• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.207-244
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• 2015

Aviation safety is the stage in which the risk of harm to persons or of property damage is reduced to, and maintained at or below, an acceptable level through a continuing process of hazard identification and risk management. Many accidents and incidents have been taking place since 2014, while there had been relatively safer skies before 2014. International civil aviation community has been exerting great efforts to deal with these emerging issues, thus enhancing and ensuring safety throughout the world over the years. The Preamble of the Chicago Convention emphasizes safety and order of international air transport, and so many Articles in the Convention are related to the safety. Furthermore, most of the Annexes to the Convention are International Standards and Recommended Practices pertaining to the safety. In particular, Annex 19, which was promulgated in Nov. 2013, dealing with safety management system. ICAO, as law-making body, has Air Navigation Commission, Council, Assembly to deliberate and make decisions regarding safety issues. It is also implementing USOAP and USAP to supervise safety functions of member States. After MH 370 disappeared in 2014, ICAO is developing Global Tracking System whereby there should be no loophole in tracking the location of aircraft anywhere in world with the information provided by many stakeholders concerned. MH 17 accident drove ICAO to install web-based repository where information relating to the operation in conflict zones is provided and shared. In addition, ICAO has been initiating various solutions to emerging issues such as ebola outbreak and operation under extreme meteorological conditions. Considering the necessity of protection and sharing of safety data and information to enhance safety level, ICAO is now suggesting enhanced provisions to do so, and getting feedback from member States. It has been observed that ICAO has been approaching issues towards problem-solving from four different dimensions. First regarding time, it analyses past experiences and best practices, and make solutions in short, mid and long terms. Second, from space perspective, ICAO covers States, region and the world as a whole. Third, regarding stakeholders it consults with and hear from as many entities as it could, including airlines, airports, community, consumers, manufacturers, air traffic control centers, air navigation service providers, industry and insurers. Last not but least, in terms of regulatory changes, it identifies best practices, guidance materials and provisions which could become standards and recommended practices.

• Journal of Korean Home Economics Education Association
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• v.21 no.3
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• pp.1-28
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• 2009

The purpose of this research was to provide the information needed for improving the elderly housing education and the elderly housing contents of Technology and Home Economics textbook. Thus, the elderly housing contents of current Technology and Home Economics textbook were categorized. Then, a total of 233 teachers were surveyed to examine their importance perception on the elderly housing contents. Elderly housing contents were grouped into S categories, each of which was named 'safety and safety management', 'room plan for the elderly', 'shrinking stage in family life cycle and dependency stage in housing life cycle','a house for 3-generation extended family', and 'universal design'. Teachers' importance perception was generally high for 'safety and safety management' and especially for 'safety and safety management' of bathroom(protection against slippery floor, safety bar, the appropriate position and height of shower, bathtub, and wash stand) ; the basic guidelines of 'room plan for the elderly'(emergency call, closely located bathroom, flat and non-slippery floor) ; the general guidelines during shrinking stage in family life cycle and dependency stage in housing life cycle'(protection equipments against safety accident, emergency call, flat and non-slippery floor) ; independent life among 3-generation extended family members(bathroom for the elderly, space plan for independent life among extended family members) ; the basic design guidelines of universal design(safety bar in bathroom, flat floor) and the guidelines of universal design which were especially helpful for wheelchair users(enough empty space in front of door and in corridor, wide door and corridor). Recommendations for the elderly housing education and the elderly housing contents of Technology and Home Economics textbook were that 'emergency call','safety bar in bathroom' and 'flat and non-slippery floor' were the most basic guidelines for elderly housing; that 'enough empty space in front of door and in corridor', 'wide door and corridor', 'low and wide steps', 'ramp for wheelchair users' and 'D-type or lever-type door handle' were most recommendable guidelines for universal design; that 'need for elderly housing', 'types of elderly housing', 'alternatives and choices of dependency stage in housing life cycle' and 'house plans for shrinking stage in family life cycle' were required guidelines for increasing elderly-only family.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.3-54
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• 2014

The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.67-95
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• 2014

Some Contracting States of the Chicago Convention issue FAOC(Foreign Air Operator Certificate) and conduct various safety assessments for the safety of the foreign operators which operate to their state. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident. FAOC also burdens the other contracting States to the Chicago Convention due to additional requirements and late permission. EASA(European Aviation Safety Agency) is a body governed by European Basic Regulation. EASA was set up in 2003 and conduct specific regulatory and executive tasks in the field of civil aviation safety and environmental protection. EASA's mission is to promote the highest common standards of safety and environmental protection in civil aviation. The task of the EASA has been expanded from airworthiness to air operations and currently includes the rulemaking and standardization of airworthiness, air crew, air operations, TCO, ATM/ANS safety oversight, aerodromes, etc. According to Implementing Rule, Commission Regulation(EU) No 452/2014, EASA has the mandate to issue safety authorizations to commercial air carriers from outside the EU as from 26 May 2014. Third country operators (TCO) flying to any of the 28 EU Member States and/or to 4 EFTA States (Iceland, Norway, Liechtenstein, Switzerland) must apply to EASA for a so called TCO authorization. EASA will only take over the safety-related part of foreign operator assessment. Operating permits will continue to be issued by the national authorities. A 30-month transition period ensures smooth implementation without interrupting international air operations of foreign air carriers to the EU/EASA. Operators who are currently flying to Europe can continue to do so, but must submit an application for a TCO authorization before 26 November 2014. After the transition period, which lasts until 26 November 2016, a valid TCO authorization will be a mandatory prerequisite, in the absence of which an operating permit cannot be issued by a Member State. The European TCO authorization regime does not differentiate between scheduled and non-scheduled commercial air transport operations in principle. All TCO with commercial air transport need to apply for a TCO authorization. Operators with a potential need of operating to the EU at some time in the near future are advised to apply for a TCO authorization in due course, even when the date of operations is unknown. For all the issue mentioned above, I have studied the function of EASA and EU Regulation including TCO Implementing Rule newly introduced, and suggested some proposals. I hope that this paper is 1) to help preparation of TCO authorization, 2) to help understanding about the international issue, 3) to help the improvement of korean aviation regulations and government organizations, 4) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.9-39
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• 2003

The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

• Journal of Digital Convergence
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• v.10 no.10
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• pp.491-496
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• 2012

This study tried to analyze symbolism of the work from the title by looking into its linguistic meaning. The title not only exposes artist's thoughts but also speaks for the work subject. Also, it designates the world composed of characters in the work, and further it can be said as endowing overall meaning on the entire work by suggesting possibility of limitless meaning invention as well. As a result of reviewing the symbolism shown at the title after analyzing such points through linguistic contexts, the title named with Adam's language was used for just expressing the essence of characters in the work by transcending time and space, and the title meaning exposed relational aspects between characters and occurred accidents through the association process on 'signifiant' and 'signifie.' These relational aspects are expressed to mutual contraposition, but their relations finally show another one orientation too. In case of the title made by the arbitrary nature of language, a fact could be known that it was results of customs completely unrelated with the practical work and depended on the experience by any accident as being appeared from cultural background of the country where the work was produced. Also, the signification of language occurred in unique regulations and systems, and it was relevant to seeing things through concepts. The proper noun was disappeared, and the symbolism was given again from relational aspects accordingly. It was turn out that similarity between the work and title contained contents of entire work, and played a role of expressing greed in the narrative briefly.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.15 no.1
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• pp.28-38
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• 2016

Cooperative-Intelligent Transport Systems (c-ITS) has emphasized a real-time traffic safety service in urgent situations among highway infrastructure and four-wheeled vehicles, while two-wheeled vehicles, e.g. bicycles and motorcycle, sharing highway space and endangering highway safety, have yet been out of its interest. This paper delivers the results of a study conducted to analyze the patterns of two-wheeled-vehicle traffic accidents experienced in the past, the last three years (2011~2013), and to propose the types of service enhancing the safety of the riders of those. It was found from the analysis of historical accident data that the side collision on a link section should be taken care of for further safety treatment, while the old female drivers need additional care to decrease their fatality rate. By combining the services proposed for bicycles and motorcycles, this paper proposes (1) eight different bicycle-to-everything (B2X) services which can be eventually provided in c-ITS and (2) three of those that would be available in the near future with the current communication technologies.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.32 no.6D
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• pp.549-556
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• 2012

Longitudinal tunnels are defined as tunnels with length of over 1km. Because of Korea's topographical conditions and as safety measures for linear design, many tunnels are inevitably being constructed in Korea. The number of longitudinal tunnels constructed on expressways amounted to 104 as of the end of 2010 with a total length of 192km. Given the increasing demand for tunnels and the increasing length of tunnels, a safety evaluation of longitudinal tunnels needs to be conducted. As such, this study selected design elements, transportation environment and delineation system as elements to check and tried to determine factors influencing road crashes. For this, tunnels have been classified based on history of crashes; ones with crashes and ones without crashes and statistically meaningful explanatory variables were selected. By using these variables, a logit model was development in order to better grasp the factors that directly and strongly influence crashes. The result, related to crashes as well as the analysis were utility tunnel interior materials of driving lane and passing lane, which are related to driver's visibility, lateral width widening to consolidate space in a tunnel, and annual average daily traffic (AADT) per lane. These results may be used in the future as analysis indicators when drawing up plans to prevent crashes in longitudinal tunnels.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.29 no.1
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• pp.11-20
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• 2011

This study aimed to devise the method to construct safe and convenient bicycle road by considering the peripheral environmental factor related to using bicycle. Analyzing the existing design of bicycle road and construction case, this study established the method to design bicycle road that reflects site condition and presented the optimal design method for each type of bicycle road to construct safe and convenient bicycle road by analyzing the type of traffic accident for each type of bicycle road, surveying present situation and local survey. It was found that the optimum design of bicycle road for specification, width, curve radius, ascending slope, etc in consideration of peripheral environment and separating traffic between users of traffic means should be done by installing safety sign, safe facilities and separation facilities to design safe bicycle road. Further, the minimum traffic space of bicycle users and connection between bicycle roads should be ensured to design safe bicycle road. It is judged that information related to safety and convenience of bicycle road such as slope, route information, location of convenience facilities, information to the public traffic should be provided so as to activate the users of bicycle.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.36 no.11B
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• pp.1346-1356
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• 2011

Transportation has been playing important role in our society by providing for people, freight, and information. However, it cuts its own throat by causing car accidents, traffic congestion, and air pollution. The main cause of these problems is a noticeable growth in the number of vehicles. The easiest way to mitigate these problems is to build new road infrastructures unless resources such as time, money, and space are limited. Therefore, there is a need to manage the existing road infrastructures effectively and safely. In this paper, we propose a road reservation scheme that provides fast and safe response for emergency vehicles using ubiquitous sensor network. Our idea is to allow emergency vehicle to reserve a road on a freeway for arriving to the scene of the accident quickly and safely. We evaluate the performance by three reservation method (No, Hop, and Full) to show that emergency vehicles such as ambulances, fire trucks, or police cars can rapidly and safely reach their destination. Simulation results show that the average speed of road reservation is about 1.09 ~ 1.20 times faster than that of non-reservation at various flow rates. However, road reservation should consider the speed of the emergency vehicle and the road density of the emergency vehicle processing direction, as a result of Hop Reservation and Full Reservation performance comparison analysis. We confirm that road reservation can guarantee safe driving of emergency vehicles without reducing their speed and help to mitigate traffic congestion.