• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.9-39
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• 2003

The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.83-138
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• 2017

Korea-China FTA entered into force on the 20th of December 2015, and one year elapsed after its effectuation as the FTA with China, our country's largest trading partner. Therefore, this study looks at the trends of air transport trade between Korea and China, and examines the contents of concessions to the air transport services sector in Korea-China FTA, and analyzes the impact on the air transport sector by Korea-China FTA, and proposes our country's aviation policy direction in order to respond to such impact. In 2016 the trends of air transport trade between Korea and China are as follows : The export amount of air transport trade to China was 40.03 billion dollars, down by 9.3% from the last year, and occupied 32.2% of the total export amount to China. The import amount of air transport trade from China was 24.26 billion dollars, down by 9.1% from the last year, and occupied 27.7% of the total import amount from China. The contents of concessions to the air transport services sector in Korea-China FTA are as follows : China made concessions to the aircraft repair and maintenance services and the computer reservation system services with limitations on market access and national treatment in the air transport services sector of the China Schedule of Specific Commitments of Korea-China FTA Chapter 8 Annex. Korea made concessions to the computer reservation system services, selling and marketing of air transport services, and aircraft repair and maintenance without limitations on market access and national treatment in the air transport services sector of the Korea Schedule of Specific Commitments of Korea-China FTA Chapter 8 Annex. The impact on the air transport sector by Korea-China FTA are as follows : As for the impact on the air passenger market, in 2016 the arrival passengers of the international flight from China were 9.96 million, up by 20.6% from the last year, and the departure passengers to China were 9.90 million, up by 34.8% from the last year. As for the impact on the air cargo market, in 2016 the exported goods volumes of air cargo to China were 105,220.2 tons, up by 6.6% from the last year, and imported goods volumes from China were 133,750.9 tons, up by 12.3% from the last year. Among the major items of exported air cargo to China, the exported goods volumes of benefited items in the Tariff Schedule of China of Korea-China FTA were increased, and among the major items of imported air cargo from China, the imported goods volumes of benefited items in the Tariff Schedule of Korea of Korea-China FTA were increased. As for the impact on the logistics market, in 2016 the handling performance of exported air cargo to China by domestic forwarders were 119,618 tons, down by 2.1% from the last year, and the handling performance of imported air cargo from China were 79,430 tons, down by 4.4% from the last year. In 2016 the e-commerce export amount to China were 109.16 million dollars, up by 27.7% from the last year, and the e-commerce import amount from China were 89.43 million dollars, up by 72% from the last year. The author proposes the aviation policy direction of Korea according to Korea-China FTA as follows : First, the open skies between Korea and China shall be pushed ahead. In June 2006 Korea and China concluded the open skies agreement within the scope of the third freedom and fourth freedom of the air for passenger and cargo in Sandong Province and Hainan Province of China, and agreed the full open skies of flights between the two countries from the summer season in 2010. However, China protested against the interpretation of the draft of the memorandum of understanding to the air services agreement, therefore the further open skies did not take place. Through the separate aviation talks with China from Korea-China FTA, the gradual and selective open skies of air passenger market and air cargo market shall be pushed ahead. Second, the competitiveness of air transport industry and airport shall be secured. As for the strengthening methods of the competitiveness of Korea's air transport industry, the support system for the strengthening of national air carriers' competitiveness shall be prepared, and the new basis for competition of national air carriers shall be made, and the strategic network based on national interest shall be built. As for the strengthening methods of the competitiveness of Korea's airports, particularly Incheon Airport, the competitiveness of the network for aviation demand creation shall be strengthened, and the airport facilities and safety infrastructure shall be expanded, and the new added value through the airport shall be created, and the world's No.1 level of services shall be maintained. Third, the competitiveness of aviation logistics enterprises shall be strengthened. As for the strengthening methods of the competitiveness of Korea's aviation logistics enterprises, as the upbringing strategy of higher added value in response to the industry trends changes, the new logistics market shall be developed, and the logistics infrastructure shall be expanded, and the logistics professionals shall be trained. Additionally, as the expanding strategy of global logistics market, the support system for overseas investment of logistics enterprises shall be built, and according to expanding the global transport network, the international cooperation shall be strengthened, and the network infrastructure shall be secured. As for the strengthening methods of aviation logistics competitiveness of Incheon Airport, the enterprises' demand of moving in the logistics complex shall be responded, and the comparative advantage in the field of new growth cargo shall be preoccupied, and the logistics hub's capability shall be strengthened, and the competitiveness of cargo processing speed in the airport shall be advanced. Forth, in the subsequent negotiation of Korea-China FTA, the further opening of air transport services sector shall be secured. In the subsequent negotiation being initiated within two years after entry into force of Korea-China FTA, it is necessary to ask for the further opening of the concessions of computer reservation system services, and aircraft repair and maintenance services in which the concessions level of air transport services sector by China is insufficient compared to the concessions level in the existing FTA concluded by China. In conclusion, in order to respond to the impact on Korea's air passenger market, air cargo market and aviation logistics market by Korea-China FTA, the following policy tasks shall be pushed ahead : Taking into consideration of national air carriers' competitiveness and nation's benefits, the gradual and selective open skies shall be pushed ahead, and the support system to strengthen the competitiveness of air transport industry and airport shall be built, and entry into aviation logistics market by logistics enterprises shall be expanded, and the preparations to ask for the further opening of air transport services sector, low in the concessions level by China shall be made.

• Journal of the Korea Convergence Society
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• v.11 no.1
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• pp.237-246
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• 2020

The background of the research is the following: As a result of ultra-light flying device industry development, the utilization of drones and their efficiency have been increasing. However, problems regarding flight permission·approval procedure have not been improved, resulting in increased number of civil complaints. Thus, the purpose of this research is to minimize such civil petition according to the required standards of the two government organizations through enhancing the procedure for managing and employing the system. The research methods entail pinpointing the problems by analysing ultra-light flying device related literature review and by holding focus-interviews with field experts, thereby verifying and providing improved solutions. Under (MLIT) Ministry of Land, Infrastructure and Transport supervision and in accordance with aviation security law, the research provides various updated functions such as improved civil petition processing system's employment and management system, flight approval, integration of names, process, format regarding aviation photographing approval, tool buttons such as the 'Main' button in the system's homepage. This research has the following expected effects : Firstly in the law and regulations section, the clear distinction in the missions and roles of each organization enhances cooperations in tackling civil petition. Secondly the integration of civil petition process reduces time and improves efficiency. And lastly, the improvement of supplementary tools for the public is expected to minimize civil petitions. Future research needs to be conducted under the supervision of the Ministry of National Defense(MND). Factors such as systematic infrastructure for flight photography approval, related unit's reorganization following the defense reform 2.0, and guaranteed conditions for field security action units need to be ameliorated.

• Journal of Aerospace System Engineering
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• v.14 no.1
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• pp.44-53
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• 2020

In conjunction with the Fourth Industrial Revolution, the unmanned aerial vehicle industry is being developed to a new paradigm by combining advanced technologies such as AI, Big Data and the IoT. Aeronautical developed countries such as the U.S. are focusing their efforts on the development of the safer unmanned aerial vehicles. The Korea Aerospace Research Institute, as part of the national R&D project in 2011, had succeeded in developing the first vertical takeoff and landing (VTOL) UAS, called Smart-UAV. However, although the development technology of the VTOL UAS is possessed, developing and operating of the VTOL UAS for commercial or military use are limited. The type certification procedure of the VTOL UAS developed by domestic technology is stipulated in the Korean Aviation Safety Act, but the Korean VTOL UAS airworthiness standards (KAS) hsve not been established. Thus, this study investigated the development trends of the VTOL UAS in Korea and abroad and national certification systems and procedures, and benchmarked the special conditions for the VTOL aircraft, announced by the EASA on July 2, 2019, to establish standards for type certificate of the VTOL UAS in Korea.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.8
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• pp.8-14
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• 2019

Bird-strike is one of the most important design factors for safety in the aviation industry. Bird-strikes have been the cause of significant damage to aircraft and rotorcraft structures and the loss of life. This study used DYTRAN software to simulate the transient response of an Euler-Lagrangian composite helicopter blade that has been impacted by a bird. The Arbitrary Lagrangian Eulerian (ALE) method and a suitable equation of state were applied to model the bird. ALE was applied to the bird-strike analysis due to the large difference between the properties of the blade and bird. The debris of the bird was assumed to be a fluid and applied as Euler elements after the collision. Through the analysis of bird impacts, the leading-edge of the rotor blade (50.8 mm) was used to identify a positive margin of 1.18 based on the TSAI-FILL criteria. The results are assessed to be sufficiently reliable and may be evaluated to replace tests with various analysis conditions. The structural stability of the rotor blade could be assessed by applying various load conditions and different modeling methods in the future.

• Journal of Korean Society of Transportation
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• v.22 no.6
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• pp.17-33
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• 2004

Korea's economic development plans instituted in the 1970's, affected by the growth centered policy and rapid industrialization, have prevailed without having aviation safety management system, along with the safety of the other various means of transportation, settled in its place, and subsequently, the aviation accidents occurred until the beginning of year 2000 have incurred an enormous social expense, not to say of a massive loss of human lives. Especially, with regard to the causal factors of accidents, most of recent accidents have been associated with human factor of airmen, thus, only if this can be detected in advance and prevented, the aircraft accident rate will be reduced by a large margin. Therefore, in order to develope improvement methods on the safety system of civil aviation, in this study, safety management system has been divided into three stages: an advance preventive system, a handling system at an accident's occurrence and a post accident handling system, and thereby improvement methods on aviation safety have been suggested for each stage. The threatening factors agatinst aviation safety have been found to be the absence of management standards and regulations, the indifference to or the lack of the law abiding apirit as major factors, and in order to improve on which, it is required that the settlement of the institutional safety management system should precede, and that the Government and the aviation industry should also make a continuous effort to identify the threatening factors against aviation safety, and to provide incentives for the law abiding spirit and the attitude of giving top priority to safety to spread among all the employees.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.201-230
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• 2010

With starting the industry of automobiles, railroads and mining, the legal principle of "erlaubtes Risiko" that began as a means of maintaining the revitalized world for the cause of social utility has interpreted as a system of negligence theory in the precedent while it has gained academic recognition. Yet in aircraft operation, which is one area of high technology, CAT which can be the cause of some accidents or events or thunderstorm with turbulence is an abnormal meteorological phenomenon with frequent change that cannot be monitored perfectly just as some patient with unstable condition and that cannot be ascertained about not only the possibility of its happening but also the degree of how big the accident is. Yet the use of jet current which has the possibility of CAT can be an act of high social utility where we not only drastically cut down on time fuel also guarantee the arrival and departure on schedule when landing in airports that have thunderstorm which does not appear as fatal risk. Although we could take some measures where we can predict and avoid the potential risk, easing the regular duty of care is necessary by applying the legal principles of permitted risk concerning the incidents and accidents caused by operating in areas with the risk of turbulence or CAT with the low probability by the reason of social utility.

• Journal of Cadastre & Land InformatiX
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• v.49 no.1
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• pp.85-101
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• 2019

Recently, thank to the popularization of light-weight drone through the significant developments in computer technologies as well as the advanced automated procedures in photogrammetry, Unmanned Aircraft Systems have led to a growing interest in industry as a whole. Documentation, maintenance, and restoration projects of large scaled cultural property would required accurate 3D phenomenon modeling and efficient visual inspection methods. The object of this study verify on the accuracies achieved of 3D phenomenon reconstruction as well as on the validity of the preservation, maintenance and restoration of large scaled cultural property by UAS photogrammetry. The test object is cltural heritage(treasure 1324) that is the rock-carved standing Bodhisattva in Soraesan Mountain, Siheung, documented in Goryeo Period(918-1392). This standing Bodhisattva has of particular interests since it's size is largest stone Buddha carved in a rock wall and is wearing a lotus shaped crown that is decorated with arabesque patterns. The positioning accuracy of UAS photogrammetry were compared with non-target total station survey results on the check points after creating 3D phenomenal models in real world coordinates system from photos, and also the quantified informations documented by Culture Heritage Administration were compared with UAS on the bodhisattva image of thin lines. Especially, tests the validity of UAS photogrammetry as a alternative method of visual inspection methods. In particular, we examined the effectiveness of the two techniques as well as the relative fluctuation of rock surface for about 2 years through superposition analysis of 3D points cloud models produced by both UAS image analysis and ground laser scanning techniques. Comparison studies and experimental results prove the accuracy and efficient of UAS photogrammetry in 3D phenomenon modeling, maintenance and restoration for various large-sized Cultural Heritage.

• The Journal of the Korea Contents Association
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• v.13 no.11
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• pp.415-422
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• 2013

The contents development for the Internet and cyber tour has been attempted in a number of areas. 3D topography of the spatial environment, land planning and land information contents as a 3D tour of the future ubiquitous city safe for tourism due to the implementation of information made available major area. Domestic service, and in urban areas of the country where land and precise spatial information in order to shoot satellites and aircraft in the area you want to mount the camera on a variety of photo images taken by conducting 3D spatial that is required is able to obtain the information. Geo spatial information in a variety of direct or indirect acquisition of the initial spatial data into a database for accurate collection, storage, editing, manipulation and application technology changes in the future by establishing a database of 3D spatial by securing content organization ubiquitous tourist to take advantage of new tourism industry was greatly. As a result of this study for future tourism using geo spatial information and analysis of 3D modeling by intelligent land information indirectly, with quite a few stereo site experience and a variety of tourist spatial acquisition and utilization of information could prove.

• Journal of Advanced Navigation Technology
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• v.27 no.6
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• pp.716-723
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• 2023

Global discussions are actively underway regarding the introduction of urban air mobility (UAM) to revolutionize the paradigm in the innovative mobility industry. While research related to airspace, vertiports, navigation, and communication pertinent to Korean UAM is actively pursued by relevant research institutions, there is a significant dearth in studies focusing on establishing concepts for operational management by UAM operators and formulating control procedures. The commercialization of UAM necessitates the establishment of standardized operational management concepts, pivotal as benchmarks for the individual system development among multiple UAM operators. This paper analyzes UAM exceptional law, operational readiness, existing regulations pertaining to commercial and rotary-wing aircraft, and proposes suitable approaches to formulate domestic low-density operational management and control procedures. By presenting strategies for conceptualizing operational management and control procedures in the initial low-density environment for UAM, this paper aspires to contribute to future trail operations and the wider adoption of UAM.