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Changes of International Aviation Regimes (국제항공 레짐의 변화)

  • Lee, Jong-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.55-89
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    • 2003
  • What are the international aviation regimes? It is said that they are sets of principles, norms, rules, and decision-making procedures of international aviation around which aviation actors' (states-actors, intergovernmental aviation organization, international aviation conventions, airlines and their organizations etc.) expectations converge in a given aviation issue-area for the purposes of the human welfare and the operations of the stable civil aviation. In this regards, the purposes of this study are focused on the aviation actors' shifts. Chronologically, international aviation regimes have been developed by some stages as followings; The 1st stage is the period from 1944 Chicago Convention to 1978 US Deregulation Act, when the aviation regulations and rules within the international aviation relations were implemented by Chicago-Bermuda regimes as Christer Jonsson pointed out. In this first stage, the sovereignty for the airspace over their countries is absolute. The second stage is the period from 1978 to '1992 Open Skies Agreement' between US and Netherlands. In this regime, airlines' activities as well as state-actors' have been actuated. The third stage is the period from 1992 to the contemporary. In this stage, airlines' activities for the consumers such as 'Open Skies Agreements', 'e-commerce business', 'airspace open policy within EU area', 'service open policy of WTO', and 'airlines' strategic alliance' are the central focal points in the world aviation relationship. In the conclusion, this phenomenon of the core actors in the international aviation rules has been shifted from the states-actors to the non-states actors especially, operating airlines, or consuming customers. Finally, I' d like to suggest that international aviation regimes should be developed to promote and facilitate the globalized level for the people's movements among the global aviation society. That is the way to proceed to the welfare and peace for all human beings of the World.

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A Study on Development and Site selection of an AIRFIELD (경비행장 개발 및 입지선정에 관한 연구)

  • Park, Sang-Yong
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.3-36
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    • 2015
  • As of end of 2014, the population engaging in aviation activities for leisure has reached approximately 13 million, where approximately 356 cases involve a general aircraft, 200 cases involve light aircraft, and 636 cases involve an ULM. The industry for leisure has become a very promising industry in line with rapidly rising living standards which are expected to further increase in the future. The demand for such services is expected to increase over time. The purpose of this paper is to review the development and site selection of airfields in anticipation of these developments in the industry. While the government also has experience in the review of airfield location and candidate sites, it is not the government that carries out the actual construction. As such, the feasibility of the site needs to be verified in terms of actual construction. This study identified factors for Site Selection of factors through a review of related documents and existing research reports. A questionnaire was also used to collect the views of experts in the field, which was then analyzed. The Research model was confirmed in the layered form for an AHP analysis. The factors for Site Selection were identified as the technical / operational factors and economic / political elements for a two-stage configuration. The third step consisted of technical and operational elements. The final step is was constructed a total of 11 elements (weather, surface conditions, obstacle limitation surface, airspace conditions, operating procedures, noise problems, environmental issues, availability of facilities, construction and investment costs, contribution to the local economy, accessibility, demand / the proximity of demand). The surveys are conducted for more than 10 General and light aircraft pilots, professionals, and instructor. The analysis results showed a higher level in the technical / operating elements (73.2%) in the first step, while the next step sawa higher level of the operational elements (30.9%) than the other. The factors for Site Selection were any particular elements did not appear high, the weather conditions (17.5%), noise problems (19.8%), the proximity of demand (6%), accessibility (5.7%), environmental issues (11.1%), availability of facilities (8%), airspace conditions (7.9%), obstacle limitation surface (12%), construction and investment costs (4.2%) and to operating procedures (4.9%), contribution to the local economy (3.8%).

Compensation for flight delay and Regulation (EC) No. 261/2004 - Based on recent cases in Royal Courts of Justice - (항공기 연착과 Regulation (EC) No. 261/2004의 적용기준 - 영국 Royal Courts of Justice의 Emirates 사건을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.3-31
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    • 2017
  • On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

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Estimation of Economic Impact on the Air Transport Industry based on the Volcanic Ash Dispersion Scenario of Mt. Baekdu (백두산 화산재 확산 시나리오에 따른 항공산업의 경제적 피해 예측)

  • Kim, Su-Do;Lee, Yeonjeong;Yoon, Seong-Min
    • Journal of International Area Studies (JIAS)
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    • v.18 no.3
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    • pp.109-144
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    • 2014
  • In 2010, large areas of European airspace were closed by the volcanic ash generated by the eruption of Icelandic volcano and it disrupted global trade, business and travel which caused a huge economic damage on the air transport industry. This brought concerned about the economic impact by the eruption of Mt. Baekdu volcano. In this paper, we analyze the affected areas of the air transport industry were decided by calculating the PM10 density of volcanic ash changed over time and by determining the safe upper limit of ash density in their airspace. We separate the sales in the air transport industry according to each airline, airport, and month to estimate the direct losses when all flights inside a restricted zone were canceled. Also, we estimate the indirect losses in regional output, income, and value-added of the different major industries using interindustry (input-output) analysis. There is no direct damage from VEI 1 to VEI 5. But when VEI is 6, all flights to and from Yangyang airport will be canceled due to the No Fly Zone. And some flights to and from the airports Gimhae, Ulsan and Pohang will be restricted due to the Time Limited Zone. When VEI is 7, Yangyang, Gimhae, Ulsan, Pohang and Daegu airports will be closed and all flights will be canceled and delayed. During this time, the total economic losses on the air transport industry are estimated at 8.1 billion won(direct losses of about 3.55 billion won, indirect losses of about 4.57 billion won). Gimhae international airport accounted for 92% of the total loss and is the most affected area according to the volcanic ash scenario of Mt. Baekdu.

A study on Operation Rules of Korean Air Defence Identification Zone (한국 방공식별구역 운영규칙에 관한 고찰)

  • Kwon, Jong-Pil;Lee, Yeong H.
    • 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.

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Study on Utilization Drones in Domestic Logistics Service in Korea (한국내 물류서비스에 드론 활용을 위한 연구)

  • Kang, Ki-Seog;Jeon, In-Oh
    • Journal of Distribution Science
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    • v.14 no.5
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    • pp.51-57
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    • 2016
  • Purpose - In the year of 2015 and 2016, one of the items that got attention in CES was a drone. It has been 100 years since a drone emerged, but most were used for military purposes. As its use became diverse as of 2010, it got attention of the general public. In Korea, it was in 2011 that a drone was known to the public through an aerial video shooting for television program. This study tried to come up with suggestions by comparing domestic with overseas cases, and tried to consider the related technologies and systems with applying the role of drones in logistics service. Research design, data, and methodology - The overseas cases were regarded as drone's logistical purpose. The Prime Air service by US Amazon is still not commercialized and under pre-testing due to Federal Aviation Regulations, although it started in 2013. In Germany, DHL succeeded in delivering service testing which is called Parcelcopter, but it is not commercialized yet. Other than these, there are more attempts to prepare logistics service in China with Taobao, in France with Geopost's test, and in Africa. In Korea, CJ Korea Express tested delivery with a self-developed drone Results - In order to study for utilizing drones for logistics as the prerequisites, some overseas and domestic cases, which are currently considered, were reviewed. Also, the technologies and institutional requirements to commercialize drones for logistical purpose were reviewed. The reasons for using drones in logistics is to ensure the price competitiveness by reducing cost. The empirical test also will be needed because drone pilot areas are designated by ministry of land, infrastructure and transport. Conclusions - In order to utilize drones in logistics and foster the industry, this study would like to suggest the followings. First of all, size of drones for logistics needs to be fixed and their operating system should be standardized. Centralized investment resources are needed through standardization to ensure the market occupancy. Secondly, it is necessary to get the converged businesses that do research, develop and commercialize drones with the investment of private sector. Example can be found in Korea aerospace Industries. We can respond to the rapid growth of the market with intensive investing by integrating the private sector investment. Thirdly, institutional arrangements are needed to be established quickly. In the case of high-technologies like drones, institutional support often does not follow the rapid development of the technology. The problems can be found in securing drones-only airspace, creating drone-specialized pilot's license, matters related to remote controller and complementary regulations for drones in Aviation Act. If these regulations are not prepared or complemented at the right timing, technologies cannot be commercialized even though the development is completed. Fourthly, there is a need to secure the transparency regarding possible privacy and personal information protection problem while operating drones. Finally, in order to foster this new industry, government should focus on supporting R&D more in the long term than short term outcomes.

Radioaerosol Scan Manifestations of Diffuse Panbronchiolitis (미만성 세기관지염의 연무흡입 폐환기스캔 소견)

  • Kim, Hak-Hee;Choi, Byung-Gil;Bahk, Yong-Whee;Chung, Soo-Kyo;Park, Seog-Hee;Shin, Kyung-Sub;Park, Sung-Hak
    • The Korean Journal of Nuclear Medicine
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    • v.28 no.2
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    • pp.192-199
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    • 1994
  • Diffuse pahbronchiolitis(DPB) is a relatively new, chronic, nonspecific, inflammatory disease of the lung that typically involves the airways in the "transitional" zone of the lung. Clinically, DPB strongly resembles chronic obstructive pulmonary disease (COPD) and the distinction between the two is crucial because the former is often fatal, requiring different therapeutic strategies. This study was prospectively carried out to assess diagnostic usefulness of radioaerosol scan(RAS) in DPB. RAS findings were analyzed with respect to the location and extent of abnormal aerosol deposition in the lung divided into the central, intermediary, and transitional airways and the peripheral airspaces. RAS showed mottled aerosol deposits characteristically in the transitional and intermediary airways with peripheral airspace defects. Such a deposition pattern contrasted sharply with central aerosol deposition of COPD. In conclusion, RAS appears to be a convenient, noninvasive, and useful diagnostic method of DPB.

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Characteristics of concrete intensity using high early strength AE water reducing agent (조강형 AE감수제를 사용한 콘크리트의 강도발현 특성)

  • Kim, Jung-Tai;Kim, Seung-Han;Jang, Seck-Soo;Jung, Yong-Wook;Yeo, In-Dong
    • Proceedings of the Korea Concrete Institute Conference
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    • 2008.04a
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    • pp.793-796
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    • 2008
  • Recently early strength concrete has been required for economical assurance and the prevention of frost damage in winter through air reduction in construction of concrete structures. This study presented the optimum condition revealing compressive strength 5MPa which has the possibility of removal of form in 24 hours, and researched the changes of unit weight of cement types of high early strength AE water reducing agents, characteristic of compressive strength expression as cure temperature conditions and slump or airspace. Test results showed at $15^{\circ}C$ with compressive strength of 5MPa that premature removal of form was possible in case of using highly early strength PC water reducing agent with unit weight of cement 360 ; 22hours faster than 10, unit weight 360 ; 20hours faster than 7, unit weight 390 ; 18 hours faster than 4 comparing with OP water reducing agent. And at $5^{\circ}C$ in case of using highly early strength PC water reducing agent with unit weight of cement 330 ; 32hours faster than 10, unit weight 360 ; 30hours faster than 7, unit weight390 ; 27hours faster than 4 comparing with OP water reducing agent. Therefore as the temperature rises $10^{\circ}C$, compressive strength of 5MPa reaching hour shortens 10 hours.

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Deficiencies of China's General Aviation Law and its Improvement (중국 일반항공법의 법적 흠결과 개선방향)

  • Zhang, Chrystal;Diao, Weimin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.145-181
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    • 2013
  • General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

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Attack Capability Analysis for Securing Self-Survival of Air Defense Weapons (대공방어무기의 자기생존성 확보를 위한 공격능력분석)

  • Kim, Sea Ill;Shin, Jin
    • Journal of the Korea Society for Simulation
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    • v.30 no.3
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    • pp.11-17
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    • 2021
  • The 30mm anti-aircraft gun has been developed with various types of weapon systems such as protective, protective complex, and wheel-type anti-aircraft artillery. The role of this anti-aircraft gun is an important anti-aircraft weapon in charge of air defense. Anti-aircraft weapons are tasked with defending the airspace from aircraft attacks. In particular, anti-aircraft weapons are organized in combination with mechanized units. And anti-aircraft weapons are prone to attack by enemies because they operate on the front lines of the battlefield. The enemy is expected to attack our troops by covering up or concealing as much as possible in order to increase their viability. Therefore, this study analyzed whether our 30mm anti-aircraft bullets could subdue the enemy in cover. This study analyzed the performance of 30mm anti-aircraft bullets using the M&S technique. For this study, live shooting and simulation method by M&S were used for the experiment. In this study, steel plate and plywood were used for the live shooting experiment. In addition, in the simulation process through M&S, this study used the PRODAS model, AUTODYN model, and Split-x model to analyze the trajectory, penetration, and fragmentation capability of 30mm anti-aircraft bullets. According to the experimental results, it has been proven that 30mm anti-aircraft bullets can destroy enemy armored vehicles. 30mm anti-aircraft bullets succeeded in quickly subduing enemies concealed in general buildings or forests. In this way, it was possible to minimize damage to allies in advance.