• Title/Summary/Keyword: 항공법 및 제도

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Response Methods against Acts of Terrorism That Utilize Unmanned Aircraft (무인항공기 테러의 대응방안)

  • OH, Jea-Hwan
    • Korean Security Journal
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    • no.30
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    • pp.61-83
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    • 2012
  • Al-Qaeda follower who planned to attacks the Pentagon and the Assembly by unmanned aircraft equipped with explosives was caught in the dictionary in September 2011. In addition, high-performance unmanned aerial vehicles in the United States 'sentinel' of the technology being leaked to Iran in late 2011 was an accident. Terrorist attacks on the forces used unmanned aircraft will be the day the not too distant. The purpose of this research is to provide response plans against acts of terrorism utilizing unmanned aircrafts to prevent large losses of lives such as the terrorist attacks of September 11. Discussing in detail, this research suggests revising and newly implementing the definition and categorization of unmanned aircrafts as well as relevant punishment in current aeronautics regulations as an initial response against acts of terrorism utilizing unmanned aircrafts. This is in order to newly implement and revise current relevant regulations that inadequately address the rapidly developing and changing unmanned aircrafts which will lead to increased sense of alarm for the potential terrorists, and also to introduce a systematic tool to punish those who commit such acts by clearly establishing the grounds for punishment. Also, under the binary operating system over airspace currently implemented globally, it is impossible to identify and control the infiltration of airspace by unmanned aircrafts. Recognizing such limitations, this research suggests a combined operation of airspace for unmanned and manned aircrafts as a second way of response for acts of terrorism utilizing unmanned aircrafts. A systematic integrated operation of airspace will appropriately control unmanned/ manned aircrafts that were not previously reported or otherwise have deviated from navigation routes, and will be able to prevent terrorism attempts utilizing aircrafts beforehand.

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Exhaust Plume Behavior Study of MMH-NTO Bipropellant Thruster (MMH-NTO 이원추진제 추력기의 배기가스 거동 해석 연구)

  • Kim, Hyeonah;Lee, Kyun Ho
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.45 no.4
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    • pp.300-309
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    • 2017
  • A spacecraft obtains a reaction momentum required for an orbit correction and an attitude control by exhausting a combustion gas through a small thruster in space. If the exhaust plume collides with spacecraft surfaces, it is very important to predict the exhaust plume behavior of the thruster when designing a satellite, because a generated disturbance force/torque, a heat load and a surface contamination can yield a life shortening and a reduction of the spacecraft function. The purpose of the present study is to ensure the core technology required for the spacecraft design by analyzing numerically the exhaust gas behavior of the 10 N class bipropellant thruster for an attitude control of the spacecraft. To do this, calculation results of chemical equilibrium reaction between a MMH for fuel and a NTO for oxidizer, and continuum region of the nozzle inside are implemented as inlet conditions of the DSMC method for the exhaust plume analysis. From these results, it is possible to predict a nonequilibrium expansion such as a species separation and a backflow in the vicinity of the bipropellant thruster nozzle.

The Non-Appropriation Principle and Corpus Juris Spatialis (비전유원칙과 우주법(Corpus Juris Spatialis))

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.181-202
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    • 2020
  • The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.

The Characteristics Analysis and Manufacture of Metal Explosive(ZPP) on PMD (PMD용 금속화약(ZPP) 제조 및 특성분석)

  • Shim, Jungseob;Kim, Sangbaek;Ahn, Gilhwan;Kim, Junhyung
    • Journal of the Korean Society of Propulsion Engineers
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    • v.20 no.3
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    • pp.25-31
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    • 2016
  • This research investigated the manufacturing process and characteristics analysis of ZPP(Zirconium Potassium Perchlorate) as pyrotechnic are commonly found in the aerospace, defense, and automotive industries. A solid pyrotechnic mixture is composed of an oxidizing agent, fuel, and binder. Precipitation process was used to uniformly mix the raw material. Through the analysis of the material characteristics and thermal response is designed optimum ratio by NASA CEA program. It was compared by performing the evaluation of these size, shape and calorimetry characteristics.

A Study on the Aviation Case Law -Focusing on the Application of Treaties for the International Carriage by Air- (항공판례의 연구 -국제항공운송조약의 적용문제를 중심으로-)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.1
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    • pp.29-63
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    • 2006
  • This paper studied and introduced the aviation law cases in applying the treaties of the Warsaw System to the liability of the international air carrier by categorizing four main sections. Firstly, this paper handled the cases regarding the defining an international flight, exclusivity of the treaties as international air carrie's liability Convention, determining treaty relationship between the countries which one country has ratified only the Hague Protocol, an amended version of the Warsaw Convention, while the other has ratified only the original, unamended Warsaw Convention. Annotation assisted the case if it needed. Secondly, the cases relating to the issues of actual and contracting carrier, successive carrier, agents and servants of the carrier and others were studied. Thirdly, the issues relating to the accident in the course of any operations of embarking or disembarking of passengers, the occurrence during the transportation by air of baggage or goods and delay in the transportation by air of passengers, baggage or goods in addition to the cancellation of the flights were studied according to the applicable range. Fourthly, I studied the time issue with effective date of the treaties. Conclusively, it is not excessive to emphasize the importance of cases in Aviation Law like all other legal areas, therefore, a full-dress future reaserch of aviation cases is expected in here Korea with this paper as a foundation although it studied and introduced only a part of numerous aviation law cases.

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Legal Issue in Case of Death or Injury of an International Crew While on Board (국제항공운송 승무원이 항공기내에서 사상(死傷)을 당한 경우 법률관계 - 국내외 판례의 분석을 중심으로 -)

  • Kim, Sun-Ah
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.137-168
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    • 2020
  • Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

Whether the United States and the Republic of Korea were in a treaty relationship under the Warsaw Convention system -Chubb & Son, Inc. v. Asiana Airlines (2nd Cir. 2000)- (한미간(韓美間) 항공화물운송(航空貨物運送)에 관(關)한 공통조약관계(共通條約關係)의 존재(存在) 여부(與否)-Chubb & Son, Inc. v. Asiana Airlines (2nd Cir. 2000) 및 미국(美國)에서의 논의(論議)를 중심(中心)으로-)

  • Jeong, Jae-Joong
    • The Korean Journal of Air & Space Law and Policy
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    • v.16
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    • pp.160-196
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    • 2002
  • In this thesis. I have first introduced and studied Chubb & Son. Inc. v. Asiana Airlines. 214 F.3d 301 (2nd Cir. 2000). which held that at the time that the dispute in this case arose. there was no treaty relationship between the United States and South Korea under the Original Warsaw convention. the Hague Protocol. or a treaty consisting of those provisions of the Original Convention that were not amended by the Protocol. And I have analyzed U.S. government s position that was expressed in Brief for the United States as Amicus Curiae on petition for a writ certiorari to the 2nd Circuit on Chubb & Son case and 2nd Circuit s Fujitsu Limited v. Federal Express Corporation. 247 F.3d 423 (2001) which was held in a related question afterwards but was somewhat inconsistent with Chubb & Son s holding. Furthermore. I also examined U.S. government s measures which have been considered and taken to cope with consequences of Chubb & Son case's ruling. Lastly. I have examined several effects which Chubb & Son s ruling would give our nation s airlines and suggested our government's countermeasures.

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Precautionary Action by a Military Aircraft in the Law of Air Warfare: its Rules and Problems (국제항공규범의 전시적용 법리와 쟁점 - 공전규범상 사전예방조치 (Precautionary Measure)의 법리와 쟁점을 중심으로 -)

  • Hwang, Won-Ho;Kim, Hyoung-Ku
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.41-68
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    • 2011
  • This article deals with the current rules of law of air warfare and its surrounding issues on precautionary action by a military aircraft at air-to-air operation in international armed conflict. However there is no separate and independent legal system to regulate warfare in aerospace in the current system of law of war (or law of armed conflict). In other words, law of air warfare does not exist in a form of a separate treaty. Air warfare has been regulated by international customary law and the relevant provisions in different Conventions, including 1949 four Geneva Conventions and two Additional Protocols, which mainly regulate land and naval warfare. And this makes difficult to make clear a legal term or legal tests on an issue concerned with law of air warfare, which concludes from time to time a dispute on interpretation and implementation of law of air warfare between states. Therefore, this article refers various materials (including 1949 Geneva Conventions and Additional Protocols, San Remo Manual, Harvard Manual, and ICAO Manual on Interception of Civilian Aircraft) for the purpose of defining the current and desirable legal test on precautionary action by military aircraft. In addition to the main purpose of this article, this article tried to show a characteristic of developing mechanism of law of air Warfare taking into account interactions between international air law and law of air warfare.

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International Legal Status of U.S. Citizens Property Right to Space Resources (미국 국내법령상 우주자원 소유권의 국제법상 의의)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.419-442
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    • 2018
  • Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.

The Manufacturing Process and Characteristic Analysis of BKNO3 Metal-Explosive for PMD (PMD용 BKNO3 금속화약의 제조공정 및 특성분석)

  • Shim, Jungseob;Kim, Sangbaek;Ahn, Gilhwan;Kim, Junhyung;Ryu, Byungtae
    • Journal of the Korean Society of Propulsion Engineers
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    • v.22 no.3
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    • pp.90-96
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    • 2018
  • This study investigated the manufacturing process and characteristics of $BKNO_3$ (Boron Potassium Nitrate) as a pyrotechnic propellant that is commonly used in the aerospace, defense, and automobile industries. The solid mixture was composed of oxidizing agent, fuel, and binder. Evaporation process was used to uniformly mix the raw materials. The optimal ratio of composition was designed through the CEA program analysis of the material characteristics and thermal responses. Further the size, shape, sensitivity, and calorimetry characteristics were studied.