• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.363-384
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• 2003

The Military Airbase Law has designated imaginary surface, restricting the height of structure above the imaginary surface. The purpose of establishment of imaginary surface is to promote safety of aircraft operation. However, given the fact that the land is limited, the Military Airbase Law does not set up outer horizontal surface such that the reduced imaginary surface would undermine the safety of aircraft operations with respect to IFR (Instrument Flight Rules) procedures. The fact that some areas which IFR procedures require are not designated as imaginary surface results in no imposition of height restriction on such area. With regard to aviation safety, this article deals with issue of height restriction on area which is beyond the imaginary surface area. This article also examines the establishment of the imaginary surface in the Military Airbase Law, and conducts case study of imaginary surface systems in other country. Based upon this discussion, the current problems posed in the Military Airbase Law will be discussed. To resolve these problems, it is necessary to establish height restriction zone beyond the current imaginary surface area. The provisions of ICAO, FAA and other counties in relation with this issue are referred as well. As a result, many different proposals are suggested, and it is concluded as the most effective proposal that, in certain zone beyond the imaginary surface area, an aeronautic study should be required for the purpose of ensuring aviation safety before a permit of construction higher than prescribed height is issued.

• Proceedings of the Korean Society of Computer Information Conference
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• 2018.07a
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• pp.301-302
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• 2018

본 논문에서는 대한민국 공항 관제권 구역과 비행금지구역을 표시하는 API를 이용하여 드론비행금지구역을 나타내는 서비스를 구현한 결과를 보인다. GIS(Geographic Information System) 응용 프로그램인 QGIS에 WMS(Web Map Service)를 이용하여 오픈 API를 연동하였다. 항공정보도 API로부터 얻은 관제권 및 비행금지구역, 비행제한구역 레이어 등을 결합하여 드론 비행금지구역에 대한 데이터를 가진 새로운 레이어를 생성하였다.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.26 no.3D
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• pp.511-517
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• 2006

In this paper, we studied the techniques to analyze the flying safety area focused on the air base rules for military that has been the criteria of the altitude restrictions around the airfield for both civilian and military purposes in Korea. We wanted to present the effective method to analyze the restricted area and to help solving problems that could result recently from the altitude restrictions around the airfield at the beginning of the development projects. To do this we proposed the methods to effectively generate the model of the flying safety area in accordance with the air base rules using 3D GIS techniques and to automatically identify the obstructions caused by the natural and man-made features in those areas. To apply the proposed methods actually to the airfield chosen for the study area, we presented the approaches to generate geospatial informations based on the commercial digital maps and satellite imagery and by generating the flying safety area model, identifying the obstructions, and visualizing the integrated model for the flying safety area analysis we showed the practical usability of the proposed techniques.

• Journal of Korean Society of Transportation
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• v.20 no.5
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• pp.55-66
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• 2002

In many countries the principle of shielding is employed to permit a more logical approach to restricting new construction and prescribing obstacle marking and lighting. It also reduces the number of cases of new construction requiring review by authorities. Shielding principles are employed when some object, an existing building or natural terrain, already penetrates above one of the obstacle limitation surfaces described in Annex 14. If it is considered that the nature of an object is such that its presence may be permanent, then additional objects within a specified area around it may be permitted to penetrate the surface without being considered as obstacle. The shielding effect of immovable obstacles laterally in final approach and missed approach areas is more uncertain. In certain circumstances, it nay be advantageous to preserve existing unobstructed cross section areas, particularly when the obstacle is close to the runway. This would guard against future changes in either approach or take-off climb area specifications or the adoption of a turned take-off procedure.

• Journal of Korean Society of Transportation
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• v.23 no.6 s.84
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• pp.41-53
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• 2005

The effective utilization of an airport is considerably influenced by natural features and man-made structures inside and outside its boundary. These obstacles affect the airspace available for approaches and departures and the weather minima which dictates the necessary weather conditions for aircraft to be allowed to take-off or land. Certain areas of the airspace near airports must be regarded as the integral parts of the airport system. The availability of the required airspace is as important as are the runway and their associated strips to the safe and efficient use of the airport. For these reasons, ICAO and the member states have established the standards regarding the obstacle limitation surfaces and regulated the construction of the man-made structures in and beyond the surfaces. Existing objects that extend above a obstacle limitation surfaces should as for as practicable be removed except when, in the opinion of the appropriate authority, an objects is shielded an existing immovable objects, or after aeronautical study it is determined that the object would not adversely affect the safety or significantly affect the regularity of operations of airplanes. However, Korea's aviation law does not specified the outer horizontal surface in the obstacle limitation surfaces, while ICAO and most member states do. The absence of the outer horizontal surface regulation has created legal disputes between regulating agencies and private parties. The case study in this paper found that a skyscraper planned beyond Korea's obstacle limitation surfaces does affect the flight safety and the efficient use of an airport. Therefore, in areas beyond the obstacle limitation surfaces. those objects which extend to a height of 150m or more above ground elevation should be regarded as obstacle, unless a special aeronautical study indicates that they do not constitute a hazard to airplanes. We proposed low alternative regulatory schemes for resolving the issues raised in this paper, and we recommended to adopt ICAO's standards and recommended practices.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

• Proceedings of the KOR-KST Conference
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• 1998.10b
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• pp.453-453
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• 1998

우리나라가 관할하는 공역의 넓이는 약 40만$\textrm{km}^2$로 주한미군이 1952년부터, 국방부가 1958년부터 관리해 오다가 1995년에 건설교통부가 공역관리 업무를 인수하였다. 우리나라의 공역(대구 FIR)에는 비행금지구역, 비행제한구역, 위험구역, 경제구역, 훈련구역, 군작전구역 등 무려 114개의 특수목적 공역이 설정되어 있어 민항공기의 운항이 자유롭지 못하다. 또한 내륙을 중심으로 14개의 접근관제규역이 설정되어 있고 각기 관할구역에 대하여 배타적인 권리를 행사함으로써 신공항건설에 따라 운항이 필요한 소요공역 확보에도 애로가 많은 실정이다. 항로는 국내항로 5개, 국제항로 11개 등 모두 16개의 항로를 운영하고 있으나 대부분 한 개의 항로를 양방향으로 운영하고 있어 교통량 처리가 어려운 실정이고 항공교통량 전체의 75%가 수도권으로 집중되는 현상이 나타나 안전도 확보에도 지장을 주고 있다. 우리나라는 군사적 특수성 때문에 군의 작전비행 활동이 상당히 많으나 관제 및 비행절차에 관한 규정을 군과 민이 각각 달리 운영하고 있는 문제점들이 있다. 금번 세미나에서는 군의 작전활동을 유지하면서 민 항공의 안전성, 경제성 등을 확보하기 위하여 1)국제민간항공기가 제정한 공역등급화(ATS Air Space Spacification)방안, 2)접근관제구역의 조정개선 방안 3)특수공역의 합리적 운영방안, 4)항로의 적선화, 복수의 일방통행 항로 확보 및 국제연결 항로의 다양한 방안, 5)군민간의 관제규정의 일원화 방안 등을 제안하고자 한다.

• The Journal of Korea Institute of Information, Electronics, and Communication Technology
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• v.15 no.6
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• pp.457-462
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• 2022

Recently, a variety of cultural life using drones as an entertainment tool has been created, and in order to realize this, more and more users are using drones with good performance enough to invade the no-flight zone. Drones for satisfying entertainment activities must have long flight times and be able to fly long distances, which can often cause great damage by invading no-flight zones or causing unwanted flight crashes. In this study, in order to solve this problem, a no-flight zone is set with GCS(Ground Control System), and when flying at a critical speed of 10km/h or less, the drone is safely operated by not entering the critical distance 10m away from the no-flight zone, and the critical speed A method was proposed to prevent the drone from entering the no-flight zone by allowing the drone to self-drop by GCS control when it flies beyond the threshold and enters the critical distance. As a result of a total of 44 repeated experiments in a specific experimental area with the proposed method, the drone safely self-dropped except for the case where it crossed the restricted area once or twice. It was found to be an appropriate way to prevent this.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.61-114
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• 2018

Recently airspace became a hot issue considering today's international relations. However, there was no data that could be fully explained about a legal system of korean airspace, so I looked at law and practice about korean airspace together. The nation's aviation law sector is comletely separate from those related to civil and military aircraft, at least in legal terms. The Minister of Land, Infrastructure and Transport shall carry out his/her duties with various authority granted by the "Aviation Safety Act". The nation's aviation-related content is being regulated too much by the Ministry of Land, Infrastructure and Transport's notice or regulation, and there are many things that are not well known about which clauses of the upper law are associated with. The notice should be clearly described only in detail on delegated matters. As for the airspace system, the airspace system is too complex for the public to understand, and there seems to be a gap between law and practice. Therefore, I think it would be good to reestablish a simple and practical airspace system. Airspace and aviation related tasks in the military need to be clearly understood by distinguishing between those entrusted by the Minister of Land, Infrastructure and Transport and those inherent in the military. Regarding matters entrusted by the Minister of Land, Infrastructure and Transpor, it is necessary to work closely with the Minister of Land, Infrastructure and Transport when preparing related work guidelines, and to clarify who should prepare the guidelines. Regarding airspace control as a military operation, policies or guidelines that are faithful to military doctrine on airspace control are needed.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.207-230
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• 2006

It should be noted that current rules and provisions of the law, such as the act of military air base and the act of the construction, do not provide a fairly good solution regarding the conflict between the company and the air force. The act of military air base does not have the jurisdiction on the matters occurring outside the edge of the flight safety zone. Freezing measure about the construction permit is not suitable for this case. A sort of policy or revision of the law will be needed to foster the transaction between parties in question which may be useful for enhancing overall efficiency.