• Title/Summary/Keyword: International Air Carrier

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The Concept of "Accident" under the Warsaw System (국제항공운송협약상(國際船空運送協約上) 사고(事故)의 개념(槪念))

  • Choi, Jun-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.1
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    • pp.45-85
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    • 2005
  • The purpose of this paper is to examine the concept of "accident" under the Warsaw system including the Warsaw Convention for the Unification of certain Rules for International Carriage by Air of 1929 and the Montreal Convention of 1999. Most leading case on this subject is Air France v. Saks(470 U.S. 392 (1985)). In the Saks case, it was held that the definition of an accident must be applied flexibly, and most courts have adhered to the definition of accident in Saks case, the application of accident has been less than consistent. However, most cases have held that if the event is usual and expected operation of the aircraft, then no accident has occurred. Courts have also held that where the injury results from passenger's own internal reaction to the usual, normal, and expected operations of the aircraft, it is not caused by an accident. As the Warsaw drafters intended to create a system of liability rules that would cover all hazards of air travel, the carrier should liable for the inherent risks of air travel. It is right in that the carrier is in a better position than the passenger to control the risks during air travel. Most US courts have held that carriers are not liable for one passenger's assault on the other passenger. The interactions between passengers are not part of the normal operations of the aircraft and are therefore not covered by the word "accident" under Art 17 of the Warsaw Convention. It is regretful that the Montreal Convention did not attempt to clarify the concepts of accident in itself. In the light of an emerging tendency to hold the air carrier liable for occurrences that do not exactly go to the operation of the aircraft, it is desirable to regulate that the carrier is liable for an "event" instead of an "accident" in accordance with the Guatemala City protocol.

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A Study on the Establishment of Long-Distance Route Network of Full Service Carrier and Long-Distance LCC - Focused on Malaysia Airlines and AirAsia X (대형항공사와 장거리 LCC의 장거리 노선 네트워크 구축에 관한 연구 - 말레이시아 항공과 AirAsia X를 중심으로)

  • Choi, Doo-Won
    • Journal of Digital Convergence
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    • v.19 no.12
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    • pp.165-173
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    • 2021
  • The purpose of this study was to provide directions to help enter and expand long-distance routes by analyzing the characteristics of AirAsia X's network construction with Malaysia Airlines. To this end, long-distance route data was extracted from the OAG Schedule Analyzer and the network was analyzed on a two-period basis using SNA. Since AirAsia X's entry into long-range routes, Malaysia Airlines has steadily reduced its routes across the entire region. On the other hand, it is analyzed that AirAsia X is building an expanded network by increasing its network in Northeast Asia instead of ultra-long range routes. Studies have shown that LCCs also have potential growth in the long-distance route market of less than 7,000 km. The results of this study may help LCC establish a long-distance market entry and network deployment strategy.

A Comment on the Standard for International Jurisdiction to foreign-related cases by the employment contract and tort in Air crash (항공기사고에서 국제근로계약과 불법행위의 국 제재판관할권 판단기준)

  • Cho, Jeong-Hyeon;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.73-98
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    • 2016
  • This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.

Flight Measurement and Analysis of VOR Signal Influence from the Long Distance Surrounding Obstacles (원거리 장애물이 VOR에 미치는 영향의 비행측정 및 분석)

  • Park, Hyeong-Taek;Hwang, Byong-Won
    • Journal of Advanced Navigation Technology
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    • v.12 no.1
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    • pp.1-7
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    • 2008
  • International Civil Aviation Organization(ICAO) adopted VOR(Very high frequency Omni-Range) as an international standard air navigation system in 1949 and recommended every country to make use of it in formulating air route and guiding take-off and landing of an aircraft. VOR is quite a useful navigation system so that more than 2,000 VORs have been installed all over the world including 39 in Korea: however, VOR signal could be easily affected by its circumstance like a mountainous area because it provides navigation information through AM and FM of VHF carrier. Therefore this study intends to investigate how much VOR performance is affected by its circumstances. For this purpose, the performance of the 10 VORs influenced by 24 obstacles are measured and analyzed by using an aircraft equipped with measuring instruments. This study may give us a feasible solution of problems related to the VOR siting in the future.

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A study on the exemption of liability of air carriers (항공운송인의 손해배상책임 면제에 관한 법적 고찰)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.95-116
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    • 2015
  • Air transport agreement can be divided into air passenger contract of carriage and aviation also of the contract of carriage. And air carriers for damages greater (1) cause reason, of (2) limit reason, (3) exemption reason. Exemption reason for the extinction of the liability for damages in our Commercial Code, the Convention and domestic law are mixed. Convention on the Commercial Code and air transport, air transport people, if it is proved and that it has taken all the measures that are needed for the prevention of damage to overdue damage of passengers, liability is waived. So what was to achieve the requirements of all the actions that are reasonably necessary in any case is a problem. Amendment has the feature that the treaty for the International Air Transport reflect in accordance with the domestic situation, while being struck by international standards encompassing land, sea and air transport, even on the system. However, Commercial Code while mainly reflect the Montreal Convention governing air carrier's liability issues on the contract of carriage, a problem which the Convention had also began to occur together. So the problem due to accept the treaty to fit the domestic situation occurs. There is a need for analysis of all of the actions that are "reasonably necessary, which is defined in the Commercial Code. If there is no claim within Value Date rotor two years to air carriers on the court for the damage caused by air transport, the responsibility of air carriers disappear, sued the period of such two years, what kind of meaning on domestic law extension and stop to be whether it is interpreted, it should be determined to do their aggressive measures for the reasonable care and accident prevention.

Flight Measurement and Analysis for Signal Influence of CVOR and DVOR by It's Surrounding Obstacle Condition (CVOR과 DVOR의 장애물 영향 비행측정 및 비교 분석)

  • Park, Hyeong-Taek;Hwang, Byong-Won
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.32 no.11A
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    • pp.1206-1212
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    • 2007
  • International Civil Aviation Organization(ICAO) adopted VOR(Very high frequency Omni-Range) as an international standard air navigation system in 1949 and recommended every country to make use of it in formulating air route and guiding take-off and landing of an aircraft. VOR is quite a useful navigation system so that more than 2,000 VORs are currently installed all over the world including 39 in the Republic of Korea; however, VOR signal could be easily affected by its circumstance like a mountainous area because it provides navigation information to an aircraft through AM and FM of VHF carrier. There are two types of VOR which are defined according to a design methode. Therefore this study intends to investigate which type of VOR is suitable for mountainous area. For that purpose, the performance of each CVOR and DVOR is measured and analyzed by using an aircraft equipped with measuring instruments. The analyzed result will be applied and utilized in selecting the VOR type, so it could be a feasible solution of problem related to the VOR relocation due to its insufficient performance in the future.

Statistical Test for Performance Evaluation of Code Carrier Divergence Detection at a GBAS Reference Station (GBAS 기준국의 코드 반송파 발산 검출성능 평가를 위한 통계시험)

  • Yun, Young-Sun;Kim, Joo-Kyoung;Cho, Jeong-Ho;Heo, Moon-Beom;Nam, Gi-Wook
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.40 no.9
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    • pp.760-770
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    • 2012
  • In order to provide precision approach service based on GBAS, air navigation service providers should validate the GBAS system performance against international standard requirements and receive approval. The GBAS manufacturer should define integrity threat, analyze the integrity monitors and evaluate performance of the implemented monitors to verify integrity performance which is critical to the aircraft safety. This paper describes a statistical test result to evaluate performance of the code carrier divergence monitors implemented in KARI Integrity Monitor System software. The paper introduces analysis and test procedure which is developed for the performance evaluation and describes the analysis, the test scenario generation and the test results. The results show that the implemented monitors can detect the expected minimum detectable errors with satisfying the probability of missed detection requirements.

Forecasting Model of Air Passenger Demand Using System Dynamics (시스템다이내믹스를 이용한 항공여객 수요예측에 관한 연구)

  • Kim, Hyung-Ho;Jeon, Jun-woo;Yeo, Gi-Tae
    • Journal of Digital Convergence
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    • v.16 no.5
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    • pp.137-143
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    • 2018
  • Korea's air passenger traffic has been growing steadily. In this paper, we propose a forecasting model of air passenger demand to ascertain the growth trend of air passenger transportation performance in Korea. We conducted a simulation based on System Dynamics with the demand as a dependent variable, and international oil prices, GDP and exchange rates as exogenous variables. The accuracy of the model was verified using MAPE and $R^2$, and the proposed prediction model was verified as an accurate prediction model. As a result of the demand forecast, it is predicted that the air passenger demand in Korea will continue to grow, and the share of low cost carriers will increase sharply. The addition of the Korean transportation performance of foreign carriers in Korea and the transportation performance of Korean passengers due to the alliance of airlines will provide a more accurate forecast of passenger demand.

A Study on the Determination of Applicable law to Liability for the compensation of Damage in a plane accident (항공기사고 손해배상청구에 있어서 준거법의 결정에 관한 소고)

  • So, Jae-Seon
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.3-42
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    • 2010
  • This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

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Experimental study on the effects of stern bulb arrangement on the slamming load

  • Park, Jongyeol;Choi, Ju Hyuck;Lee, Hyun-ho;Rhee, Shin Hyung
    • International Journal of Naval Architecture and Ocean Engineering
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    • v.12 no.1
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    • pp.518-530
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    • 2020
  • The present study concerns the stern slamming load of container carriers, with stern bulb arrangement variation. First, a series of wedge drop tests were conducted using simple wedge models with fixed deadrise angles, and tests with the cross-section models of practical container carrier sterns were followed. The deadrise angle of the simple wedge ranged from 0° to 10°. The pressure measurement results of the simple wedge drop tests were distributed between empirical formula and analytic solution, so the experimental setup was validated. In the cases of practical hull cross-sections, the water entry of the bulb prior to that of the transom resulted in characteristic water film generation and delayed pressure peak appearance. The trapped air between the bulbs damped the pressure in the twin skeg hull case, reducing the pressure peak and causing the pressure oscillation during water entry.