• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.3-26
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• 2010

The European Union(EU) has recently introduced its Directive 2008/101/EC to include aviation in the EU ETS(emissions trading system). As an amendment to Directive 2003/87/EC that regulates reduction of the green house gas(GHG) emissions in Europe in preparation for the Kyoto Protocol, 1997, it obliges both EU and non-EU airline operators to reduce the emission of the carbon dioxide(CO2) significantly in the year 2012 and thereafter from the level they made in 2004 to 2006. Emission allowances allowed free of charge for each airline operator is 97% in the first year 2012 and 95% from 2013 and thereafter from the average annual emissions during historical years 2004 to 2006. Taking into account the rapid growth of air traffic, i.e. 5% in recent years, airlines operating to EU have to reduce their emissions by about 30% in order to meet the requirements of the EU Directive, if not buy the emissions right in the emissions trading market. However, buying quantity is limited to 15% in the year 2012 subject to possible increase from the year 2013. Apart from the hard burden of the airline operators, in particular of those from non-European countries, which is not concern of this paper, the EU Directive has certain legal problems. First, while the Kyoto Protocol of universal application is binding on the Annex I countries of the Climate Change Convention, i.e. developed countries including all Member States of the European Union to reduce GHG at least by 5% in the implementation period from 2008 to 2012 over the 1990 level, non-Annex I countries which are not bound by the Kyoto Protocol see their airlines subjected to aircraft emissions reductions scheme of EU when operating to EU. This is against the provisions of the Kyoto Protocol dealing with the emissions of GHG including CO2, target of the EU Directive. While the Kyoto Protocol mandates ICAO to set up a worldwide scheme for aircraft emissions to contribute to stabilizing GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the EU ETS was drawn up outside the framework of the international Civil Aviation Organization(ICAO). Second, EU Directive 2008/101 defines 'aviation activities' as covering 'flights which depart from or arrive in the territory of a Member State to which the [EU] Treaty applies'. While the EU airlines are certainly subject to the EU regulations, obliging non-EU airlines to reduce their emissions even if the emissions are produced during the flight over the high seas and the airspace of the third countries is problematic. The point is whether the EU Directive can be legally applied to extra-territorial behavior of non-EU entities. Third, the EU Directive prescribes 2012 as the first year for implementation. However, the year 2012 is the last year of implementation of the Kyoto Protocol for Annex I countries including members of EU to reduce GHG including the emissions of CO2 coming out from domestic airlines operation. Consequently, EU airlines were already on the reduction scheme of CO2 emissions as long as their domestic operations are concerned from 2008 until the year 2012. But with the implementation of Directive 2008/101 from 2012 for all the airlines, regardless of the status of the country Annex I or not where they are registered, the EU airlines are no longer at the disadvantage compared with the airlines of non-Annex I countries. This unexpected premium for the EU airlines may result in a derogation of the Kyoto Protocol at least for the year 2012. Lastly, as a conclusion, the author shed light briefly on how the Korean aviation authorities are dealing with the EU restrictive measures.

• Journal of Korean Society of Transportation
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• v.33 no.2
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• pp.145-158
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• 2015

A network connectivity has been regarded as a key element to strengthen a business competitive power in the aviation industry, so many airport authorities try to attract the new airlines and scheme out new air routes. With this trend, a study for an induced travel demand estimation methodology is needed. This study introduces a demand estimation method, especially for a new air route to a promising destination. With the results of previous studies, the derived demand is classified into four types - Local, Beyond, Behind and Bridge. The explanatory variables are established for each type of demand and the main independent variables are composed of distance, ratio of detour, and relative capacity compared with other airports. The equations using such variables and statistically significant coefficients are suggested as the model to make an estimation of derived demand for a new route. Therefore this study will be expected to take an initial step for all related parties to be involved more deeply into developing new air routes to enhance network connectivity.

• Advances in aircraft and spacecraft science
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• v.2 no.1
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• pp.95-108
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• 2015

Automatic Dependent Surveillance Broadcast (ADS-B) is quickly being adopted by aviation safety authorities around the world as the standard for aircraft tracking. The technology provides the opportunity for live tracking of aircraft positions within range of an ADS-B receiver stations. Currently these receiver stations are bound by land and local infrastructural constraints. As such there is little to no coverage over oceans and poles, over which many commercial flights routinely travel. A low cost space based ADS-B receiving system is proposed as a constellation of small satellites. The possibility for a link between aircraft and satellite is dependent primarily on proximity. Calculating the likelihood of a link between two moving targets when considering with the non-periodic and non-uniform nature of actual aircraft flight-paths is non-trivial. This analysis of the link likelihood and the performance of the tracking ability of the satellite constellation has been carried out by a direct simulation of satellites and aircraft. Parameters defining the constellation (satellite numbers, orbit size and shape, orbit configuration) were varied between reasonable limits. The recent MH370 disappearance was simulated and potential tracking and coverage was analysed using an example constellation. The trend of more satellites at a higher altitude inclined at 60 degrees was found to be the optimal solution.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.2
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• pp.153-155
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• 2006

A major advantage of the area in and around Braunschweig is its concentration of major research institutes and small to large enterprises dealing with different modes of transportation. For many years, aviation has been a particular focus. The research institutes have aircraft and helicopters equipped especially for research projects, as well as other laboratory equipment, allowing simulation and testing of air traffic application both virtually and on real aircraft. In addition, with the Luftfahrtbundesamt (equivalent organization to FAA) and the Bundesstelle $f{\"{u}}r$ Flugunfalluntersuchung (equivalent to NTSB) both located at the Research Airport, it enables direct contact with two key air-traffic safety authorities. The institutes of DLR and the Technical University of Braunschweig are very active in rail transportation applications. Cooperation with the market leader in rail automation - Siemens Rail Automation, also located in Braunschweig - and with other companies in the Braunschweig region means that safety-critical road applications and mobility research is available due to the activities of a number of institutes. Cooperation with Volkswagen (VW) and other companies in the region ensure access to the market leaders' know-how in this sector. Current European activities within framework of the Galileo project offer particularly good opportunities for the Research Airport to leverage its expertise and position itself internationally as a specialist in safety-critical transport applications - the centre is an initiative of Niedersachsen and the Ministry of Economic Affairs, Labour and Transport Location and navigation plays a central role in all modes of transport - air, road and rail. The market is being revolutionized by the increasing integration of GNSS. The realization of the Galileo system will provide additional opportunities for the Research Airport: Galileo as a civil operated system offers service guarantees especially in the area of safety-critical applications in transportation. Notably standards, processes and authorizations related to the certification of safety-critical applications in the areas of air, road and rail transportation are still to be determined. GAUSS, located at the Research Airport Braunschweig, as an European centre of excellence for simulation, testing and certification of safety-critical applications can offer its expertise to validate the services guaranteed by the Galileo concessionaire.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.39-63
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• 2020

This paper reviews the Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with COVID-19 of EU commission. To enlighten the obscurity and to mitigate the economic impacts of the COVID-19, European Commission has published "Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19" on March 18, 2020. The Guideline essentially aims to create a coherent system of rules to assist the passengers, industry and national authorities overall under the unprecedented circumstances across the European Union. To do so, the Guideline is drafted to cover the rights of passengers travelling by air, rail, ship or bus/coach, maritime and inland waterways, as well as the corresponding obligations for carriers. From an aviation industry focused perspective, by referencing the Regulation (EC) numbered 261/2004, the Guideline specifically applies to cancellation and delay in flights which are seen as the dark spots for the air carriers concerning potential burdens.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.93-125
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• 2011

The International Civil Aviation Convention (Chicago Convention) has been a backbone of international air transport system whereby air transport between States should be based on bilateral agreements, and in particular, international airfares, which are set up through IATA(International Air Transport Association) rate-fixing machinery could be approved by the governments concerned. International airfares are fares for transporting passenger and freight and their conditions between two or more countries. However, since U.S. pursued th deregulation policy in 1978 whereby routes, capacity and fares could be freely determined by airlines, many States have been following so called open-skies agreements. In many cases, aeronautical and competent authorities have been reviewing whether airlines' commercial activities including air fares could possibly conflict with free competition rules envisaged in relevant laws and regulations. As competition among airlines gets intense, airlines often resort to cooperation with other airlines in the forms such as equity exchange, M&A, code-sharing, fares consultation and resource pooling, mainly with a view to effectively use resources available and to avoid monopoly situation resulting from excessive and destructive competition among players. Whereas bearing in mind that application of competition laws is important to secure consumers' interests by preventing airlines's malpractices such as bargaining exorbitant fares, it is also important to comprehensively consider as many factors as possible, from that unilateral measure by governments may bring about retaliatory measures by the governments affected, to that airlines' cooperative practices may rather increase consumers' benefits by lowering air fares.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.7
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• pp.578-588
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• 2019

As the service industry develops, service quality, customer satisfaction, and human resource management are considered priorities in modern management to maintain a company's growth. Therefore, understanding the strategic importance of service marketing is an essential task for modern companies. This study examined the relationship between the internal service quality of employees in the organization and customer orientation through organizational effectiveness. In the case of an airline, a service can be defined as an interaction between an external customer and an internal customer service provider. This interaction significantly affects the behavior and attitude of the employees. Based on the results, empowerment has a significant influence on the internal service quality, but it has no significant effect on customer orientation. As the relationship between department and employees improved, the more confident staff showed an improved ability to perform their work. Therefore, it is important that the organizational structure and the reporting system are as concise and clear as possible to allow employees to accurately recognize the authorities and responsibilities assigned to them and have autonomy and discretion in the framework.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.91-118
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• 2009

In the Republic of Korea, Regional Airlines from Jeju Air and Hansung Airlines have recently entered the domestic market to compete with the existing Legacy Airlines. In addition many of newly established regional low cost carriers like Air Busan, JeanAir, Easter Airline, are preparing to enter the jungle market. These circumstantial changes have come about as transportation competitiveness are getting weak in the market due to simultaneous expansion of surface modes such as a new opening of high-speed rail and extension of highways. The jumbled market entry by regional low cost carriers makes an enormous influence not only in managing transport network of existing carriers but also for the domestic policy of aviation authorities. It is too early to judge whether they would succeed or not. It is necessary to analyze the network operation of these regional carriers launching domestic routes and preparing to launch short distance international routes under the rapid changing market circumstances such as introduction of KTX or decrease in domestic routes by Legacy Airlines. Many regional airlines are to launch the routes connecting Korea-China-Japan, if they could ensure long-haul international routes successfully, it would follow that the difference between Legacy Airlines and Regional Airlines would decrease more and more, which would result in appearance of the $3^{rd}$or $4^{th}$Legacy Airlines The purpose of this study is to analyze the introduction of low cost carriers by regions and economic regional carrier network for non-scheduled air transportation market by taking a look at the regional airlines transportation network in the early stage of the domestic air transport market. For this purpose, cost and profit structure and management effect of transportation cost will be analyzed by comparing the presently operated routes of regional airlines with those of Legacy Airlines. And also demonstrative analysis demanded by the actual market will be achieved through surveys from experts, the actual airlines and travel agencies to build up transportation network.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.315-343
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• 2018

In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.