• Journal of Advanced Navigation Technology
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• v.25 no.1
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• pp.78-83
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• 2021

Due to rapidly increasing air traffic congestion and airspace restrictions, the International Civil Aviation Organization (ICAO) is urging all aircraft to use SBAS by 2025, in order to implement Performance-based navigation to increase airspace capacity. In line with this, research and development of Korean-style SBAS, which reflects the characteristics of Korea's airspace environment, continues in Korea. Since there is no flight inspection procedure for performance testing and verification of SBAS in Korea yet, this paper analyzes FAA, ICAO Regulations, and laws enacted by the Ministry of Land, Infrastructure and Transport to derive essential evaluations and parameters of Korean SBAS, and presents the optimal design using RTK-DGPS as a position fixing system.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.50 no.9
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• pp.647-655
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• 2022

The Russian government is expanding strategic cooperation with foreign countries, including production partnerships, in order to secure civil aircraft manufacturing technology and advanced materials, with the aim of becoming the world's third-largest civil aircraft producer. In addition, the Russian government supports the development of the aircraft manufacturing industry and reorganizes the aircraft certification organization to pursue systematic aviation safety and make great efforts in international cooperation and certification activities for the export of aviation products. Establishing a cooperative system for safety and certification of civil aircraft between countries requires a process of mutual understanding and trust in the overall certification system. Therefore in this study, we wanted to analyze Russia's aircraft certification organization, law system, certification procedures to help Russia understand its aircraft certification system.

• Journal of Environmental Science International
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• v.31 no.12
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• pp.1069-1078
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• 2022

This study investigated the weather conditions, fine particle concentration, and ion components in PM_2.5 when two cold fronts passed through Busan in succession on February 1 and 2, 2021. A analysis of the surface weather chart, AWS, and backward trajectory revealed that the first cold front passed through the Busan at 0900 LST on February 1, 2021, with the second cold front arriving at 0100 LST on February 2, 2021. According to the PM₁₀ concentration of the KMA, the timing of the cold front passage had a close relationship with the occurrence of the highest concentration of fine particles. The transport time of the cold front from Baengnyeongdo to Mt. Gudeok was approximately 11 hours . The PM₁₀ and PM_2.5 concentrations in Busan started to increase after the first cold front had passed, and the maximum concentration occurred two hours after the second cold front passed. The SO₄^2-, NO₃^-, and NH₄⁺ concentration in PM_2.5 started to increase from 1100 to 1200 LST on February 1, after the first cold front passed, and peaked at 0100 LST to 0300 LST on February 2. However, the highest Ca²⁺ concentration was recorded 2-3 hours after the second cold front had passed.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.337-371
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• 2015

In recent years, aviation safety has been facing new hazards due to the rapidly changing environment in which aircraft operation increasingly finds. Continuously increasing air traffic volume, integration of various cultures from many States, and many other changes are the causal factors of the new risks. To identify such new hazards and risks, the government of the Republic of Korea (ROK) established aviation safety reporting systems in accordance with the international standards of the Convention on International Civil Aviation. However, there are some misunderstandings by the government in operating and by the personnel who take part in these reporting systems. Everybody should understand that aviation safety reporting system is not a punitive measure but a tool for collecting data in order to improve safety. In addition, such a system can be utilized further to promote an improved awareness on the need for a proper safety culture on the part of both the government, the industry and the personnel. This paper includes studies on international standards, relevant regulations in the United States and the United Kingdom. Moreover, this paper proposes to the government of ROK several points to improve their own system, including integration of the existing reporting systems, improvement of reporting items, implementation of safety data taxonomy and the establishment of safety data protection.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.3-40
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• 2020

The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

• Journal of Environmental Science International
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• v.11 no.5
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• pp.419-436
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• 2002

The current paper reports on the enhancement of O$_3$, CO, NO$_2$, and aerosols during the Asian dust event that occurred over Korea on 1 May 1999. To confirm the origin and net flux of the O$_3$, CO, NO$_2$, and aerosols, the meteorological parameters of the weather conditions were investigated using Mesoscale Meteorological Model 5(MM5) and the TOMS total ozone and aerosol index, the back trajectory was identified using the Hybrid Single-Particle Lagrangian Integrated Trajectory Model(HYSPLIT), and the ozone and ozone precursor concentrations were determined using the Urban Ashed Model(UAM). In the presence of sufficiently large concentrations of NO$\sub$x/, the oxidation of CO led to O$_3$ formation with OH, HO$_2$, NO, and NO$_2$ acting as catalysts. The sudden enhancement of O$_3$, CO, NO$_2$ and aerosols was also found to be associated with a deepening cut-off low connected with a surface cyclone and surface anticyclone located to the south of Korea during the Asian dust event. The wave pattern of the upper trough/cut-off low and total ozone level remained stationary when they came into contact with a surface cyclone during the Asian dust event. A typical example of a stratosphere-troposphere exchange(STE) of ozone was demonstrated by tropopause folding due to the jet stream. As such, the secondary maxima of ozone above 80 ppbv that occurred at night in Busan, Korea on 1 May 2001 were considered to result from vertical mixing and advection from a free troposphere-boundary layer exchange in connection with an STE in the upper troposphere. Whereas the sudden enhancement of ozone above 100 ppbv during the day was explained by the catalytic reaction of ozone precursors and transport of ozone from a slow-moving anticyclone area that included a high level of ozone and its precursors coming from China to the south of Korea. The aerosols identified in the free troposphere over Busan, Korea on 1 May 1999 originated from the Taklamakan and Gobi deserts across the Yellow River. In particular, the 1000m profile indicated that the source of the air parcels was from an anticyclone located to the south of Korea. The net flux due to the first invasion of ozone between 0000 LST and 0600 LST on 1 May 1999 agreed with the observed ground-based background concentration of ozone. From 0600 LST to 1200 LST, the net flux of the second invasion of ozone was twice as much as the day before. In this case, a change in the horizontal wind direction may have been responsible for the ozone increase.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.3-54
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• 2013

Nowadays, major advanced countries in aviation technology are putting their effort to develop commercial and civil Unmanned Aircraft System(UAS) due to its highly promising market demand in the future. The market scale of commercial and civil UAS is expected to increase up to approximately 8.8 billon U.S. dollars by the year 2020. The usage of commercial and civil UAS covers various areas such as remote sensing, relaying communications, pollution monitoring, fire detection, aerial reconnaissance and photography, coastline monitoring, traffic monitoring and control, disaster control, search and rescue, etc. With the introduction of UAS, changes need to be made on current Air Traffic Management Systems which are focused mainly manned aircrafts to support the operation of UAS. Accordingly, the legislation for the UAS operation should be followed. Currently, ICAO's Unmanned Aircraft System Study Group(UASSG) is leading the standardization process of legislation for UAS operation internationally. However, some advanced countries such as United States, United Kingdom, Australia have adopted its own legislation. Among these countries, United States is most forth going with President Obama signing a bill to integrate UAS into U.S. national airspace by 2015. In case of Korea, legislation for the unmanned aircraft system is just in the beginning stage. There are no regulations regarding the operation of unmanned aircraft in Korea's domestic aviation law except some clauses regarding definition and permission of the unmanned aircraft flight. However, the unmanned aircrafts are currently being used in military and under development for commercial use. In addition, the Ministry of Land, Infrastructure and Transport has a ambitious plan to develop commercial and civil UAS as Korea's most competitive area in aircraft production and export. Thus, Korea is in need of the legislation for the UAS operation domestically. In this regards, I personally think that Korea's domestic legislation for UAS operation will be enacted focusing on following 12 areas : (1)use of airspace, (2)licenses of personnel, (3)certification of airworthiness, (4)definition, (5)classification, (6)equipments and documents, (7)communication, (8)rules of air, (9)training, (10)security, (11)insurance, (12)others. Im parallel with enacting domestic legislation, korea should contribute to the development of international standards for UAS operation by actively participating ICAO's UASSG.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.103-125
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• 2020

This paper reviews the EU Case, Claudia Wegener v. Royal Air Maroc SA [2018] ECLI:EU:C:2018:361, Case C-537/17. It analyzes some issues as to Wegener case by examining EU Regulations and practical point of views. Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, entitled scope, provides: "this Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier." ECJ held that must be interpreted as meaning that Regulation (EC) No 261/2004 applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft. According to the Court, it is apparent from the regulation and case-law that when, as in the present case, two (or more) flights are booked as a single unit, those flights constitute a whole for the purposes of the right to compensation for passengers. Those flights must therefore be considered as one and the same connecting flight.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.147-174
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• 2018

The air transportation industry is a field where control and interference of the state are generalized compared to other industries. However, the premise for national intervention in the air transportation industry is the determination of the nationality of the aircraft or airline company concerned. This is because it is necessary to clarify the distinction between the domestic and foreign carriers so that they can exercise airspace sovereignty. The purpose of this paper is to compare the current status and contents of Korean law and regulations on the determination of nationality with the foreign legal system. To this end, the starting point of the discussion is to look at the history of nationality restrictions on the US air transport industry and the issues that arise in the content and operation of the system today. In addition, this paper examined the provisions of the Japanese aviation law, which is very similar to that of Korea, and then compared the current legal provisions of the United States, Japan and Korea. As a conclusion, this paper sought the direction of revision of the Korean law on the basis of the foreign status of the restriction of nationality in the air transportation industry. Compared with our law, the US and Japan are generally regarded to be more concerned with the contents of their own airline companies than those of foreigners or non-citizen. In spite of the fact that there are many laws and regulations in the United States regarding the de facto dominance of domestic airline companies by foreigners, there have been a lot of controversies in this matter. By the way, Japan has been stipulating regulations on holding companies and affiliated companies. In the global era, it would be meaningful to check the status of the nationality restrictions in the aviation industry, which is based on internationality. I hope that this study will be able to build a legal institutional basis for Korea's aviation industry development from a reasonable protectionist point of view rather than a narrow nationalism in a rapidly changing era.

• 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.