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U.S. Rules on Enhancing Airline Passenger Protections (미국 연방법규상 항공여객보호제도에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.63-96
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    • 2013
  • Recently, U.S. Department of Transportation (DOT) expanded the "Enhancing Airline Passenger Protections" on August 23, 2011 and October 24, 2011. The Rule regulates tarmac delays, denied boarding compensation, customer service plans, and fare advertising. The adopted rule is to protect passengers by improving passenger service requirements on U.S. national or domestic carriers and foreign air carriers as well. The major issues are as follows: First, regarding to so called Tarmac Delay, carriers must establish a Tarmac Delay Contingency Plan setting forth the number of hours the carrier will permit an aircraft to remain on the tarmac at U.S. airports before allowing passengers to deplane. Carriers also must provide passengers with food and water in the event the aircraft remains on the tarmac for two or more hours and must provide operable lavatories and medical attention while the aircraft remains on the tarmac, irrespective of the length of the delay. Carriers also must create and retain records regarding tarmac delays lasting more than three hours. Also they need to update passengers every 30 minutes during a tarmac delay of the status of the flight and the reason for the delay, allow passengers to deplane if the aircraft is at the gate or another disembarkation area with the door open. Second, carriers now must adopt a "Customer Service Plan" that addresses offering customers the lowest fares available, notifying customers about delays, cancellations, and diversions; timely delivery of baggage; accommodating passengers' needs during tarmac delays and in "bumping cases"; and ensuring quality customer service. Third, the new regulations also increase minimum denied boarding compensation limits to $650 / $1,300 or 200% / 400% of the fare, whichever is less. Last, the DOT also has modified its policies related to enforcement of Rules pertaining to full fare advertising. The Rule states that the advertised price for air transportation must be the entire price to be paid by the customer. Similarly, Korea revised the passenger protection clauses within Aviation Act. However, it seems to be required to include various more issues such as Tarmac Delay, oversales of air tickets, involuntary denied boarding passengers, advertisements, etc.

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A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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Facing Past and Present Challenges to Social & Economic Development (사회경제개발에 대한 과거와 현재 직면과제)

  • 성낙정
    • Explosives and Blasting
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    • v.15 no.3
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    • pp.14-19
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    • 1997
  • Koreans have emphasized education as the primary means to reconstruct our country means to reconstruct our country after two catastrophic events-the Japanese occupation and the Korean War(1950-1953). A Strong belief- in education coupled with sheer deter-mination spurred the period of industrial and eeonomic development that started in the early 1970-'s. The "can-do" attitude of the general public was matched and aided by small S & T communities. Scientists and engineers provided the neeessary expertise to manufacture goods and process the many raw materials imported from overseas. After nearly three decades of reconst-ructing our completely devastated country, Korea has become a modern, cosmo-politan, fast-paced and dynamic country. In order to further increaser our manufac- turing capabilities and double the per-capita income by the beginning of the 21st century, we must improve productivitiy and encourage creatitivity in all sectors of our country. The S & T community's efforts in research and development. education, and interna-tional cooperation will be invaluable in determining our direction and reaching these goals. The general public is eager to peacefully unite our foreign powers since 1945. Toward that end. members of the S & T community are willing to coope-rate with our north Korean counterparts in all areas of S & T with the exception of defense related endeavors. Establi-shing scientific ties with north Korea will result in mutual economic benefit and greater regional stability in East Asia. In particular. scientists and manu-facturers in each province are eager to initiate cordial and professional relation-ships with north Korea in the hopes of securing these benefits. The Korean Federation of Science and Technology Societies(KOFST) has played an important role both in developing S & T policies, and in gostering the frowty of S & T societies. A non-governmental umbrella organization composed of over 251 professional societies, KOFST facili-tates the transfer of research outcomes and technology from research institutions to the various industries. KOFST also seeks to increase cooperation between the countries of the Pacific Rim. As evidence of that, we have pursued joint research and industrial ventures with China. Established projects include those on environmental conditions in the Yellow Sea, and improvement of aircraft manufacturing, telecommunica-tion equipment, and agricultural produ-cts. Increased cooperation between the Pacific Rim countries, particularly in S & T, would foster social and economic development for the region as a whole.

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A Study on Development of Certification Basis for VTOL UAS Based on Analysis of Certification Criteria for Fixed/Rotary Wing UAS and SC-VTOL (고정익/회전익 인증기준 및 수직이착륙 특수기술기준 분석 기반의 수직이착륙 무인항공기 인증기준 개발 방안)

  • Yoo, Minyoung;Kim, Suho;Oh, Yeonkyeong;Jin, Kyunghoon;Lee, Hwan;Kim, Woogyeom;Gong, Byeongho
    • Journal of Aerospace System Engineering
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    • v.15 no.5
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    • pp.16-23
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    • 2021
  • Domestic and foreign manufacturers are developing VTOL UASs in various shapes in line with demand for future technologies. UASs have been developed in a shape classified as fixed/rotary wing, and verified by appropriate certification standards. However, airworthiness certification of recent VTOL UASs is strict with the absence of VTOL-specific certification standards. In this paper, criteria applicable to VTOL UAS were presented through analysis of STANAG-4671 and STANAG-4702, which are certification standards for fixed/rotary wing UAS of the North Atlantic Treaty Organization (NATO) and the Special Condition for VTOL Aircraft (SC-VTOL) of European Aviation Safety Agency (EASA). For this, the categorization criteria of general/fixed-wing/VTOL characteristics were established for each standard item and utilized for analysis.

A Study on Aviation Safety and Third Country Operator of EU Regulation in light of the Convention on international Civil Aviation (시카고협약체계에서의 EU의 항공법규체계 연구 - TCO 규정을 중심으로 -)

  • Lee, Koo-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.67-95
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    • 2014
  • Some Contracting States of the Chicago Convention issue FAOC(Foreign Air Operator Certificate) and conduct various safety assessments for the safety of the foreign operators which operate to their state. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident. FAOC also burdens the other contracting States to the Chicago Convention due to additional requirements and late permission. EASA(European Aviation Safety Agency) is a body governed by European Basic Regulation. EASA was set up in 2003 and conduct specific regulatory and executive tasks in the field of civil aviation safety and environmental protection. EASA's mission is to promote the highest common standards of safety and environmental protection in civil aviation. The task of the EASA has been expanded from airworthiness to air operations and currently includes the rulemaking and standardization of airworthiness, air crew, air operations, TCO, ATM/ANS safety oversight, aerodromes, etc. According to Implementing Rule, Commission Regulation(EU) No 452/2014, EASA has the mandate to issue safety authorizations to commercial air carriers from outside the EU as from 26 May 2014. Third country operators (TCO) flying to any of the 28 EU Member States and/or to 4 EFTA States (Iceland, Norway, Liechtenstein, Switzerland) must apply to EASA for a so called TCO authorization. EASA will only take over the safety-related part of foreign operator assessment. Operating permits will continue to be issued by the national authorities. A 30-month transition period ensures smooth implementation without interrupting international air operations of foreign air carriers to the EU/EASA. Operators who are currently flying to Europe can continue to do so, but must submit an application for a TCO authorization before 26 November 2014. After the transition period, which lasts until 26 November 2016, a valid TCO authorization will be a mandatory prerequisite, in the absence of which an operating permit cannot be issued by a Member State. The European TCO authorization regime does not differentiate between scheduled and non-scheduled commercial air transport operations in principle. All TCO with commercial air transport need to apply for a TCO authorization. Operators with a potential need of operating to the EU at some time in the near future are advised to apply for a TCO authorization in due course, even when the date of operations is unknown. For all the issue mentioned above, I have studied the function of EASA and EU Regulation including TCO Implementing Rule newly introduced, and suggested some proposals. I hope that this paper is 1) to help preparation of TCO authorization, 2) to help understanding about the international issue, 3) to help the improvement of korean aviation regulations and government organizations, 4) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

Establishing Engine Accelerated Mission Test Cycles complying with the CS-E of European Aviation Safety Agency (유럽항공안전청 형식증명 감항기준에 부합하는 엔진가속시험 사이클 수립)

  • Park, Sooyoul;Moon, Gyeongchan;Koo, Hyuncheol
    • Journal of Aerospace System Engineering
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    • v.14 no.1
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    • pp.62-67
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    • 2020
  • The European Aviation Safety Agency (EASA) legislates the CS-E (Certification Specification-Engine) for type certification of aircraft engines. According to the CS-E, engine manufacturers (type certificate holders) the need to show compliance of continued airworthiness of an engine during the overhaul, and the Accelerated Mission Test (AMT) is usually accepted as means of compliance. As a part of the Korean Civil Helicopter program, the engine has been developed with foreign manufacturers to achieve the EASA engine type certificate. In this study, the AMT procedure is planned for the engine to be certified by the EASA, and AMT cycles are also established to meet airworthiness requirements of the CS-E in consideration of the engine design and operation characteristics.

An Analysis of Observed and Simulated Wind in the Snowfall Event in Yeongdong Region on 8 February 2020 (2020년 2월 8일 영동지역 강설 사례 시 관측과 수치모의 된 바람 분석)

  • Kim, Hae-Min;Nam, Hyoung-Gu;Kim, Baek-Jo;Jee, Joon-Bum
    • Atmosphere
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    • v.31 no.4
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    • pp.433-443
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    • 2021
  • The wind speed and wind direction in Yeongdong are one of the crucial meteorological factors for forecasting snowfall in this area. To improve the snowfall forecast in Yeongdong region, Yeongdong Extreme Snowfall-Windstorm Experiment, YES-WEX was designed. We examined the wind field variation simulated with Local Data Assimilation and Prediction System (LDAPS) using observed wind field during YES-WEX period. The simulated wind speed was overestimated over the East Sea and especially 2 to 4 times in the coastal line. The vertical wind in Yeongdong region, which is a crucial factor in the snowfall forecast, was not well simulated at the low level (850 hPa~1000 hPa) until 12 hours before the forecast. The snowfall distribution was also not accurately simulated. Three hours after the snowfall on the East Sea coast was observed, the snowfall was simulated. To improve the forecast accuracy of snowfall in Yeongdong region, it is important to understand the weather conditions using the observed and simulated data. In the future, data in the northern part of the East Sea and the mountain slope of Taebaek observed from the meteorological aircraft, ship, and drone would help in understanding the snowfall phenomenon and improving forecasts.

Design Requirement Analysis and Configuration Proposal of a Vertiport for Domestic Applications of the Urban Air Mobility (도심항공 모빌리티(UAM)의 국내 적용을 위한 수직이착륙장 설계 요구조건 분석 및 형상 제안)

  • Ahn, Byeong-Seon;Hwang, Ho-Yon
    • Journal of Advanced Navigation Technology
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    • v.25 no.1
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    • pp.40-51
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    • 2021
  • In this paper, the design requirements was produced by analyzing domestic and foreign regulations of the vertical takeoff and landing site required to operate the urban air mobility (UAM) system in Korea and the size of the take-off and landing pads were defined, and the configuration of vertiport was proposed. First, for the metropolitan area with high population density, pilot locations of the vertical take-off and landing site were selected based on the demonstration routes suggested by the Ministry of Land, Infrastructure and Transport and analyzed the characteristics of each location and determined the number of possible installations of vertiport by measuring each site. After that, variables necessary for the operation of the vertical takeoff and landing area were set, and the hourly, daily, monthly aircraft operating cycle, the number of acceptable people, and efficiency were calculated according to the number of simultaneous operation and the number of stand. Finally, using CATIA, the configurations of the virtual vertiport was created by applying the design requirements.

A Study on the Legislative Guidelines for Airline Consumer Protection (항공소비자 보호제도의 입법방향)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.3-51
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    • 2017
  • From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

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Insurance system for legal settlement of drone accidents (드론사고의 법적 구제에 관한 보험제도)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.227-260
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    • 2018
  • Recently, as the use of drones increases, the risk of drone accidents and third-party property damage is also increasing. In Korea, due to the recent increase in drone use, accidents have been frequently reported in the media. The number of reports from citizens, and military and police calls regarding illegal or inappropriate drone use has also been increasing. Drone operators may be responsible for paying damages to third parties due to drone accidents, and are liable for paying settlements due to illegal video recording. Therefore, it is necessary to study the idea of providing drone insurance, which can mitigate the liability and risk caused by drone accidents. In the US, comprehensive housing insurance covers damages caused by recreational drones around the property. In the UK, when a drone accident occurs, the drone owner or operator bears strict liability. Also, in the UK, drone insurance joining obligation depends on the weight of the drones and their intended use. In Germany, in the event of personal or material damage, drone owner bears strict liability as long as their drone is registered as an aircraft. Germany also requires by law that all drone owners carry liability insurance. In Korea, insurance is required only for "ultra-light aircraft use businesses, airplane rental companies and leisure sports businesses," where the aircraft is "paid for according to the demand of others." Therefore, it can be difficult to file claims for third party damages caused by unmanned aerial vehicles in personal use. Foreign insurance companies are selling drone insurance that covers a variety of damages that can occur during drone accidents. Some insurance companies in Korea also have developed and sell drone insurance. However, the premiums are very high. In addition, drone insurance that addresses specific problems related to drone accidents is also lacking. In order for drone insurance to be viable, it is first necessary to reduce the insurance premiums or rates. In order to trim the excess cost of drone insurance premiums, drone flight data should be accessible to the insurance company, possibly provided by the drone pilot project. Finally, in order to facilitate claims by third parties, it is necessary to study how to establish specific policy language that addresses drone weight, location, and flight frequency.