• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.169-195
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• 2020

With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.247-280
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• 2020

For customs-free and liberalization on the trade of aircraft parts, the WTO Agreement on Trade in Civil Aircraft was separately concluded as plurilateral trade agreement at the time of launching WTO in 1995, and currently 33 countries including the United States and the EU are acceded but Korea does not. Major details of the Agreement on Trade in Civil Aircraft include product coverage, the elimination of customs duties and other charges, the prohibition of government-directed procurement of civil aircraft, the application of the Agreement on Subsides and Countervailing Measures, and the consultation on issues related to this Agreement and dispute resolution. Article 89 paragraph 6 of the current Customs Act was newly established on December 31, 2018, and the tariff reduction rate for imports of aircraft parts will be reduced in stages from May 2019 and the tariff reduction system will be abolished in 2026. Accordingly, looking at the impact of the Agreement on Trade in Civil Aircraft on the aviation industry, first, as for the impact on the air transport industry, an tariff allotment of the domestic air transport industry is expected to reach about 160 billion won a year from 2026, and upon acceding to the Agreement on Trade in Civil Aircraft, the domestic air transport industry will be able to import aircraft parts at no tariff, so it will not have to pay 3 to 8 percent import duties. Second, as for the impact on the aviation MRO industry, if the tariff reduction system for aircraft parts is phased out or abolished in stages, overseas outsourcing costs in the engine maintenance and parts maintenance are expected to increase, and upon acceding to the Agreement on Trade in Civil Aircraft, the aviation MRO industry will be able to import aircraft parts at no tariff, so it will reduce overseas outsourcing costs. If the author proposes a policy direction for the trade liberalization of aircraft parts to ensure competitiveness of the aviation industry, first, as for the tariff reduction by the use of FTA, in order to be favored with the tariff reduction by the use of FTA, it is necessary to secure the certificate of origin from foreign traders in the United States and the EU, and to revise the provisions of Korea-Singapore and Korea-EU FTA. Second, as for the push of acceding to the Agreement on Trade in Civil Aircraft, it would be resonable to push the acceding to Agreement on Trade in Civil Aircraft for customs-free on the trade of aircraft parts, as the tariff reduction method by the use of FTA has limits. Third, as for the improvement of the tariff reduction system for aircraft parts under the Customs Act, it is expected that there will take a considerable amount of time until the acceding to the Agreement on Trade in Civil Aircraft, so separate improvement measures are needed to continue the tariff reduction system of aircraft parts under Article 89 paragraph 6 of the Customs Act. In conclusion, Korea should accede to the WTO Agreement on Trade in Civil Aircraft to create an environment in which our aviation industry can compete fairly with foreign aviation industries and ensure competitiveness by achieving customs-free and liberalization on the trade of aircraft parts.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.159-201
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• 2019

Along with Annex 14 Volume I establishment in 1951 and the set-up of restriction surface around the runway, aeronautical technique and navigation performance achieved dazzling growth, and the safety and precision of navigation greatly improved. However, restrictions on surrounding obstacles are still valid for safe operation of an aircraft. Standards and criteria for securing safety of aircraft operating around and on airport is stated in Annex 11 Air Traffic Services and Annex 14 Aerodrome etc. In particular, Annex 14 Volume I presents the criteria for limiting obstacles around an airport, such as natural obstacles such as trees, mountains and hills to prevent collisions between aircraft and ground obstacles, and artificial obstacles such as buildings and structures. On the other hand, Annex 14 Volume I, in the application of the obstacles limitation surfaces, apply the exception criteria, as it may not be possible to remove obstacles that violate the criteria if the aeronautical study determines that they do not impair the safety and regularity of aircraft operation. Aeronautical study has been applied and implemented in various countries including United States, Canada and Europe etc. accordingly, Korea established and amended some provisions of the Enforcement rules of the Aviation Act and established the Aeronautical study guidelines to approve exceptions. However, because ICAO does not provide specific guidelines on procedures and methods of Aeronautical study, countries conducting aeronautical study have established and applied their own procedures and methods. Reflecting this realistic situation, at the 12th World Navigation Conference and at the 38th General Assembly, the contracting States demanded a reexamination of the criteria for current obstacle limitation surfaces and methods of aeronautical study, and the ICAO dedicated a team of experts to prepare new standard. This study, in line with the movement of international change in obstacle limitation surface and aeronautical study, aims to compare and analyze current domestic and external standards on obstacle limitation and height limits, while looking at methods, procedure and systems for aeronautical study. In addition, expecting that aeronautical study will be used realistically and universally in assessing the impact of obstacles, we would recommend the institutional improvement of the aeronautical study along with the development of quantitative analysis methods using the navigation data in the current aeronautical study.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.39-63
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• 2020

This paper reviews the Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with COVID-19 of EU commission. To enlighten the obscurity and to mitigate the economic impacts of the COVID-19, European Commission has published "Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19" on March 18, 2020. The Guideline essentially aims to create a coherent system of rules to assist the passengers, industry and national authorities overall under the unprecedented circumstances across the European Union. To do so, the Guideline is drafted to cover the rights of passengers travelling by air, rail, ship or bus/coach, maritime and inland waterways, as well as the corresponding obligations for carriers. From an aviation industry focused perspective, by referencing the Regulation (EC) numbered 261/2004, the Guideline specifically applies to cancellation and delay in flights which are seen as the dark spots for the air carriers concerning potential burdens.

• Journal of Advanced Marine Engineering and Technology
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• v.31 no.6
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• pp.723-728
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• 2007

In order to evaluate the performance of carbon dioxide cycle with a sub-cooling loop. a simulation system was developed to predict the steady state of $CO_2$ trans-critical cycle. Mathematical models are derived to describe the relationships between the system's coefficient of performance and other operating parameters The mathematical models are based entirely on the basic mass and energy conservation law and thermodynamic and transport properties of carbon dioxide A parametric study has been conducted in order to investigate the effect of sub-cooling loop and various operating conditions on the cycle performance. An optimal mass fraction of a refrigerant flowing through sub-cooling cycle existed for the given evaporating temperature, high pressure and air inlet temperature through gas cooler.

• Journal of the Korean Ceramic Society
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• v.35 no.8
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• pp.885-889
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• 1998

The temperature dependence of dc conductivity and magnetic properties of cation deficient {{{{ { {(LaMn) }_{1-λ }O }_{3 } }} systems has been investigated,. Above 160K the magnetic susceptibility of all samples followed the Curie-Weiss law. The Curie temperature decreased as the cation deficiency increased. This is due to a strong Jahn-Teller effect originated from electrons of {{{{ { Mn}^{3+ } }} In the case of samples annealed in air and oxygen at-mosphere the charge carriers responsible for conduction in the ferromagnetic regime below the Curie tem-perature are believed to have both magnetic and lattice characteristics. However the conduction carriers in the paramagnetic regime above the Curie temperature are though to be formed by hopping process of small polarons which were generated by assistance of the Jahn-Teller effect.

• The Korean Journal of Air & Space Law and Policy
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• no.spc
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• pp.137-163
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• 2007

The air market in Asia has already entered upon the age of limitless competition. It means a very important moment in Asia air market. Each Asian country thus has put a lot of effort into a development plan and support to their hub airport. In order to achieve such a plan, first of all we should build closer cooperation system between the two countries Japan and Korea. The Korea and Japan are very fast growing in the northeast countries within the global air transport market. Air passenger and cargo traffic volumes between Korea and Japan have increased dramatically, since the 1990s. In response to such a trend, both countries have opened new airports and expanded existing facilities in the hopes of laying claims to the main international hub airport in Asia. Apart from the trend, air transportation between Korea and Japan's metropolitan areas is the only transportation in substance, even if they are located very closely in geographical position. The air transportation between the two countries shows that it is necessary to get fast and more convenient because of the economic and cultural interchange and exchange concentrated on the metropolitan areas, and that will promote the economic growth of Korea and Japan. However, within the air transportation industry field, there have no sufficient seats/slots to supply the air demand from the capital cities of each country, as well as no counterplan for some problems regarding capacityand sustain ability of metropolitan airports. Thus, it is necessary for us to consider in all aspects and solve them to improve air transportation between Korea and Japan. This paper is to try to demonstrate this matter and from all angles, that is, in legal and political aspects, facilities and given environmental conditions and cooperation between Korea and Japan. I think that it is indeed a great necessary and convenient for many Korean and Japanese tourists to conclude a new 'Open Sky Agreement' between Japan and Korea in order to the prepare the increase of the shuttle flight between Haneda-Gimpo and opening of air route newly for shuttle flight between Haneda and Cheongju as well as opening of air route for shuttle flight between Haneda-Shanghai Hongqiao International Airport and Beijing International Airport for the 2008 Beijing Olympic Games. Furthermore it is a great desirable thing for us to conclude a new 'Open Sky Agreement' in cooperation reciprocally among the Japan, China and Korea for opening the new air route by the shuttle flight.

• The Korean Journal of Air & Space Law and Policy
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• v.8
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• pp.71-84
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• 1996

최근 남북관계는 대북 쌀 지원 문제와 관련한 북한 측의 태도와 이후의 무장공비 남파 등으로 악화되어 있다. 북한 측을 대화창구로 유도하고 남북 경협 등을 통하여 남북한 관계를 개선하려는 우리측의 노력은 이무런 성과를 거두고 있지 못한 것 같다. 남북한 항공판계의 진전도 전반적인 남북관계에서만이 고려가 가능한 실정으로 있다. 최근 언론매체를 통하여 북한당국이 미국 항공사(델타, 노스웨스트)의 평양비행정보구역 통과 우리 영공으로의 비행을 허가하였으며, 이에 대하여 우리측은 우선 남북한 관제당국간 관제협정이 체결되고, 동 항로를 이용한 비행은 우리 항공사를 포함한 모든 항공사에 비차별적으로 적용되어야 하는 것을 전제로 운항을 허가할 수 있음을 밝혔다. 이것은 북한당국이 '95년 12월에 자국영공을 전세계에 개방하겠다고 밝힌 후 진전된 일련의 사태 발전의 일부분이다. 북한은 '95.2월 초 국제영공통과 업무협정에 가입하였다. 외국항공기에 의한 북한의 영공통과비행은 이 협정에 가입하였다고 자동적으로 허가되는 것은 아니며 사안별로 허가되어야 한다는 점에 유의할 필요가 있다. 북한이 이러한 영공개방의사를 밝힌 것은 오랫동안 진행되어 왔던 일본/중국간 직선항로 문제에 있어서, 한국과 중국간의 합의로 서울/북경간에 직선항로를 설정하게 됨으로써 사실상 문제가 해결되었고, 따라서 향후 외국항공사가 한반도의 남쪽만을 통과하여 동경/북경간을 운항하게되는 가능성에 대하여 당혹감을 가지고 있기 때문이라고 보여진다. 한편 일본/중국간 직선항로 설정문제는 이것이 운항시간과 연료를 절약하게 된다는 점에서 IATA, ICAO 등 국제기구에 의하여 1980년대 초반부터 추구되어져 왔다. 그러나 남북간의 대립 등 복잡한 한반도 정세, 남북한을 포함한 일본, 중국 등 이해관계 당사국의 ICAO에 대한 형식적이고 외교적인 태도 등으로 인하여 아무런 해결책없이 십수년이 지나가게 되었다. 심지어 ICAO는 '88년 휴전선을 통과하는 단일항로안까지 제시하였는 바 이것은 한반도 정세에 대한 뚜렷한 이해가 없었던 때문이라고 생각된다. '95.9.17. "남복간 화해, 불가침, 교류 및 협력에 관한 합의서"가 서명되었다. 동 합의서에서는 남북간 군사적 대치 상태가 해소되는 상황에 따라 김포 및 순안비행장간 직항로를 개설한다고 되어있다. 현재까지 항공부문에서는 이렇다할 교류, 협력 실적은 없었으나 향후 남북관계의 진전에 따라 이 부문에서의 협력사업은 많다고 생각된다. 우선 위에서 언급한 남북한 및 각국 항공기가 남북의 비행정보구역을 통과 비행할 수 있도록 관제협정을 체결하고 필요할 경우 기술인력을 훈련하는데 상호 협조할 수 있다. 또한 설악산과 금강산을 연결하는 관광코스를 개발하여 항공기를 운항할 수 있다. 다음 남북의 주요 지점간에 전세기를 운항하고, 수요가 성숙할 경우 주요 도시 (남: 서울, 부산, 대구, 광주, 제주 등, 북: 평양, 신의주, 청진, 원산 등)를 연결하는 정기편을 개설할 수 있을 것이다. 이밖에 항공사간 영업사항에 관한 협력을 기대해 볼 수 있다. 남북간 항공협력은 한반도의 통일을 앞당길 수 있는 좋은 수단으로 작용할 수 있다.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.55-69
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• 2006

Electronic ticketing ("e-ticketing") through the internet will be the most critical commercial tool in the international airline industry. Actually the International Air Transport Association(IATA) has announced that it's goal is to accomplish 100 percent implementation of e-ticketing worldwide by 2007. Domestically e-ticketing will be put into operation in a full scale from the next year(2007). Thus, we count on, sooner or later, e-ticketing will be accomplished globally. As a legal aspect, this e-ticketing raises many legal issues which are no longer subject to a static set of legal rules driven by judicial precedent because e-ticketing is carried out on the "cyber space" which is a new and developing law area. In this treatise, I studied these legal issues, specially on the time and place(jurisdiction) of the contract which are the most important issues based on the New Montreal Convention signed at Montreal on May 28, 1999, which would seem prove that the airline industry is receptive and capable of change. Upon this opportunity, I hope the more comprehensive legal study on the e-ticketing will be introduced in the near future.