• Journal of Aerospace System Engineering
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• v.3 no.3
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• pp.1-6
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• 2009

The first Type Certificate project for small airplane is in progress in the Republic of Korea. Therefore, it is necessary to prepare the circumstances that the airplane developed and certificated by this country will exported to foreign countries and operated in the world. One of the main items to be prepared is the systems related with continuing airworthiness of aircraft during the operation. From this point of view, the systems and corresponding capabilities to maintain the aircraft to continue the flight and safe landing will be the immediate work. This study is to review the continuing airworthiness system established by foreign countries such as USA FAA and European EASA and to propose how we will setup our continuing airworthiness system for the airplane developed and certificated by the Republic of Korea.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.24 no.1
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• pp.33-40
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• 2016

ROK issued its first type certificate to the KC-100 airplane, Part 23 normal category, and become the State of Design (SoD) in 2013. Before this, ROK aviation regulations were focused on the operation and continued airworthiness of aircraft registered and operated in ROK that were designed and manufactured in another contracting state. Therefore the implementation of reporting system were restricted to gather the failure and service difficulty reports from the owners or operators and transmit the information to the State of Design and/or the manufacture relating to the type certificated aircraft. However, ROK, to fulfill the accountability of the State of Design, has to ensure there is a system to address the information received from the State of Registry on failure, malfunctions, defects and other occurrences that might cause adverse effects on the continuing airworthiness of the korean type certificated aircraft. This paper presents an overview of ICAO requirements for the State of Design, and current implementation of reporting system of USA and Japan and discusses the current status and further considerations on the rule-making for the malfunction, defect and failure reporting system applicable to the korean indigenous aircraft.

• Journal of Aerospace System Engineering
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• v.12 no.4
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• pp.1-8
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• 2018

The state of registry issues a type certificate validation (TCV) based on the satisfactory evidence that the product (aircraft, engine, and propeller) is in compliance with the appropriate airworthiness requirements. The Korean government performs an evaluation to determine whether the product complies with Korean airworthiness standards for issuing TCV according to the Korean aviation safety law. Recently, the Validation Principles Working Group (VPWG) has developed a risk-based model for validation of civil aeronautical products. Also, VPWG proposed to incorporate this validation model into the corresponding ICAO Standards and Recommended Practices and guidance material. In this paper, we have reviewed the validation model and discussed improvements in the validation process.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.50 no.9
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• pp.647-655
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• 2022

The Russian government is expanding strategic cooperation with foreign countries, including production partnerships, in order to secure civil aircraft manufacturing technology and advanced materials, with the aim of becoming the world's third-largest civil aircraft producer. In addition, the Russian government supports the development of the aircraft manufacturing industry and reorganizes the aircraft certification organization to pursue systematic aviation safety and make great efforts in international cooperation and certification activities for the export of aviation products. Establishing a cooperative system for safety and certification of civil aircraft between countries requires a process of mutual understanding and trust in the overall certification system. Therefore in this study, we wanted to analyze Russia's aircraft certification organization, law system, certification procedures to help Russia understand its aircraft certification system.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.175-204
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• 2018

Recently, the aviation leisure business has been legislated, and related industries have become active base with increasing the light sports aircraft within the legislation system. However, in the light sports aircraft safety problem, it is often mentioned that the flight is in violation of the regulations, the lack of safety consciousness of the operator and lack of ability, and the personal operators have a risk of accident of light aircraft such as insufficient safety management and poor maintenance. At present, the maintenance of light sports aircraft is carried out by the A & P mechanic in accordance with the relevant laws and regulations, but it is difficult to say that it is equipped with qualification and expertise. It is not a legal issue to undertake light sports aircraft maintenance work on the regulation system. However, the problem of reliability and appropriateness is constantly being raised because airplanes, light sports aircraft, and ultra-light vehicle are classified and serviced in a legal method. Although legal and institutional frameworks for light sports aircraft are separated, much of it is stipulated in the aviation law provisions. Light sports aircraft maintenance work also follows the current aircraft maintenance system. In the United States, Europe, and Australia where General Aviation developed, legal and institutional devices related to maintenance of light aircraft were introduced, and specialized maintenance tasks are covered in the light aircraft mechanics system. As a result of analysis of domestic and foreign laws and regulations, it is necessary to introduce the qualification system for maintenance of light aircraft. In advanced aviation countries such as the United States, Europe, and Australia, a light sports aircraft repairman system is installed to perform safety management. This is to cope with changes in the operating environment of the new light sports aircraft. This study does not suggest the need for a light aircraft repairman system. From the viewpoint of the legal system, the examination of the relevant laws and regulations revealed that the supplementary part of the system is necessary. It is also require that the necessity of introduction is raised in comparison with overseas cases. Based on these results, it is necessary to introduce the system into the light aircraft repairman system, and suggestions for how to improve it are suggested.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.83-153
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• 2015

As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.

• Journal of Aerospace System Engineering
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• v.6 no.1
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• pp.19-25
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• 2012

Nowadays, the demand of civil application of an UAV has been being increased all over the world. And many projects are going on to develop a new regulatory system for an UAV to access a national airspace. Especially, to fly UAV over the non-restricted airspace as a standard airworthiness standard, many authority funded research institutes and associations are studying regulatory environment. For the UAV to access civil airspace, the certification system of the aviation regulation have to allow this. FAA of US, CASA of Australia and European authorities are now issuing an experimental airworthiness certificate to a civil UAV. This is the first step of issuing a standard airworthiness certificate. And many people believe that civil UAV can fly over a NAS if some technical issues are resolved. In this study, I would like to present an international trends of a civil UAV regulation system, reliability trend of unmanned aerial system and would like to bring up a our regulatory environment and suggest an UAV regulatory policy.

• Journal of Aerospace System Engineering
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• v.7 no.3
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• pp.51-57
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• 2013

This study describes the Federal Aviation Administration(FAA) certification policy for approving the use of Type II, III, and IV deicing/anti-icing fluids on small category airplanes. These fluids can be characterized as non-Newtonian, pseudo-plastic fluids, also known as "thickened" fluids. Deicing fluids are used before takeoff to remove frost or ice contamination, while anti-icing fluids are used before takeoff to prevent frost or ice contamination from occurring for a period of time(referred to as "holdover time") after application. Thickened deicing/anti-icing fluids can affect airplane performance and handling characteristics and their residue may cause stiff or frozen flight controls. This study also describes an approval process that may be used by type certificate holders and applicants for a type certificate under parts 23 to support operational use of these fluids on their airplanes.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.12 no.3
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• pp.41-63
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• 2004

The area covered by product liability in broadest sense is so vast that an attempt to analyse all its impact on the aviation world risk. Every effort has been made to confine our review of subject a closely as possible to its influence on aircraft manufacturers, airlines and passengers, in spite of strong connections with other spheres of commercial. Product Liability in aviation is the liability of aircraft's manufacturer, processor or non-manufacturing seller for injury to the person or property of a buyer or third party caused by a product which has been sold. Here-in a product is aircraft, third party is passengers who suffered damage by defective design, defective construction, inadequate instructions for handling in aircraft. Whenever a product turns out to be defective after it has been sold, there are under Anglo-American law three remedies available against the aircraft's manufacturer (1) liability for negligence (2) breach of warranty (3) strict liability in tort. There are Under continental law Three remedies available against the aircraft's manufacturer (1) liability for defective warranty (2) liability for non-fulfillment of obligation (3) liability in tort. It is worth pointing out here an action for breach of warranty or for defective warranty, for non-fulfillment of obligation is available only to direct purchaser on the basis of his contract with the aircraft's manufacturer, which of course weakness its range and effectiveness. An action for tort offers the advantage of being available also to third parties who have acquired the defective product at a later stage. In tort, obligations are constituted not only by contract, but also by stature and common law. In conclusion, There in no difference in principle of law. In conclusion I would like to make few suggestions regarding the product liability for aircraft's manufacturer. Firstly, current general product liability code does not specify whether government offices(e.g. FAA) inspector conducted the inspection and auditory certificate can qualify as conclusive legal evidence. These need to be clarified. Secondly, because Korea is gaining potential of becoming aircraft's manufacturer through co-manufacturing and subcontracting-manufacturing with the US and independent production, there needs legislation that can harmonize the protection of both aircraft's manufacturers and their injured parties. Since Korea is in primary stage of aviation industry, considerate policy cannot be overlooked for its protection and promotion. Thirdly, because aircraft manufacturers are risking restitution like air-carriers whose scope of restitution have widened to strict and unlimited liability, there needs importation of mandatory liability insurance and national warranty into the product liability for aircraft's manufacturers. Fourthly, there needs domestic legislation of air transportation law that clearly regulates overall legal relationship in air transportation such as carrier & aircraft manufacturer's liability, and aviation insurance.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.28 no.1
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• pp.66-74
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• 2020

With the development of the aviation industry in Korea, the number of aircrafts has increased every year. About 10 flight departments have been established at domestic universities, and flight training is conducted until the course of commercial pilot certificate. In addition, private aviation institutes using Muan airport as a base have also increased, and the number of training aircrafts in the eastern and western regions of Jeonnam region has increased dramatically. Along with an increase in the number of training aircrafts, aviation accidents have also increased. From April 2018 to September 2019, 11 accidents occurred at Muan airport and Yeosu airport. This study aims to develop a pre-flight safety protocol to promote flight training safety. Three aspects-including technical factors, human factors, and organizational factors-were considered in this study.