• Journal of the Korean Society for Aviation and Aeronautics
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• v.19 no.2
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• pp.45-51
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• 2011

The article specified in aviation legislation, 'The captain has the final authority and responsibility in flight safety' could be one reason running counter to applying "Vertrauensgrundsatz". In practice, however, captains do not have professional skills in every task and they should distribute duties and responsibilities to flight attendents and other staffs to operate the flight as safely and efficiently as possible. Therefore, in aviation, fair criterion, namely, "Vertrauensgrundsatz" is necessary to balance between efficiency and legal interest for participants. In addition, when it comes to mutual trust of duty which was the starting point of this study, the standard in mutual advice or interference must be based on the duty specified in air law and flight regulations. Also, pervasive trust will not only be attributed to joint responsibility but an act that cannot be trusted.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.23 no.2
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• pp.21-31
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• 2015

The world air transport industry has grown steadily with quantitative expansion. The volume of air transport in the world is skyrocketing with the open-sky trend. Air passengers from or to South Korea has shown 5% of annual growth for the last couple of decades which caused South Korea now ranking in 18th in the World for air transport market size. Quantitative expansion of Air transport affects in policy making of air transport operators, such as airports, airlines or authorities, directly and indirectly. Especially, Aviation Safety field should be supported by policy regime with the growth of air transport volume, assured resources for continuous monitoring is standing out as a vital factor. This study is to estimate social costs caused by aviation accidents and investment costs for aviation safety by airports, airlines and authorities as operators. Estimated investment costs for aviation safety verified by comparing and analysing them. Precedent studies were reviewed to refer research methodology to calculate aviation accident costs and safety costs of operators. Safety costs of operators was calculated with literature researches and interview surveys among professionals of each operators in rational range.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.18 no.3
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• pp.77-83
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• 2010

"The prohibition of careless or reckless flight" is the regulation specified not only in the national air law but ICAO ANNEX and FAR. This article(item) has not been categorized properly unlike other items and the question such as why this is described as a fundamental and essential act can be answered only by the party subjected to administrative measures in case of Korea and this kind of violation is so rare that it is not easy to understand the legal meaning and the function of the term, "The prohibition of careless or reckless flight" In case of U.S where aviation cases are common, the distinction between the term "careless" or "reckless" operation depends on whether to recognize the given situation. Some incidents happened by failing to aware NOTAM, violating ATC, or T/W landing where a pilot did not recognize the violation itself are considered to be "Careless" flight. Others such as low altitude high speed flight, approximate flight, Rejecting ATC instruction where a pilot intends to or is remiss in safety are regarded as "Reckless" flight. For pilots who are required to take the highest level of care from preparing for flight to stopping engines or completely disembarking passengers from a plane, the clear understanding of the most basic concept of "careless" or "reckless" flight should be emphasized for the safe flight and it is the time for the authorities to set a standard for proper measures by definite legal interpretations.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.17 no.2
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• pp.52-61
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• 2009

In Korea, there is great lack in jet lease agreements compared to many other countries. Due to such scarcity in numbers of jet lease agreements, problems have never truly surfaced and legal foundation dealing with such issues have not yet been formulated. However, as the globalization is making the world smaller and smaller, the demand for jets will grow. As the Korean aviation industry is expanding tremendously, although very preliminary at this time, the interest and actual execution on private jet lease agreements will grow. The prediction of increase in the private jet ownership is causing the lease industry to be nervous and may require particular preparatory foundation works. Particularly, legal analysis and detailed review maybe necessary to set a precedent with will serve as the grounded rule in the future. It is notable that Vietnam, a country which is believed have a less developed aviation industry than Korea, had already established a specialized jet leasing company, VALC in 2007. Also, when leasing an airplane from a foreign financial institution, it is possible to obtain a government issued guarantee. Therefore, it is urgent for Korea to prepare the legal foundation for the future demands in aviation leasing, as well as private jet leases which in turn would promote national wealth and further develop the financial industry.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.31 no.3
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• pp.161-171
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• 2023

The traditional safety management method starts with the misconception that similar accidents will recur if the inappropriate behavior of the person who caused the accident is investigated and punishment is not judged. However, in modern safety management, incidents or situations occur when negative conditions latent in the system are mutually influenced and triggered. The precedent for revoking the disposition of suspension of first officer A of Eastar Jet, which won a legal lawsuit against the administrative regulatory authority, is a representative example that will serve as an opportunity for the administrative regulatory authority to break away from the punishment-oriented safety management method of the past. On the other hand, airmans and air carriers also need to have a clear understanding of flight regulations, and when judicial judgment is required, predictable and effective legal effects can be obtained by preparing clear standards for flight regulations. In addition, administrative regulatory authorities expect a change from the punishment-oriented safety management policy of the past to a systematic safety management policy.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.19 no.3
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• pp.54-60
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• 2011

The purpose of this study is verification of threshold of the aircraft turbulence index and icing index using PIREPs and KWRF on Korean peninsula, to operational weather support. There is improvement in new threshold value made of the pilot weather report data and the turbulence and icing index from KWRF model result, using the ROC Diagram method. the accuracy is up to 0.6 compared with the precedent study result 0.5. Through this study, It is founded on the research and development of the Korean peninsula aircraft turbulence and icing.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.22 no.4
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• pp.8-14
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• 2014

The purpose of this research was to develop evaluation conformity to operate courses based on CIPP evaluation model dedicated to approval of training organizations. In order to achieve the goal, the researchers scrutinized related documents and precedent studies, initiated the draft for evaluation conformity to operate courses and secured validity for evaluation conformity initiated through Delphi Method survey. To secure validity for evaluation conformity, the researchers conducted two Delphi Method surveys of an expert panel of 22 professionals from relevant fields including officials from the Ministry of Land, Infrastructure and Transport, researchers from Korea Transportation Safety Authority, instructors from approved training organizations and officials from industries. Through the surveys, the researchers determined 4 evaluation areas, 13 evaluation items and 52 evaluation indexes as the evaluation conformity to operate courses for aircraft maintenance mechanics. On top of that, the researchers established evaluation system in the courses for aviation professionals (aircraft maintenance mechanics), and suggested a follow-up studies regarding managing the quality of education.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.53-83
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• 2007

The purpose of this paper is to study precedent cases of the Air carrier liability for passengers. The article 17 of Warsaw Convention (also in Montreal Convention article 17-1) provides the Air carrier liability for passengers which is the most essential part of the Air carrier liability. According to these Conventions, 1) the carrier is liable for damage sustained in case of death or bodily injury of a passenger. Precedents and theories have disagreements on whether the damage covers the mental injury as well. 2) The carrier is liable for damage sustained from aviation accident. The definition of 'aviation accident' is becoming problematic. 3) The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. The question at issue is the range of the operations of embarking or disembarking. This paper introduces the precedents (also, the model precedents) about the carriers liability for passengers and related cases, so as to help understand the trend of judicial decisions. Furthermore, the cases, once took all of the attention of the international air carriers, concerned with the 'Economy class syndrome' (DVT : Deep Vein Thrombosis) are also presented. Under the new Montreal Convention, the carriers liability for passengers will continue to be the main issue. Thus it is required that academics as well as practical businesses may keep up their studies about this issue.

• Journal of Advanced Navigation Technology
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• v.24 no.6
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• pp.491-499
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• 2020

There are policies that foster the drone industry, which either put a legal precedent on drones through the "Drone Act" or grant a delay or exemption in applying the safety measures of "the Aviation Safety Act". Yet, the definition of a drone is unclear, requiring further discussion on commercial usage. Therefore, we have studied cases domestically and abroad, and also analyzed issues with the current aviation legislation. It was found that a drone is defined as "an unmanned aircraft where a pilot is not on board, and its net weight is 150 kg or less". However, there are several issues, such as that a drone taxi requires a pilot on board, and its weight is 150 kg or more. Thus, we propose to define a drone as "an unmanned aerial vehicle (provided, that its own net weight should be 300 kg or under, or not be limited to weight) under Article 2 (3) of the "Aviation Security Act" as prescribed by Ordinance of the Ministry of Land, Infrastructure, and Transport, which operates either by remote, automatically, or autonomously; or an unmanned aircraft under Article 2 (6) of the "Aviation Security Act".

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.115-136
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• 2008

The development of the aviation technology is beyond the people's imagination. For example, with some exaggeration, If the autopilot engage upon take off, You will realize that you are on the centerline of the foggy JFK runway 13R after 15 hours with only once or twice of intervention. But the more aviation technology develops, the more responsible the pilot will be who has the final authority of the aviation safety. In the JAL 706 accident caused by unidentified reason, the pilot increased pitch abruptly and overrode the control from the autopilot. The result of this process made the death of a flight attendant and some injuries of a few passengers. The district court found the pilot not guilty at the first trial on the ground that the control override was not connected to the possibility of foresight and avoidance of the human death. The pilot was proved to be innocent through the analysis of the DFDR and ADAS that the override did not precede the unidentified pitch up motion. The judicial precedent related to aviation accidents in Korea requires pilots' absolute and extended care compared to the ordinarily prudent or reasonably careful behaviors in the vehicle and medical accidents. Although there is some controversy about the standard care, the care required in the actual operation of high tech aircraft by a pilot should include objective and standard care and be judged by analysis of the scientific data. Although the pilot maintained the unusual hi speed that doesn't have safety margin and descended under turbulence in case of the JAL 706 accident, the court negatived its relation to the cause of pitch up. Also, the override of the control after initial pitch up might have caused the possibility of the death and injury, but the court denied it. Because of this complex cause of the aviation accidents, it is important for a court to figure out the core reason of the event and casual relationship with the pilot Now, It is required that the judgement of negligence in the aviation accidents should include an objective care with scientific data from simulated circumstances(or a simulator) as the Japanese court not from the theory of vehicle's negligence.