• Title/Summary/Keyword: general aviation

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A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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The Main Contents and Task in Future for the Air Transport Law Established Newly in the Korean Revised Commercial Law

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.75-101
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    • 2012
  • As the Reublic of Korea revised the Commercial Code including 40 articles of air transport enacted newly on May 23, 2011, so Korea became first legislative examples in the Commercial Code of the developed and developing countries. I would like to explain briefly the main contents of my paper such as (1) history of enacting newly Part VI (air transport) in the Korea's revised commercial law, (2) legal background enacting newly Part VI (air transport) in the Korea's revised commercial law and the problems on the conditions of air transport, (3) every countries' legislative examples on the civil liability of aircraft's operator, (4) unlawful Interference Convention and general risk convention of 2009, (5) main contents and prospects of the revised Commercial Code for the liability of aircraft's operator etc as the followings. Meanwhile as the Aviation Act, Commercial Code and Civil Code in Korea and Japan did not regulated at all the legal basis of solution on the disputes between victims and offender for the amount of compensation for damage due to personal or property damage caused by aircraft accidents in Korea and Japan, so it has been raised many legal problems such as protection of victims, standard of decision in trial in the event of aircraft accident's lawsuit case. But the Korean Revised Commercial Code including Part VI, air transport regulations was passed by the majority resolution of the Korean National Assembly on April 29, 2011 and then the South Korean government proclaimed it on May 23 same year. The Revised Commercial Code enforced into tothe territory of the South Korea from November 24, 2011 after six month of the proclaimed date by the Korean Government. Thus, though Korean Commercial Code regulated concretely and respectively the legal relations on the liability of compensation for damage in the contract of transport by land in it's Part II (commercial activities) and in the contract of transport by sea in its Part V (marine commerce), but the Amended Commercial Act regulated newly 40 articles in it's Part VI (air transport) relating to the air carrier's contract liability on the compensation for damage caused by aircraft accidents in the air passengers and goods transport and aircraft operator's tort liability on compensation for damage caused by the sudden falling or collision of aircraft to third parties on the surface and so it was equipped with reasonable and unified system among the transport by land, marine and air. The ICAO adopted two new air law conventions setting out international compensation and liability rules for damage caused by aircraft to third parties at a diplomatic conference hosted by it from April 20 to May 2, 2009. The fight against the effects of terrorism and the improvement of the status of victims in the event of damage to third parties that may result either from acts of unlawful interference involving aircraft or caused by ordinary operation of aircraft, forms the cornerstone of the two conventions. One legal instrument adopted by the Conference is "the Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft" (Unlawful Interference Convention). The other instrument, "the Convention on Compensation for Damage Caused by Aircraft to Third Parties" (General Risk Convention), modernizes the current legal framework provided for under the 1952 Rome Convention and related Protocol of 1978. It is desirable for us to ratify quickly the abovementioned two conventions such as Unlawful Interference Convention and General Risk Convention in order to settle reasonably and justly as well as the protection of the South Korean peoples.

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"Legal Study on Boundary between Airspace and Outer Space" (영공(領空)과 우주공간(宇宙空間)의 한계(限界)에 관한 법적(法的) 고찰(考察))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.2
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    • pp.31-67
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    • 1990
  • One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

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Analytical Study for the Safety of the Bird Strike to the Small Aircraft Having a Composite Wing (복합재 주익을 갖는 소형항공기 조류충돌 시 안전성에 관한 해석적 연구)

  • Park, Ill-Kyung;Kim, Seung-Jun;Choe, Ik-Hyun;An, Seok-Min;Yeo, Chan-Hong
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.34 no.1
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    • pp.117-124
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    • 2010
  • The bird strike to small aircraft has not been an issue because of its low speed and usage as a private aircraft. So, the compliance of the bird strike regulation is limited to large fixed-wing aircraft such as the commuter category in FAR Part 23 and the civil aircraft in FAR Part 25, generally. However, the forecast of dramatic increasing of VLJ(Very Light Jet), the usage of a composite material for an aircraft structure and flight time of general aviation due to Air-taxi for the point to point transportation, would rise up the need of bird strike regulations and a safety enhancement in normal and utility categorized aircraft. In this study, the safety of bird strike to small aircraft wing leading edge made of a metal and a composite material were compared using the explicit finite element analysis.

Food Nutritional Composition of Prunus mume Siebold et Zucc: Dae Hong (대홍의 식품학적 성분 분석)

  • Kim, Il-Chool;Kim, Jung-Hyun;Lee, Yoon-Won;Kim, Young;Hur, Sang-Sun
    • Journal of the Korean Applied Science and Technology
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    • v.37 no.2
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    • pp.374-384
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    • 2020
  • This study was carried out to investigate the food value of Dae Hong(Prunus mume Siebold et Zucc), and also to analyzed contents of general component, free sugar, organic acid, amino acid, mineral element, and vitamins. The carbohydrate of Dae Hog showed the highest content of 46.8±0.92%, followed by crude protein(18.9±0.01%), moisture content(11.8±0.13%), and crude fiber, crude fat, ash(5.7±0.94~6.7±0.52%). In case of free sugar contents, 5 types were found. Most of them were mannitol and fructose. 6 mineral contents were also found, too; K and P showed the highest level. The total phenol content was 615.99±0.52 mg/100 g. Including seven different type of essential amino acids, the total amino acid content of Dae Hong was 121.42 mg/g. These results point out the potential of Dae Hong as innovative food for health or to be incorporated in new products as natural food preservatives and supplements.

A Study on Restricted Category Type Certification Procedure of Surion Derivatives Rotorcraft (수리온파생형 회전익항공기 민간 제한형식증명 획득 절차에 관한 연구)

  • Kim, Yonghee;Park, Sanghyuk;Lee, Seunghyun;Kim, Sungjin;Kang, Youngho
    • Journal of Aerospace System Engineering
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    • v.14 no.1
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    • pp.54-61
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    • 2020
  • For operating military aircraft, military certificate of airworthiness (MCA) must be obtained from military authority. Among procedures of general airworthiness certification, there is a military type certification process that aircraft design complies with military airworthiness certification criteria. The Surion is the first military rotorcraft which has obtained military type certificate, production validation and airworthiness certificate in Korea, and the Surion derivatives for special mission are being operated for government services. Based on Aviation Safety Act, in order to operate the Surion derivatives (military aircraft) for special purpose (such as emergency patient transportation and firefighting), the issuance of special airworthiness certificates was needed from civil airworthiness authority, and the restricted category type certification (RTC) is one of design approvals for special airworthiness certification to be streamlined. This study discussed the procedures for acquiring RTC for special purpose operation of the Surion derivatives classified as military derived aircraft, and suggested procedural ideas to improve Korean RTC system.

Optical thyristor operating at 1.55 μm (장파장에서 동작하는 Optical Thyristor)

  • Kim, Doo-Gun;Kim, Hyung-Soo;Jung, Sung-Jae;Choi, Young-Wan;Lee, Seok;Woo, Deok-Ha;Jhon, Young-Min;Yu, Byung-Geel
    • Korean Journal of Optics and Photonics
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    • v.13 no.2
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    • pp.146-150
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    • 2002
  • 1.55${\mu}{\textrm}{m}$ PnpN optical thyristor as a smart optical switch has potential applications in advanced optical communication systems. PnpP optical thyristors operating at 1.55${\mu}{\textrm}{m}$ are proposed and fabricated for the first time. In the optical thyristors, we employ InGaAs/InP multiple quantum well (MQW) for the active n- and p-layers. The thyristors show sufficiently nonlinear s-shape I-V characteristics and spontaneous emission. In the OFF-state, the device has a high-impedance up to switching voltage of 4.03(V). On the other hand, it has low-impedance and emits spontaneous light as a light-emitting diode in the ON-state voltage of 1.77(V), and switching voltage is changed under several light input conditions. It can be used as a header processor in optical asynchronous transfer mode (ATM), as a hard limiter in optical code division multiple access (CDMA) and as a wavelength converter in optical WDM systems.

Location error analysis of a real time locating system in a multipath environment (다중경로 환경에서 실시간 위치추적 시스템의 위치 오차 분석)

  • Myong, Seung-Il;Mo, Sang-Hyun;Lee, Heyung-Sub;Park, Hyung-Rae;Seo, Dong-Sun
    • Journal of IKEEE
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    • v.14 no.1
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    • pp.25-32
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    • 2010
  • In this paper, we analyze the location accuracy of real-time locating systems (RTLS) in multipath environments, where the RTLS complies with an ISO/IEC 24730-2 international standard. RTLS readers should have an ability not only to recover the transmitted signal but also provide arrival timing information from the received signal. In the multipath environments, in general, the transmitted signal goes through both direct and indirect paths, and then it becomes some distorted form of the transmitted signal. Such multipath components have a critical effect on deciding the first arrival timing of the received signal. To analyze the location error of the RTLS in the multipath environments, we assume two multipath components without considering an additive white Gaussian noise. Through the simulation and real test results, we confirm that the location error does not occur when the time difference between two paths is more than 1.125Tc, but the location error of about 2.4m happens in case of less than 0.5Tc. In particular, we see that the resolvability of two different paths depends largely on the phase difference for the time difference of less than 1Tc.

Development for Estimation Improvement Model of Wind Velocity using Deep Neural Network (심층신경망을 활용한 풍속 예측 개선 모델 개발)

  • Ku, SungKwan;Hong, SeokMin;Kim, Ki-Young;Kwon, Jaeil
    • Journal of Advanced Navigation Technology
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    • v.23 no.6
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    • pp.597-604
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    • 2019
  • Artificial neural networks are algorithms that simulate learning through interaction and experience in neurons in the brain and that are a method that can be used to produce accurate results through learning that reflects the characteristics of data. In this study, a model using deep neural network was presented to improve the predicted wind speed values in the meteorological dynamic model. The wind speed prediction improvement model using the deep neural network presented in the study constructed a model to recalibrate the predicted values of the meteorological dynamics model and carried out the verification and testing process and Separate data confirm that the accuracy of the predictions can be increased. In order to improve the prediction of wind speed, an in-depth neural network was established using the predicted values of general weather data such as time, temperature, air pressure, humidity, atmospheric conditions, and wind speed. Some of the data in the entire data were divided into data for checking the adequacy of the model, and the separate accuracy was checked rather than being used for model building and learning to confirm the suitability of the methods presented in the study.

Effects of Fume silica on synthesis of New Austria Tunnel Method Resin for new material in space aviation (우주항공의 신소재를 위한 New Austria Tunnel Method 수지합성에 대한 Fume silica의 영향)

  • Kim, Kijun;Lee, Jooho;Park, Taesul;Lee, Joo-Youb
    • Journal of the Korean Applied Science and Technology
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    • v.31 no.4
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    • pp.595-601
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    • 2014
  • The microstructures of NATM were examined by SEM, FT-IR spectra, tensile properties, mole % of [NCO/OH], and particle size analyzer. Growing concerns in the environment-friendly industries have led to the development of solvent-free formulations that can be cured. We had synthesized NATM(New Austria Tunnel Method) resin having the ability to protect stainless steel against corrosion. Comparing with general NATM resin and coatings, this resin that synthesized with polyurethane and epoxy was highly stronger in intensity and longer durability. Hybrid resin was composed of polyols, MDI, epoxy, silicone surfactant, catalyst and crosslink agent, and fillers. Moreover, fillers such as fume silica not only accelerated the curing rate but also improved the physical property as thermal barriers. The rigid segments of synthetic resin in mechanical properties were due to fume silica and the increase the mole% of [NCO/OH] for corrosion protection. In conclusion, the hybrid resin microstructure with crosslink agent and fume silica are good material for thermosetting coating of metal substrates such as stainless steel.