• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.279-310
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• 2015

The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.147-176
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• 2011

China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

• The Journal of the Korea Contents Association
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• v.8 no.2
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• pp.195-204
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• 2008

With the growth of airline management, as well as computer and IT security, the international trade in this modern society has been rapidly increasing, Along with the advancing, airplanes have become a universal means of communication. However, the complications associated with airplane safety have also been brought up as a result, the most concerning of which is terrorism. One of the main counterplans for preventing terrorism is Ground security activities the core of Ground security activities is absolute safety for passengers in both passenger terminal and freight terminal. Subastral security refers to physical protection, proximity control and 100% security search and freight guarding of the passengers' possessions, and the personnel's duties to perform such jobs are be! coming more crucial. On the other hand, Airport security check has bee n gradually developing since the 1960's, when hijacking began to take place. Although the airports have been providing more safe and comfortable services to their customers, terrorism is still happening today. When Ground security activities is minute, the users feel displeasure and discomfort, yet considering solely their convenience can brings problems in achieving safety. Since the 9.11 terror in 2001, the idea of improving and strengthening airport security was reinforced and a considerable amount of estate is being spent today for invention and application of new technology. Various nations, including the United States, have been improving their systems of security through public services; public police department is actively carrying out their duties in airports as well. In San Francisco International Airport, private police department is in charge of collection of data, national events, VIP protection, law enforcement, cooperation within facilities, daily-based patrol and traffic control. Under guidance and supervision of national organizations, such as TSA, general police department interprets X-Rays, operates metal detectors, checks passports or IDs and observes reactions to explosives. Under these circumstances, studies about advancement of cooperation and duties of general police department and private police department necessitated: especially about private police department and their training for searching equipments, decrease in number of turn over rate, invention of technology and prior settlement in estate for security. The privacy of the public, who make up the major population of airport passengers, must also be minimized. In the following research, the activities of police departments in San Francisco International Airport will be analyzed in order to understand recent actions of the United States on airport security.

• Korean Journal of Remote Sensing
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• v.23 no.4
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• pp.323-334
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• 2007

We analyzed the ocean environmental data from water sample and automatic measurement instruments with the Incheon-Jeju passenger ship for 18 times during 4 years from 2001 to 2004. The objectives of this study are to monitor the spatial and temporal variations of ocean environmental parameters in coastal waters of the Yellow Sea using water sample analysis, and to compare and analyze the reliability of automatic measurement sensors for chlorophyll and turbidity using in situ measurements. The chlorophyll concentration showed the ranges between 0.1 to $6.0mg/m^3$. High concentrations occurred in the Gyeonggi Bay through all the cruises. The maximum value of chlorophyll concentration was $16.5mg/m^3$ in this area during September 2004. The absorption coefficients of dissolve organic matter at 400 nm showed below $0.5m^{-1}$ except those in August 2001 During 2002-2003, it did not distinctly change the seasonal variations with the ranges 0.1 to $0.4m^{-1}$. In the case of suspended sediment (SS) concentration, most of the area showed below $20g/m^3$ through all seasons except the Gyeonggi Bay and around Mokpo area. In general SS concentration of autumn and winter season was higher than that of summer. The central area of the Yellow Sea appeared to have lower value $10g/m^3$. The YSI fluorometer for chlorophyll concentration had a very low reliability and turbidity sensor had a $R^2$ value of 0.77 through the 4 times measurements comparing with water sampling method. For the automatic measurement using instruments for chlorphlyll and suspended sediment concentration, McVan and Choses sensor was greater than YSI multisensor. The SeaWiFS SS distribution map was well spatially matched with in situ measurement, however, there was a little difference in quantitative concentration.

• Journal of Korea Port Economic Association
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• v.37 no.4
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• pp.127-144
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• 2021

The purpose of this study is to derive service factors based on the "Rail Statistical Yearbook" data of railroad service providers from 1990 to 2019, and to analyze the effect of the service factors on the operating profit ratio(OPR), a representative management performance variable of railroad transport service providers. In particular, it has academic significance in terms of empirical research to evaluate whether the management innovation of the KoRail has changed in line with the purpose of establishing the corporation by dividing the research period into the first period (1990-2003) and the latter (2004-2019). The contents of this study investigated previous studies on the quality of railway passenger transportation service and analyzed the contents of government presentation data related to the management performance evaluation of the KoRail. As an empirical analysis model, a research model was constructed using OPR as a dependent variable and service factor variables of infrastructure, economy, safety, connectivity, and business diversity as explanatory variables based on the operation and management activity information during the analysis period 30 years. On the results of research analysis, OPR is that the infrastructure factor is improved by structural reform or efficiency improvement. And economic factors are the fact that operating profit ratio improves by reducing costs. The safety factor did not reveal the significant explanatory power of the regression coefficient, but the sign of influence was the same as the prediction. Connectivity factor reveals a influence on differences between first period and latter, but OPR impact direction is changed from negative in before to positive in late. This is an evironment in which connectivity is actually realized in later period. On diversity factor, there is no effect of investment share in subsidiaries and government subsidies on OPR.

• Science of Emotion and Sensibility
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• v.25 no.1
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• pp.3-20
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• 2022

Recently, prior to the commercialization of urban air mobility (UAM), the importance of R&D for air transportation-related industries in urban areas has significantly increased. To create a UAM environment, research is being conducted on personal air vehicles (PAVs). They are key means of air transportation, but research on the physical factors influencing their passengers is relatively insufficient. In particular, because the PAV is expected to be used as a living space for the passengers, research on the effects of the physical elements generated in the PAV on the human body is essential to design an interior space that supports the in-vehicle activities of the passengers. Therefore, the purpose of this study is to derive the constraint factors that affect the human body due to the air navigation characteristics of the PAV and to understand the impact of these constraint factors on the bodies of the passengers performing in-vehicle activities. The results of this study indicate that when the PAV was operated at less than 4,000 ft, which is the operating standard, the constraint factors were noise, vibration, and motion sickness caused by low-frequency motion. These constraint factors affect in-vehicle activity; thus, the in-vehicle activities that can be performed in a PAV were derived using autonomous cars, airplanes, and PAV concept cases. Furthermore, considering the impact of the constraint factors and their levels on the human body, recommended constraint factor criteria to support in-vehicle activities were established. To reduce the level of impact of the constraint factors on the human body and to support in-vehicle activity, the seat's shape and built-in functions of the seat (vibration reduction function, temperature control, LED lighting, etc.) and external noise reduction using a directional speaker for each individual seat were recommended. Moreover, it was suggested that interior materials for noise and vibration reduction should be used in the design of the interior space. The contributions of this study are the determination of the constraint factors affecting the in-vehicle PAV activity and the confirmation of the level of impact of the factors on the human body; in the future, these findings can be used as basic data for suitable PAV interior design.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.2
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• pp.188-196
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• 2023

Among marine accidents caused by bad weather, visibility restrictions caused by sea fog occurrence cause accidents such as ship strand and ship bottom damage, and at the same time involve casualties caused by accidents, which continue to occur every year. In addition, low visibility at sea is emerging as a social problem such as causing considerable inconvenience to islanders in using transportation as passenger ships are collectively delayed and controlled even if there are local differences between regions. Moreover, such measures are becoming more problematic as they cannot objectively quantify them due to regional deviations or different criteria for judging observations from person to person. Currently, the VTS of each port controls the operation of the ship if the visibility distance is less than 1km, and in this case, there is a limit to the evaluation of objective data collection to the extent that the visibility of sea fog depends on the visibility meter or visual observation. The government is building a marine weather signal sign and sea fog observation networks for sea fog detection and prediction as part of solving these obstacles to marine traffic safety, but the system for observing locally occurring sea fog is in a very insufficient practical situation. Accordingly, this paper examines domestic and foreign policy trends to solve social problems caused by low visibility at sea and provides basic data on the need for government support to ensure maritime traffic safety due to sea fog by factually investigating and analyzing social problems. Also, this aims to establish a more stable maritime traffic operation system by blocking marine safety risks that may ultimately arise from sea fog in advance.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.9-53
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• 2004

This paper described the contents of theme entitled "Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea" including the current example of fourteen countries' legislation ((1) Great Britain, (2) United States of America, (3) Canada, (4)European Union), (5) Germany, (6) France, (7) Italy, (8) Spain, (9) Swiss, (10) Australia, (11) Japan, (12) People's Republic of China, (13) Taiwan, (14) North Korea) relating to the aviation law or air transport law. Though the Korean and Japanese aviation act has provided only the public items such as (1) registration of aircraft, (2) persons engaged in aviation, (3) operation of aircraft, (4) aviation facilities including airport, (5) air transport business, (6) investigate of aircraft accidents etc., but they could not regulated the private items such as the legal relations of the air transport contract (1) air passenger ticket, (2) air luggage ticket, (3) airway bill, (4) liability of air carrier, (5) amount of compensation for damage caused by aircraft accidents, (6)jurisdiction, (7) arbitration, (8) limitation of action, (9) combined carriage, (10) carriage by air performed by an actual carrier other than contracting carrier, damage caused by aircraft to the third parties etc. in their aviation act until now. In order to solve speedily the legal problems on the limitation of air carrier's liability and long law suit and disputes between wrongdoers and survivors etc, it is necessary and desirable for us to enact a new "Draft for the Air Transport Act" including the abovementioned private items. I would like to propose personally and strongly the legislation of "Draft for the Air Transport Act" in Korea in emphasizing the importance of ensuring protection of the interests of consumers air passengers and shippers in carriage by air and the need for equitable compensation between air carriers and survivors caused by the aircraft accidents such as the German Air Transport Act (Luftverkerhrsgesetz).

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.225-285
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• 2017

In regard to the regulations related to the RPA(Remotely Piloted Aircraft), which is sometimes called in other countries as UA(Unmanned Aircraft), ICAO stipulates the regulations in the 'RPAS manual (2015)' in detail based on the 'Chicago Convention' in 1944, and enacts provisions for the Rules of UAS or RPAS. Other contries stipulates them such as the Federal Airline Rules (14 CFR), Public Law (112-95) in the United States, the Air Transport Act, Air Transport Order, Air Transport Authorization Order (through revision in "Regulations to operating Rules on unmanned aerial System") based on EASA Regulation (EC) No.216/2008 in the case of unmanned aircaft under 150kg in Germany, and Civil Aviation Act (CAA 1998), Civil Aviation Act 101 (CASR Part 101) in Australia. Commonly, these laws exclude the model aircraft for leisure purpose and require pilots on the ground, not onboard aricraft, capable of controlling RPA. The laws also require that all managements necessary to operate RPA and pilots safely and efficiently under the structure of the unmanned aircraft system within the scope of the regulations. Each country classifies the RPA as an aircraft less than 25kg. Australia and Germany further break down the RPA at a lower weight. ICAO stipulates all general aviation operations, including commercial operation, in accordance with Annex 6 of the Chicago Convention, and it also applies to RPAs operations. However, passenger transportation using RPAs is excluded. If the operational scope of the RPAs includes the airspace of another country, the special permission of the relevant country shall be required 7 days before the flight date with detail flight plan submitted. In accordance with Federal Aviation Regulation 107 in the United States, a small non-leisure RPA may be operated within line-of-sight of a responsible navigator or observer during the day in the speed range up to 161 km/hr (87 knots) and to the height up to 122 m (400 ft) from surface or water. RPA must yield flight path to other aircraft, and is prohibited to load dangerous materials or to operate more than two RPAs at the same time. In Germany, the regulations on UAS except for leisure and sports provide duty to avoidance of airborne collisions and other provisions related to ground safety and individual privacy. Although commercial UAS of 5 kg or less can be freely operated without approval by relaxing the existing regulatory requirements, all the UAS regardless of the weight must be operated below an altitude of 100 meters with continuous monitoring and pilot control. Australia was the first country to regulate unmanned aircraft in 2001, and its regulations have impacts on the unmanned aircraft laws of ICAO, FAA, and EASA. In order to improve the utiliity of unmanned aircraft which is considered to be low risk, the regulation conditions were relaxed through the revision in 2016 by adding the concept "Excluded RPA". In the case of excluded RPA, it can be operated without special permission even for commercial purpose. Furthermore, disscussions on a new standard manual is being conducted for further flexibility of the current regulations.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.201-248
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• 2015

In Korea the number of unlawful interference act on board aircrafts has been increased continuously according to the growth of aviation demand, and there were 55 incidents in 2000, followed by 354 incidents in 2014, and an average of 211 incidents a year over the past five years. In 1963, a number of states adopted the Convention on Offences and Certain Other Acts Committed on Board Aircraft (the Tokyo Convention 1963) as the first worldwide international legal instrument on aviation security. The Tokyo Convention took effect in 1969 and, shortly afterward, in 1970 the Convention for the Suppression of Unlawful Seizure of Aircraft(the Hague Convention 1970) was adopted, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(the Montreal Convention 1971) was adopted in 1971. After 9/11 incidents in 2001, to amend and supplement the Montreal Convention 1971, the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation(the Beijing Convention 2010) was adopted in 2010, and to supplement the Hague Convention 1970, the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft(the Beijing Protocol 2010) was adopted in 2010. Since then, in response to increased cases of unruly behavior on board aircrafts which escalated in both severity and frequency,, the Montreal Protocol which is seen as an amendment to the Convention on Offences and Certain Other Acts Committed on Board Aircraft(the Tokyo Convention 1963) was adopted in 2014. Korea ratified the Tokyo Convention 1963, the Hague Convention 1970, the Montreal Convention 1971, the Montreal Supplementary Protocol 1988, and the Convention on the Marking of Plastic Explosive 1991 which have proven to be effective. Under the Tokyo Convention ratified in 1970, Korea further enacted the Aircraft Navigation Safety Act in 1974, as well as the Aviation Safety and Security Act that replaced the Aircraft Navigation Safety Act in August 2002. Meanwhile, the title of the Aviation Safety and Security Act was changed to the Aviation Security Act in April 2014. The Aviation Security Act is essentially an implementing legislation of the Tokyo Convention and Hague Convention. Also the language of the Aviation Security Act is generally broader than the unruly and disruptive behavior in Sections 1-3 of the model legislation in ICAO Circular 288. The Aviation Security Act has reflected the considerable parts of the implementation of national legislation under the Beijing Convention and Beijing Protocol 2010, and the Montreal Protocol 2014 that are the modernized international conventions relating to aviation security. However, in future, when these international conventions would come into effect and Korea would ratify them, the national legislation that should be amended or provided newly in the Aviation Security Act are as followings : The jurisdiction, the definition of 'in flight', the immunity from the actions against the aircraft commander, etc., the compulsory delivery of the offender by the aircraft commander, etc., the strengthening of penalty on the person breaking the law, the enlargement of application to the accomplice, and the observance of international convention. Among them, particularly the Korean legislation is silent on the scope of the jurisdiction. Therefore, in order for jurisdiction to be extended to the extra-territorial cases of unruly and disruptive offences, it is desirable that either the Aviation Security Act or the general Crime Codes should be revised. In conclusion, in order to meet the intelligent and diverse aviation threats, the Korean government should review closely the contents of international conventions relating to aviation security and the current ratification status of international conventions by each state, and make effort to improve the legislation relating to aviation security and the aviation security system for the ratification of international conventions and the implementation of national legislation under international conventions.