• Title/Summary/Keyword: Revision of Aviation Security law

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Abolition of restrictions and research on precondition for nominating drone photographing free area (규제혁파, 드론 촬영 자유구역 지정을 위한 선결조건 연구)

  • Seok, Geum-Chan;Park, Gye-Soo;Nam, Soung-Ho;Kim, Young-Ki
    • Journal of the Korea Convergence Society
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    • v.11 no.5
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    • pp.209-217
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    • 2020
  • The background of the research is the following. With the prosperity of drone industry, the government has been actively promoting measures to nominate 'drone photographing free areas'. However, existing laws, and procedures are rather unclear with related environmental factors in discordance with one another. Hence, voices in need for establishing a clear precondition for nominating drone photography free area have been rising. The purpose of the research is to provide measures for the preconditions to establish photography free areas for convenient drone photographing. The research utilizes literary methods, conducting focus group interviews to coordinate with specialists who can participate and discuss so that they can provide improvement measures. The research renders improvement measures in different sectors including 2x items in aviation security law, 8x items in free area nomination and procedure, 4x items in infrastructure establishment and information management area. The expected effects are the following: by attaching drone photography with aviation security law, nominating photography free area can be linked up with the Ministry of Land Infrastructure and Technology. Secondly, by enlarging photography restricted area to upper mid-air, a three dimensional drone security will be possible. Thirdly, by providing a 'Yongin area standard model', free area nomination will become more easy. Future research will focus on enhancing aviation security law regarding drone photographing. In addition, the promotion to nominate free areas for 33x responsible areas in accordance with the National Intelligence service will be required.

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.

A Study on Aviation Security System on Airport (국제민간항공협약의 표준과 관행을 고려한 공항보안체계의 문제점고찰)

  • Yoo, Kwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.165-182
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    • 2004
  • According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. It is generally recognized that the three major parties responsible for the aviation security at an airport are appropriate government departments, airport operator and airlines. The airlines are the beneficiaries of security activities as well as the provider of security activities. So, their responsibilities have been critical in protecting civil aviation from unlawful interferences. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. The government has the responsibilities not only for establishing regulatory system but also for oversighting the implementation of aviation security activities. The paper is to review the revision of aviation security regulation and the changes of aviation security responsibilities, and costs and task assignment in Republic of Korea after September 11 event. The responsibilities, tasks and costs assigned to airlines, airport operators and government are introduced and evaluated in terms of economic fairness, effectiveness and efficiency of aviation security activities. The drawbacks of new legal system are pointed out and the suggestions to remedy them are proposed as conclusions.

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Study on Legal Position of Aviation Security Subject in Aviation Safety and Security (공항보안요원의 법적 지위에 관한 연구)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.157-179
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    • 2006
  • According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. So Republic of Korea Government enact the Law, Aviation Safety and Security. The Purpose of this Act is to prevent any unlawful act in airport facilities with international conventions, including the ICAO to provide for standards, procedures and mandatory matters needed to ensure the safety and security of civil aviation. But the Act has some error. So is this paper to review the revision of aviation security regulation and the changes of aviation security responsibilities and task assignment. There is the term "aviation security personnel", who are charged with the task of preventing any act of disrupting the order and safety in airport. But there is no term "security screening personnel" who performs to detect or search for dangerous object, such as weapons or explosives, which may be used for the unlawful obstruction.

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A Study on the Revision of the Notification Form and Procedures of Marine Incident (준해양사고 통보서식 및 절차 개정에 관한 연구)

  • Kang, Suk-Young
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.1
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    • pp.39-46
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    • 2020
  • Accident prevention is more important than follow-up, which is based on Heinrich's law. The marine incident system is a very meaningful system that can prevent similar accidents, and was introduced in 2010 in Korea in accordance with the enforcement of the Code for the Investigation of Marine Casualties and Incidents (CI Code). Based on the CI Code, ship owners or ship operators are required to notify the Central Chief Inspector using the designated notification form in the event of a marine incident, but the number of voluntary notifications is still small. In this regard, this study intends to provide a direction for improvement by conducting an in-depth analysis focusing on the lack of notification procedures and forms of the marine incident system. To this end, we analyzed related regulations, cases of excellent overseas shipping countries such as the United Kingdom and Singapore, cases of similar domestic transportation systems such as aviation and railways, and marine incident notification procedures and forms of leading shipping companies. Major improvements in the notification process include the transition of the marine incidents to voluntary reporting, the expansion of the reporting subjects, and the identification of the security of the informer's identity. The main contents of the notification form revision include the use of the term "reporting" instead of "notification," the content of the identity guarantee in the notification form, and the increase in statistical value through the expansion of optional entries.