA developed model regulations, individually. However, there has been trials to merge the results of each institute's studies. The direction of this endeavor is to meet the new environment related to globalization of air transport industry. It is necessary for our government to improve the aviation safety regulation system to address the new wave of aviation safety system pursued by international organization. A systematic and comprehensive measure should be devised by cooperation of all the related field and area.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.65-93
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• 2020

With the development of information and communication technology, the unmanned aerial vehicle industry began to attract attention as a new growth industry as it entered the fourth industrial revolution. As the size of the unmanned aerial vehicles and the scope of airspace vary from small drones to large unmanned aerial vehicles, the developed countries such as USA and Europe are developing plans for the integrated operation of manned and unmanned aerial vehicles. ICAO is also working on amendments to the relevant ICAO annexes to establish international standards and recommendations for unmanned aerial vehicles. Korea also needs to prepare for the integrated operation of manned and unmanned aerial vehicles that will come in the future, and for this purpose, it is necessary to review and revise the national regulation systems for the safe operation of unmanned aerial vehicles. This study analyzes the amendments of related annexes discussed on the Remotely Piloted Aircraft System (RPAS) pannel, and suggests the direction of revision of the Aviation Safety Act for the safe operation of unmanned aerial vehicles in comparison with the existing Aviation Safety Act.