DOI QR코드

DOI QR Code

A Study on the Judicial Judgment of Flight Regulations under the Aviation Safety Act

항공안전법상 운항규정의 사법적 판단에 관한 고찰

  • 김성미 (한국항공대학교 항공우주법학전공) ;
  • 안희복 (한국항공대학교 항공우주법학전공) ;
  • 여운진 (한국항공대학교 항공우주법학전공) ;
  • 황호원 (한국항공대학교 항공교통물류학부)
  • Received : 2023.08.28
  • Accepted : 2023.09.04
  • Published : 2023.09.30

Abstract

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.

Keywords

References

  1. Ahn, H. B., and Heo, J., "A study on the improvement of disposition system for aviation workers," Journal of Korean Aviation Studies, 29(4), 2021, pp.55-66. https://doi.org/10.12985/ksaa.2021.29.4.052
  2. Convention on International Civil Aviation, "Doc7300, Article 6".
  3. ICAO, "Annex 6 (Operation of Aircraft)", 8th edition, 2018, 4.2.1.1, 4.2.1.2.
  4. FAA, "Flight Standards Information System Vol 3.
  5. "FOM (Asiana Airlines, Air Busan, T'way Air, JinAir)".
  6. ICAO Doc 8335, "Manual of Procedures for Operations Inspection, Certification and Continued Surveillance", 5th edition, 2010, xvi.
  7. Hanseo University, "A Study on Establishment of Standardization of Operation Regulations for Air Carriers", Ministry of Land, Infrastructure and Transport, 2020, pp.1-29.
  8. Kang, D. Y., "Measures to improve effective general operational manuals for enhancing aviation safety", M.S. Thesis, Korea Aerospace University, February 2022.
  9. Lee, K. H., "A study on the operational certification system for foreign airlines in the chicago convention system", Journal of Aerospace Policy and Law, 30(1), 2015, p.35.
  10. Ministry of Government Legislation, "Law Drafting Review Criteria", 2020, p.125, pp. 135-136.
  11. Ministry of Land, Infrastructure and Transport, "Guidelines for Operational Certification (AOC) Procedures", 2012.10, pp.4-7.
  12. Ministry of Land, Infrastructure and Transport, "Administrative Disposition of Airlines for Violating Safety Regulations... 934 million won fine", Available: https://blog.naver.com/mltmkr/222273322315, accessed on 12 March. 2021.