• Title/Summary/Keyword: Space related Korean law

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A Study on the Status of Market, Technology and Legal System of the UAV and its Useful Policies (무인항공기 시장·기술·법제도 실태분석 및 정책적 대응방안 연구)

  • Park, Cheol-Soon
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.373-401
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    • 2015
  • The UAV(Unmanned Aerial Vehicle, Drone) technology has been undergoing rapid progress, accompanied with a growth in the market. However, domestic industry standards and technology lag behind such progress happening on the international scene, and in particular in developed countries. Related regulations are also deemed lacking to address the issues that arise with such developments. Meanwhile, as the rise of UAV technology is a fairly recent phenomenon, the gap between Korea and developed countries is not too big. As this technology has high relevance to information and communication technologies, it also offers ample leeway for Korea to catch up in the field of UAV. As such, this paper seeks to provide a survey of the overall technology, market and regulations concerning UAV to identify possible measures on how to address any issues that may arise through proper policies. Due to the progress made in the field of UAV technology and increased penetration rate, striking a right balance between putting in place a proper regulatory system and establishing policies that foster growth in the field has risen as a very important issue. While the importance of establishing a legal system that helps prevent possible risks is indeed important, it must also be acknowledged that excessive regulation can also hinder technological progress. This, in turn would stagnate the market and dampen the entrepreneurial spirit in the society. In the case of new, practical technologies such as UAV, a prompt establishment of regulatory systems and policy measures in terms of policies is a requisite. In brief, in order to promote progress in the UAV industry and at the same time, for public safety and the protection of privacy, there should be an appropriate level on the easing and tightening of the regulation.

Analysis of Institutional Limitations on Evacuation of Urban Railway Station Facilities and Guidelines (도시철도역 시설의 피난에 대한 제도적 한계점 분석과 가이드라인)

  • Yekyeong Shin;Okkyung Yuh
    • Journal of Korean Society of Disaster and Security
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    • v.15 no.4
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    • pp.1-9
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    • 2022
  • This study analyzes the institutional status related to 'evacuation' and 'firefighting' in underground subway stations, derives institutional limitations for 'evacuation' in underground subway stations, and proposes guidelines in terms of architectural space based on this. As a result of the study, the following points were derived. First, since similar standards are separately enacted in individual laws and it is difficult to grasp the standards and they are dualized, it is necessary to standardize and regulate the space where users stay according to the movement of urban railway users, limited to urban railways. Second, in order to use trains, a special procedure called 'ticketing' must be considered, and regulations on evacuation safety zones and evacuation stairs between the waiting room and the platform are required. Finally, if there is a platform at a depth of more than 30m underground, it is necessary to install an evacuation floor in accordance with standards similar to the current building law.

A Study on the Legal and Systemic Aspect of Aviation Accident Investigation Organization -Focusing on the Improvement Method- (항공사고조사기구(航空事故調査機構)에 관한 법적(法的) 제도적(制度的) 고찰(考察) -개선방안(改善方案)을 중심(中心)으로-)

  • Yoo, Kyung-In;Kim, Maeng-Sern
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.109-139
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    • 2004
  • The first successful sustained powered flight by Wright Brothers was further extended to the rapid development of aviation technology, that led to transpacific flights, the invention of supersonic planes, and enabled hundreds of people to travel in the space, in addition to the fact that around 10 people had stepped on the moon, all of which were made possible within the very same century. However, on the back side of this most wondrous human technology, the vulnerableness to the aviation accident has been constantly accompanied with, right from the very beginning stage of the aircraft development. Moreover, the development of future aircraft is being focused on the aircraft performance, the increment of the number of passengers aboard and also its speed. In proportion to these phenomena of mega sizing the aircraft, the development of new technology and the increment of air traffic volume, the number of aviation accident is expected to augment, resulting in the enormous loss of human lives and properties. In order to prevent the disastrous aviation accident as such, it is essential to conduct the accident investigation in a specialized, systematic and scientific manner. In search for the method to attain the effective function of the aviation accident investigation organization, in this study, issues were examined as follows: The full-time Board Members and the establishment of an integrated investigation agency, The systematized security of status as an accident investigator, Inclusion of a human factors specialist in the investigator group organization, liability limit of an accident investigator Stipulation of the definition and the investigation scope of an accident and serious incident, along with the main body of conducting the investigation into the accident involving both civil and public aircraft, in the regulations related to the accident investigation.

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Article 61bis of the Aviation Business Act and the Legal Principles for the Aviation Consumers Protection - Comparison with the U.S. "Tarmac Delay Rule" - (항공사업법 제61조의2 신설과 항공소비자 보호 법리 -미국의 "Tarmac delay rule"과 비교를 중심으로-)

  • Baek, Kyeong-Won;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.169-195
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    • 2020
  • With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

A Review on the Air Carrier's Liability for the Cargo under the Montreal Convention and the Commercial Law through the Recent Supreme Court's Case (최근 판례를 통해 본 몬트리올 협약과 상법상 항공운송인의 책임 - 대법원 2016. 3. 24. 선고 2013다81514판결 -)

  • Kim, Kwang-Rok
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.33-66
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    • 2017
  • The Korean government enacted the Chapter 6 as of Air Transportation to the Korean Commercial Act, which was enforced in 2011, in order to treat some arguments occurred from air transportation Contracts since air transportations has rapidly increased in Korea. Air transportations has been used more in the field of international market than in the field of domestic market under it's own characteristic. Therefore, many international agreements and protocols related to the air transportations has been appeared from old times and the 1999 Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal Convention") is one of them. The Montreal Convention was adopted in May 28, 1999 at International Conference of Air Law hosted by the International Civil Aviation Organization ("ICAO") in Montreal, Canada where the Headquarter of ICAO is located. The Montreal Convention has been effected from September 5, 2003 and the Korean government ratified the convention in 2007. Therefore, the Montreal Convention came in to force in Korea since 2007. This year, 2017, is the 10th anniversary year since the Montreal Convention has taken effect in Korea. However, there are rare cases that argued the Montreal Convention's scope of application and this Article examines the Korean Supreme Court's case that argued the Convention's scope of application. Thus the Article basically analyzes the case from the perspective of the Montreal Convention's scope of application and examines the Montreal Convention's articles related to the air carrier's liability and extent of compensation for damage that occurred from the international carriage by air. Also this Article analyzes the Korean Commercial Act Chapter 6, which regulated the air carrier's liability and the Article tries to make a comparison between the Montreal Convention and the Korean Commercial Act in order to draw some scheme for the betterment of Korean Commercial Act. It is the hope that the Article contribute to the improvement of Korean Commercial Act through the comparison with the chance of the 10th Anniversary of the Montreal Convention in Korea.

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Aviation Safety Regulation and ICAO's Response to Emerging Issues (항공안전규제와 새로운 이슈에 대한 ICAO의 대응)

  • Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.207-244
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    • 2015
  • Aviation safety is the stage in which the risk of harm to persons or of property damage is reduced to, and maintained at or below, an acceptable level through a continuing process of hazard identification and risk management. Many accidents and incidents have been taking place since 2014, while there had been relatively safer skies before 2014. International civil aviation community has been exerting great efforts to deal with these emerging issues, thus enhancing and ensuring safety throughout the world over the years. The Preamble of the Chicago Convention emphasizes safety and order of international air transport, and so many Articles in the Convention are related to the safety. Furthermore, most of the Annexes to the Convention are International Standards and Recommended Practices pertaining to the safety. In particular, Annex 19, which was promulgated in Nov. 2013, dealing with safety management system. ICAO, as law-making body, has Air Navigation Commission, Council, Assembly to deliberate and make decisions regarding safety issues. It is also implementing USOAP and USAP to supervise safety functions of member States. After MH 370 disappeared in 2014, ICAO is developing Global Tracking System whereby there should be no loophole in tracking the location of aircraft anywhere in world with the information provided by many stakeholders concerned. MH 17 accident drove ICAO to install web-based repository where information relating to the operation in conflict zones is provided and shared. In addition, ICAO has been initiating various solutions to emerging issues such as ebola outbreak and operation under extreme meteorological conditions. Considering the necessity of protection and sharing of safety data and information to enhance safety level, ICAO is now suggesting enhanced provisions to do so, and getting feedback from member States. It has been observed that ICAO has been approaching issues towards problem-solving from four different dimensions. First regarding time, it analyses past experiences and best practices, and make solutions in short, mid and long terms. Second, from space perspective, ICAO covers States, region and the world as a whole. Third, regarding stakeholders it consults with and hear from as many entities as it could, including airlines, airports, community, consumers, manufacturers, air traffic control centers, air navigation service providers, industry and insurers. Last not but least, in terms of regulatory changes, it identifies best practices, guidance materials and provisions which could become standards and recommended practices.

A Study on the Change of the Apartment Unit Plan in National Housing - Focused on Institutional and Social Changes - (국민주택(전용 85 m2 이하) 아파트평면의 변화에 대한 연구 - 제도적 변화와 사회적 변화를 중심으로 -)

  • Choi, Kwon-Jong;Jihn, Jung
    • Journal of the Korean housing association
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    • v.26 no.5
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    • pp.123-131
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    • 2015
  • The purpose of this study is to suggest an optimum guide line of the unit plan design in national housing (less than $85m^2$ of exclusive floor area in a dwelling unit). The unit plan of apartment have been improved diversely for the residents, and the family members per household have been decreased for decades comparing with the past. In contrast, the living space per household has been increased steadily, it is because of the improvement of the living standard. The unit plan have been improved from 2-bay corridor access type and 2~3 and 4-bay staircase type. In december 2005, the balcony was permitted to be used as exclusive living area without the increase of the original living area by law. So the apartment residents have been able to use more spacious area exclusively in a dwelling unit. On the other hand, the legalization on permitting balcony area into a exclusive area resulted in a distorted wide and enlarged plan only for the business profit improvement lately. The living environment has been changed differently unlike at the time of the legislation of the national housing. The family member per household has been decreased and the related law and the institution has also been changed. Moreover It has passed 40 years since the legislation of national housing ($85m^2$). So, The size of national housing should be reviewed according to the current trend in terms of the decrease of household and the utilization of balcony area.

Study of the Introduction on the Aviation Safety Data Protection System (항공안전데이터 보호제도 도입 방안 연구)

  • Kim, Eun-jung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.81-120
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    • 2018
  • To promote the aviation safety reporting system that is operated to enhance aviation safety and to utilize related information, it should first be preceded by standards for non-punishment and data protection. It is because the purpose of collection and analysis of aviation safety related data through the aviation safety reporting system is to prevent recurrence of accidents by investigating their causes through collection and analysis of diverse types of information related to aviation safety. Both mandatory and voluntary reporting systems are in operation for aviation safety under the current Aviation Safety Act. It is said that they were introduced to survey causes for accidents and to prevent recurrences. In fact, however, it is hard to expect active implementation of the reporting system for aviation safety unless the reporters are firstly exempted from punishment. Therefore, the system should be improved so that it can satisfy its purpose and the purposes of data collection concerning aviation safety through examination of the purposes of the reporting system. One of the matters that needs to be considered to promote the reporting system should be the scope of aviation safety hindrances presupposed under the current institution. The voluntary aviation safety reporting system differs from the systems of ICAO or the key advanced countries, including the USA and the UK as it limits the target accidents subject to reporting to minor aviation safety hindrances only. That being said, improvements should be made by requiring mandatory reporting of aviation safety hindrances based on their severity while recognizing a greater variety of aviation safety concerns like international standards. Safety actions and sharing of information based on collection and analysis of diverse data related to aviation safety will greatly contribute to enhance aviation safety as the purposes of the reporting system are to explore causes for accidents and to prevent their recurrences. What is most important in this regard is strict data protection and non-punishment principles; compliance with them should be secured. We can hardly expect the successful operation of the system unless the reporter is exempted from punishment and the relevant data is protected as promotion of voluntary reporting is an essential factor for enhancing the safety culture. Otherwise, the current system may induce hiding of relevant facts or data to evade punishment. It is true that the regulation for enhancing safety tends to have limitations or blind spots; nevertheless, it should still be enforced strictly and completely. Technological progresses and mistakes of operators appear in different forms based on individual cases. The consequential damages may amount to a truly severe level. Therefore, we have studied and suggested to the methods of activiation and amendments on the aviation safety reporting system, which is referred for one of the proactive safety management systems. The proposed improvement of the reporting system and introduction of non-punishment for collection of aviation safety data for deploying a preemptive prevention system would serve as the backbone for enhancing aviation safety in Korea.

Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects (최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로-)

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.53-75
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    • 1993
  • This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

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A Research on Improvement Measures for Safety Management of Aviation Cosmic Radiation (항공부문 우주방사선의 안전관리 적용을 위한 개선연구)

  • Choi, Sung-Ho;Lee, Jin;Kim, Hyo-Joong
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.215-236
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    • 2016
  • This paper is related to a study on safety management of cosmic radiation in the aviation area, and as a comprehensive study encompassing not only aviation crew but also aviation traffic users, presents issues on an exposure to the cosmic radiation which authors predict may be intensified in a time to come. Although the government of the Republic of Korea has recently activated regulations related to the cosmic radiation, the following improvement measures are further urged to be carried out not only as a regulatory improvement for pushing ahead with effectiveness but also as a supplementary tool. Firstly, a dose limit corresponding to the international standard needs to be applied. Since the dose limit imposed by the Korean government is improperly higher than the international dose limit of the cosmic radiation, the present dose limit needs to be re-established in a range of "not exceeding the international recommendation". Secondly, a new methodology is needed such that aviation companies observe a yearly effective dose limit of passengers. A fact that only aviation crew is specified but passengers are excluded in the related regulation is based on a recommendation presented by the International Commission on Radiological Protection (ICRP). According to the recommendation, Korean government excluded passengers in the "Cosmic Radiation Safety Requirements for Crew". Among the present aviation regulations, there exists a protection standard for protecting aviation traffic users. However, it presents a damage protection only for ticket-related issues. Since this regulatory weakness provides a cause of endangering national health, the authors believe that an improvement in the regulation is needed without sticking to the recommendation from the ICRP. To this end, new regulations are strongly demanded from aspects of not only legal but also regulatory areas. The dose limit in accordance with the international standard is established. However, at least a minute amount of cosmic radiation is continuously acting on all people of Korea. Since more and higher level of cosmic ration may exist in the aviation space, an improved method of representing the minute amount of cosmic radiation in figures. As a result, a desirable regulation may be established for protecting not only crew but also aviation traffic users from being exposed to the cosmic radiation via a legislation of the desirable regulation.