• Title/Summary/Keyword: Air crash

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Indonesia, Malaysia Airline's aircraft accidents and the Indonesian, Korean, Chinese Aviation Law and the 1999 Montreal Convention

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.37-81
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    • 2015
  • AirAsia QZ8501 Jet departed from Juanda International Airport in, Surabaya, Indonesia at 05:35 on Dec. 28, 2014 and was scheduled to arrive at Changi International Airport in Singapore at 08:30 the same day. The aircraft, an Airbus A320-200 crashed into the Java Sea on Dec. 28, 2014 carrying 162 passengers and crew off the coast of Indonesia's second largest city Surabaya on its way to Singapore. Indonesia's AirAsia jet carrying 162 people lost contact with ground control on Dec. 28, 2014. The aircraft's debris was found about 66 miles from the plane's last detected position. The 155 passengers and seven crew members aboard Flight QZ 8501, which vanished from radar 42 minutes after having departed Indonesia's second largest city of Surabaya bound for Singapore early Dec. 28, 2014. AirAsia QZ8501 had on board 137 adult passengers, 17 children and one infant, along with two pilots and five crew members in the aircraft, a majority of them Indonesian nationals. On board Flight QZ8501 were 155 Indonesian, three South Koreans, and one person each from Singapore, Malaysia and the UK. The Malaysia Airlines Flight 370 departed from Kuala Lumpur International Airport on March 8, 2014 at 00:41 local time and was scheduled to land at Beijing's Capital International Airport at 06:30 local time. Malaysia Airlines also marketed as China Southern Airlines Flight 748 (CZ748) through a code-share agreement, was a scheduled international passenger flight that disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing's Capital International Airport (a distance of 2,743 miles: 4,414 km). The aircraft, a Boeing 777-200ER, last made contact with air traffic control less than an hour after takeoff. Operated by Malaysia Airlines (MAS), the aircraft carried 12 crew members and 227 passengers from 15 nations. There were 227 passengers, including 153 Chinese and 38 Malaysians, according to records. Nearly two-thirds of the passengers on Flight 370 were from China. On April 5, 2014 what could be the wreckage of the ill-fated Malaysia Airlines was found. What appeared to be the remnants of flight MH370 have been spotted drifting in a remote section of the Indian Ocean. Compensation for loss of life is vastly different between US. passengers and non-U.S. passengers. "If the claim is brought in the US. court, it's of significantly more value than if it's brought into any other court." Some victims and survivors of the Indonesian and Malaysia airline's air crash case would like to sue the lawsuit to the United States court in order to receive a larger compensation package for damage caused by an accident that occurred in the sea of Java sea and the Indian ocean and rather than taking it to the Indonesian or Malaysian court. Though each victim and survivor of the Indonesian and Malaysia airline's air crash case will receive an unconditional 113,100 Unit of Account (SDR) as an amount of compensation for damage from Indonesia's AirAsia and Malaysia Airlines in accordance with Article 21, 1 (absolute, strict, no-fault liability system) of the 1999 Montreal Convention. But if Indonesia AirAsia airlines and Malaysia Airlines cannot prove as to the following two points without fault based on Article 21, 2 (presumed faulty system) of the 1999 Montreal Convention, AirAsia of Indonesiaand Malaysia Airlines will be burdened the unlimited liability to the each victim and survivor of the Indonesian and Malaysia airline's air crash case such as (1) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents, or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. In this researcher's view for the aforementioned reasons, and under the laws of China, Indonesia, Malaysia and Korea the Chinese, Indonesian, Malaysia and Korean, some victims and survivors of the crash of the two flights are entitled to receive possibly from more than 113,100 SDR to 5 million US$ from the two airlines or from the Aviation Insurance Company based on decision of the American court. It could also be argued that it is reasonable and necessary to revise the clause referring to bodily injury to a clause mentioning personal injury based on Article 17 of the 1999 Montreal Convention so as to be included the mental injury and condolence in the near future.

A Comment on the Standard for International Jurisdiction to foreign-related cases by the employment contract and tort in Air crash (항공기사고에서 국제근로계약과 불법행위의 국 제재판관할권 판단기준)

  • Cho, Jeong-Hyeon;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.73-98
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    • 2016
  • This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.

Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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Safety assessment of generation III nuclear power plant buildings subjected to commercial aircraft crash part III: Engine missile impacting SC plate

  • Xu, Z.Y.;Wu, H.;Liu, X.;Qu, Y.G.;Li, Z.C.;Fang, Q.
    • Nuclear Engineering and Technology
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    • v.52 no.2
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    • pp.417-428
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    • 2020
  • Investigations of the commercial aircraft impact effect on nuclear island infrastructures have been drawing extensive attention, and this paper aims to perform the safety assessment of Generation III nuclear power plant (NPP) buildings subjected to typical commercial aircrafts crash. At present Part III, the local damage of the rigid components of aircraft, e.g., engine and landing gear, impacting the steel concrete (SC) structures of NPP containment is mainly discussed. Two typical SC target panels with the thicknesses of 40 mm and 100 mm, as well as the steel cylindrical projectile with a mass of 2.15 kg and a diameter of 80 mm are fabricated. By using a large-caliber air gas gun, both the projectile penetration and perforation test are conducted, in which the striking velocities were ranged from 96 m/s to 157 m/s. The bulging velocity and the maximal deflection of rear steel plate, as well as penetration depth of projectile are derived, and the local deformation and failure modes of SC panels are assessed experimentally. Then, the commercial finite element program LS-DYNA is utilized to perform the numerical simulations, by comparisons with the experimental and simulated projectile impact process and SC panel damage, the numerical algorithm, constitutive models and the corresponding parameters are verified. The present work can provide helpful references for the evaluation of the local impact resistance of NPP buildings against the aircraft engine.

Safety assessment of Generation III nuclear power plant buildings subjected to commercial aircraft crash Part II: Structural damage and vibrations

  • Qu, Y.G.;Wu, H.;Xu, Z.Y.;Liu, X.;Dong, Z.F.;Fang, Q.
    • Nuclear Engineering and Technology
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    • v.52 no.2
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    • pp.397-416
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    • 2020
  • Investigations of the commercial aircraft impact effect on nuclear island infrastructures have been drawing extensive attention, and this paper aims to perform the safety assessment of Generation III nuclear power plant (NPP) buildings subjected to typical commercial aircrafts crash. At present Part II, based on the verified finite element (FE) models of aircrafts Airbus A320 and A380, as well as the NPP containment and auxiliary buildings in Part I of this paper, the whole collision process is reproduced numerically by adopting the coupled missile-target interaction approach with the finite element code LS-DYNA. The impact induced damage of NPP plant under four impact locations of containment (cylinder, air intake, conical roof and PCS water tank) and two impact locations of auxiliary buildings (exterior wall and roof of spent fuel pool room) are evaluated. Furthermore, by considering the inner structures in the containment and raft foundation of NPP, the structural vibration analyses are conducted under two impact locations (middle height of cylinder, main control room in the auxiliary buildings). It indicates that, within the discussed scenarios, NPP structures can withstand the impact of both two aircrafts, while the functionality of internal equipment on higher floors will be affected to some extent under impact induced vibrations, and A380 aircraft will cause more serious structural damage and vibrations than A320 aircraft. The present work can provide helpful references to assess the safety of the structures and inner equipment of NPP plant under commercial aircraft impact.

Airbag Accelerometers Using Silicon Epitaxial Layers (실리콘 에피층을 이용한 자동차 에어백용 가속도계)

  • 고종수;김규현;이창렬;조영호;이귀로;곽병만
    • Transactions of the Korean Society of Automotive Engineers
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    • v.4 no.5
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    • pp.9-15
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    • 1996
  • A silicon microaccelerometer is designed and fabricated using silicon epitaxial layers for automotive electronic airbag applications. A cantilever structure is chosen for high sensitivity and piezoresistive detection method is adopted for circuit simplicity and low cost. An optimum design is used to find optimum microstructure sizes for maximum sensitivity subject to performance requirements and design constraints on natural frequency, damping ratio, maximum allowable stress and microfabrication limitations. The microaccelerometer is fabricated by micromachining processing steps, composed of material-selective and orientation-dependent chemical etching techniques. Fabricated prototype shows a sensitivity of 88.6$\mu\textrm{V}$/g within a resonant frequency of 1.75KHz. Estimated performance of the microaccelerometer is compared with measured one. Discrepancy between the theoretical values and the experimental values is discussed together with possible sources of the errors.

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A Continuous Sequential Decision Process Model for R&D Economic Feasibility Assessment of the GDHS in Chejoo Island and Its Application (제주도 GDHS의 R&D투자 타당성 분석을 위한 연속적 SDP모형의 개발 및 응용사례연구)

  • Yang, Moon-Hee;Chang, Kyung
    • Journal of Korean Institute of Industrial Engineers
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    • v.24 no.1
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    • pp.115-126
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    • 1998
  • A GDHS(Geothermal District Heating System) is a heating system supplying a group of districts with heat extracted from geothermal sources. Due to various advantages of GDHS including the saving of fuel consumption as well as the reduction of air pollution, a world-wide trend is to replace central/individual heating systems with GDH systems. The basic point of this paper is that a crash program mentality leads to inappropriate decisions about policy issues in large-scale research and development like the development of GDHS, R&D funding should be viewed as a sequential decision, not a once-and-for-all choice. Hence we develop on economic feasibility assessment model based on a continuous sequential decision process for the Chejoo Island GDHS Project by modifying Roberts's model.

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Telematics Specific Horizontal Distance Traveled by a Falling Car

  • Shin, Seong-Yoon;Jang, Dai-Hyun;Lee, Hyun-Chang
    • Journal of information and communication convergence engineering
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    • v.10 no.2
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    • pp.181-186
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    • 2012
  • Telematics services include automatic location tracking for emergency rescue, which is available for use in case of a car accident due to falling off roadways. This paper presents a simulation study on how far a car will fall before it hits the ground if it drops off of a roadway due to an accident or a natural disaster. The greatest horizontal distance the falling car can travel is presented in this paper, based on the assumption that air resistance as well as the direction and degree of acceleration due to gravity is negligible. This paper also presents the depth of the dent caused by the car sinking into the ground, the time it took for the car to fall free, and the velocity at which it travelled and horizontal distance it traveled. In this paper, the damage done to cars that crash into the ground and the dangers thereof are graphically represented.

Study of Examples for Air Bag Non-deployment Including Rear Collision and Failure Phenomenon by Damage of Control Parts in Vehicle Air Bag (자동차 에어백의 제어부품 불량에 의한 고장현상 및 후방 추돌에 관련된 에어백 미전개에 대한 사례 연구)

  • Lee, Il Kwon;Kim, Young Gyu;Moon, Hak Hook
    • Journal of the Korean Institute of Gas
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    • v.16 no.6
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    • pp.102-106
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    • 2012
  • The purpose of this paper is to study the failure cases in relation to system of Air Bag in vehicle happened in the field. In the first example, it was separated the soldering parts connected the wire pin between air bag module and clock spring of air bag. Whenever the pin shake by the car's vibration, the driver verified the malfunction phenomenon appeared air bag warning lamp on instrument panel in front of driver's seat. in car inside room. The second example, it verified the warning lamp lighting phenomenon of air bag by produced the circuit plate non-contacting of single an element in air bag electronic control unit. The third example, it verified the light of air bag warning indicator lamp by separated with soldering parts connecting inner pin and resistance terminal of seat belt pretensioner using passenger seat. The fourth example, when the passenger car crash a back of truck, the former bumper get jammed under the latter as the roof height of car low less than that. Therefore, the impact of Car's collision verified that don't transfer with body frame of vehicle because of no attachment impact sensor in it.

Free and Forced Vibration Analysis of a Hard Disk Drive Considering the Flexibility of Spinning Disk-Spindle, Actuator and Supporting Structure (회전 디스크-스핀들, 액츄에이터와 지지구조의 유연성을 고려한 하드 디스크 드라이브의 고유 및 강제 진동 해석)

  • Seo, Chan-Hee;Jang, Gun-Hee;Lee, Ho-Seong
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2006.05a
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    • pp.660-665
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    • 2006
  • This paper presents a finite element method to analyze the free and forced vibration of a hard disk drive (HDD) considering the flexibility of a spinning disk-spindle with fluid dynamic bearings (FDBs), an actuator with pivot bearings, an air bearing between head-disk interface and the base with complicated geometry. Finite element equation of each component is consistently derived with the satisfaction of the geometric compatibility of the internal boundary between each component. The spinning disk, hub and FDBs are modeled by annular sector elements, beam elements and stiffness and damping elements, respectively. The actuator am, E-block, suspension and base plate are modeled by tetrahedral elements. The pivot bearing in the actuator and the air bearing between head-disk interfaces are modeled by the stiffness element with five degrees of freedom and the axial stiffness, respectively. A global matrix equation obtained by assembling the finite element equations of each substructure is transformed to a state-space matrix-vector equation, and both damped natural frequencies and modal damping ratios are calculated by solving the associated eigenvalue problem with the restarted Arnoldi iteration method. Modal and shock testing are performed to show that the proposed method well predicts the vibration characteristics of a HDD.

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