• Proceedings of the Korea Committee for Ocean Resources and Engineering Conference
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• 2003.05a
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• pp.203-207
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• 2003

As the upending is one of the critical steps in the installation of offshore structure, datail procedure of upending operation is studied in the paper. For larger offshore structure installation, launching method is often applied. However after launching, the upending process is to be followed. To ensure successful upending operation, datail process is analysed considering various factors affecting on the operation including reserved buoyancy, free flotation position, seabed clearance, ballast and hook load. To investigate the influence of each factor on the procedure, twelve numerical jacket models with various dimensions are simulated and studied. From the study, it is revealed that the increase of buoyance and decrease of self weight generate a large seabed clearance. The law seabed clearance during flooding creates higher hook load and height. The paper also introduces a guideline for the related structure design and construction with the effects of contribution factors in the upending operation.

• Archives of design research
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• v.18 no.2 s.60
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• pp.315-324
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• 2005

This research aims to investigate evaluation framework of environmental formative works that are regulated by law in urban space, and to suggest the directions of improving the framework for better city environments. The concept of environmental formative works in urban space was identified and social situations and factors including visitors and the cognitive process of urban environments, were analyzed. This research suggests a new method based on the analysis of existing regulations and problems of environmental art or formative works. The public regulations and evaluation methods of the Korean major cities including Seoul, Daejeon, Busan and Gwangju, were examined on environmental formative works. The objective was to suggest an evaluation framework for creating human values of urban culture environment instead of focusing on the matters between the owner of the architecture and the artist of formative works. By identifying socio-cultural value of art decoration related regulations and improving the level of the public formative art evaluation scheme, this study helps addressing the administrative problems and constructing a conceptual framework of evaluation to improve urban culture environment for both human and environment.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.311-336
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• 2015

This article surveys the current international law with respect to RPAS from both the public air law and private air law perspectives. It then reviews current and proposed Australian domestic RPAS regulation while emphasizing the peculiar risks in operation of RPAS; and how they affect concepts of liability, safety and privacy. While RPAS operations still constitute only a small portion of total operations within commercial aviation, international pilotless flight for commercial air transport remains a future reality. As the industry is developing so quickly the earlier the pursuit of the right policy solutions begins, the better the law will be able to cope with the technological realities when the inevitable risks manifest in accidents. The paper acknowledges that a domestic or regional approach to RPAS, typified by the legislative success of the Australian experience, is and continues to be the principal measure to deal with RPAS issues globally. Furthermore, safety remains the foremost factor in present and revised Australian RPAS regulation. This has an analogue to the international situation. Creating safety-related rules is imperative and must precede the creation or adoption of liability rules because the former mitigates the risk of accidents which trigger the application of the latter. The flipside of a lack of binding airworthiness standards for RPAS operators is potentially a strong argument that the liability regime (and particularly strict liability of operators) is unfair and unsuited to pilotless flight. The potential solutions the authors raise include the need for revised ICAO guidance and, in particular, SARPs with respect to RPAS air safety, airworthiness, and potentially liability issues for participants/passengers, and those on the ground. Such guidance could then be adapted swiftly for appropriate incorporation into domestic laws bypassing the need for or administrative burden and time it would take to activate the treaty process to deal with an arm of aviation that states know all too well is in need of safety regulation and monitoring.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.91-110
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• 2003

Aeronautical Information Service means a service established within the defined area of coverage responsible for the provision of aeronautical information/data necessary for the safety, regularity and efficiency of air navigation. Especially, in consequence of RNAV envelopment, the role and importance of aeronautical information/data has been increased constantly, therefore advanced RNP and navigation systems has been highly required simultaneously. International Civil Aviation Organization establishes SARPs to maintain aviation safety for every contracting states. Therefore, every contracting states should make an application of the aviation information and data in accordance with ICAO's SARPs, but each state is actually applied with each other regulations considered with each state's circumstance. At the result of these reason, it sometimes makes confuse to aircraft operator and effects significant aviation safety. The purpose of this study is to investigate SARPs of Annexes and rules of FAA relevant to Aeronautical Information Service(AIS), to compare them with Korean Aviation law and regulations related to AIS and then, to provide information for planing and decision-making to enhance them into the international standards.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.111-132
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• 2003

The air transport industry is the most important as means of human exchange between the countries. Because the spread effect and the durability by aviation cooperation between the countries are much higher than any other industry, a research about air transport industry is very important to allied industry field as well as national policy about International cooperation and integration. Specially, according to the economic interchange with North Korea becomes active, the role of air transport as related traffic network with North Korea becomes more important. The number of flights is increasing sharply after South-North summit meeting, and two sides established and are using temporary direct route between South-North Korea. When we consider that the number of flights utilizing temporary direct route is increasing every year, It is not desirable to use temporary routes continuously because the current agreement between South and North cant be reliable far the case of unexpected circumstance. In addition, the current agreement is not based on the international standards. The paper is to study the condition to promote the coordination of civil aviation in the whole Korean peninsula. As known, the aviation system in North Korea is mainly operated by military unit. The study will review the current status of air transport system of South and North and the effective way of cooperation of civil aviation between both sides. The cooperation between governments as well as between airlines is studied. The establishment of Air Traffic Service Agreement is going to be handled heavily because the stable air traffic service is the most required base for the operation of air transport. The authors also try to find a way to support the development of infrastructure of aviation industry in North Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.101-124
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• 2011

Since 1961, Aviation Act has regulated all aspects related to air transport business, aviation safety and airport. However, we are to face the new challenges that have to support air transport business more efficiently and air transportation services to the people effectively in condition of the globally competitive air transport industry. In this sense, the government proposed to devide "Aviation Act" into 'Air Transport Business Act', 'Aviation Safety Act', 'Airport Facility Act' in a timely manner. At first I am to take a look about the laws of traffic-related legislation and national laws of Japanese aviation system, and to evaluate implications. In addition, the background, the organization and the main information of the Act (Draft) will be introduced. And I would like to discuss the issues raised and suggest an alternative. In particular, the name of the Act (Draft), the specifying of airport manager operater, accounting method of airport development projects belong to the nation, the delegation of the authority and other issues are discussed to provide a starting point. In conclusion, the division of current "Aviation Act" is considered absolutely necessary. To stimulate fair competition, safety regulations and efficiency, the legislation process would be desirable in the direction of the total development of the aviation industry as well as ensuring aviation safety.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.137-168
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• 2020

Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.189-217
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• 2017

Declaration of Air Defense and Identification Zones started with the United States in 1950, which was followed by declaration of KADIZ by the Republic of Korea in 1951. Initial ADIZ were solely linked with air defense missions, but their roles have changed as nations around the globe manifested a tendency to expand their influence over maritime resources and rights. In particular, China declared ADIZ over the East China Sea in October 2013 and forced all passing aircraft to submit flight plan to ATC or military authority, saying failure of submission will be followed by armed engagement. China announced it would declare another zone over the South China Sea despite the ongoing conflict in the area, clearly showing ADIZ's direct connection with territorial claim and EEZ and that it serves as a zone within which a nation can execute its rights. The expanded KADIZ, which was expanded in Dec 15, 2013 in response to Chinese actions, overlaps with the Chinese ADIZ over the East China Sea and the Japanese ADIZ. The overlapping zone is an airspace over waters where not only the Republic of Korea but also of China and Japan argue to be covering their continental shelf and EEZ. Military conventions were signed to prevent contingencies among the neighboring nations while conducting identifications in KADIZ, including the overlapping zone. If such military conventions and practice of air defense identification continue to be respected among states, it is under the process of turning into a regional customary law, although ADIZ is not yet recognized by international law or customary law. Moreover, identification within ADIZ is carried out by military authorities of states, and misguided customary procedures may cause serious negative consequences for national security since it may negatively impact neighboring countries in marking the maritime border, which calls for formulation of operation rules that account for other state activities and military talks among regional stake holders. Legal frameworks need to be in place to guarantee freedom of flights over international seas which UN Maritime Law protects, and laws regarding military aircraft operation need to be supplemented to not make it a requirement to submit flight plan if the aircraft does not invade sovereign airspace. Organizational instructions that require approval of Chairman of Joint Chiefs of Staff for entrance and exit of ADIZ for military aircraft need to be amended to change the authority to Minister of National Defense or be promoted to a law to be applicable for commercial aircraft. Moreover, in regards to operation and management of ADIZ, transfer of authority should be prohibited to account for its evolution into a regional customary law in South East Asia. In particular, since ADIZ is set over EEZ, military conventions that yield authority related to national security should never be condoned. Among Korea, China, Japan and Russia, there are military conventions that discuss operation and management of ADIZ in place or under negotiation, meaning that ADIZ is becoming a regional customary law in North East Asia region.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.3-37
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• 2020

The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.3-32
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• 2020

With controlling Drones, although it was discussed in the previous study which showed a possibility. Which is personality and property rights of third parties could be violated while operating the drone with a video camera. But It's hard to find out precedents related to drones in Korea. In case of that someone try to control the drone which is equipped with a camera in a yard of neighborhood, the German District Court (Potsdam) considered an operator of drone has little bit of careless to do his duty and admit nonfeasance claim in the owner of the one's property for prevention to repetition of similar situation according to a nonfeasance claim for prevention to Section 1004 (1) sentence 2 of the German Civil Code(BGB). The drone which is equipped with a camera have possibilities to disrupt property and personal rights of the owner. Because a danger in repetition is getting larger regarding the violation of law. Moreover, there is a case that someone shot down the drone which is equipped with a camer. Because it has a risk to interrupt private life and cause some dangerous in our life. The German district court(Riesa) recently have considered that controlling the drone with a camera in private spaces is illegal as a violation of personal life. In addtion to, the action of property owner shot down drone is a legal according to § 228 of the German Civil Code(BGB) which is caleed "Necessity". Although it is difficult to apply to foreign cases directly to Korea, similar cases are likely to be occurred in Korea. The decision of the German District Court showed implications to Korea. As demand for the camera-equipped drone increases in Korea, it is time to discuss specific measures for drone violations.