• Title/Summary/Keyword: Aviation Act

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A Study on the Improvement of Aviation Security System for the Prevention of Terrorism in Aircraft - Focusing on the Prevention, Preparedness, Response and Punishment Regulations of the Aviation Security Act -

  • Moon, Hyeon-Cheol
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.4
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    • pp.189-195
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    • 2020
  • The whole world is anxious that aircraft could be used as a tool for terrorism after 9/11. The disappearance of Malaysia Airlines is again adding to fears about aircraft. Because these aircraft attacks cause many human casualties, the purpose of the study is to analyze the problems in the current air security system and to present alternatives. The methodology of the study used a literature research methodology to review the current status of aircraft terrorism and related regulations, such as current aviation-related laws and anti-terrorism laws, and prior studies. The purpose of the Chapter is to present an aviation security system that promotes the safety of air traffic through the prevention of aircraft terror by presenting the roles and improvement measures of aviation security personnel, foreign police officers, intelligence agencies, and legal blind spots and flaws.

Article 61bis of the Aviation Business Act and the Legal Principles for the Aviation Consumers Protection - Comparison with the U.S. "Tarmac Delay Rule" - (항공사업법 제61조의2 신설과 항공소비자 보호 법리 -미국의 "Tarmac delay rule"과 비교를 중심으로-)

  • Baek, Kyeong-Won;Hwang, Ho-Won
    • 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.

Analysis of Cosmic Radiation Exposure for Domestic Flight Crews in Korea

  • Ahn, Hee-Bok;Hwang, Junga;Kwak, Jaeyoung;Kim, Kyuwang
    • Journal of Astronomy and Space Sciences
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    • v.39 no.2
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    • pp.51-57
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    • 2022
  • Cosmic radiation exposure of the flight crews in Korea has been managed by Radiation Safety Management around Living Life Act under Nuclear Safety and Security Commission. However, the domestic flight crews are excluded from the Act because of relatively low route dose exposure compared to that of international flight crews. But we found that the accumulated total annual dose of domestic flight crews is far from negligible because of relatively long total flight time and too many flights. In this study, to suggest the necessity of management of domestic flight crews' radiation exposure, we statistically analyzed domestic flight crew's accumulative annual dose by using cosmic radiation estimation models of the Civil Aviation Research Institute (CARI)-6M, Nowcast of Atmospheric Ionizing Radiation for Aviation Safety (NAIRAS), and Korean Radiation Exposure Assessment Model (KREAM) and compared with in-situ measurements of Liulin-6K LET spectrometer. As a result, the average exposure dose of domestic flight crews was found to be 0.5-0.8 mSv. We also expect that our result might provide the basis to include the domestic flight crews as radiation workers, not just international flight attendants.

A Study on the Judicial Judgment of Flight Regulations under the Aviation Safety Act (항공안전법상 운항규정의 사법적 판단에 관한 고찰 )

  • Sung-mi Kim;Hee-bok Ahn;Un-jin Yeo;Ho-won Hwang
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.31 no.3
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    • pp.161-171
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    • 2023
  • The traditional safety management method starts with the misconception that similar accidents will recur if the inappropriate behavior of the person who caused the accident is investigated and punishment is not judged. However, in modern safety management, incidents or situations occur when negative conditions latent in the system are mutually influenced and triggered. The precedent for revoking the disposition of suspension of first officer A of Eastar Jet, which won a legal lawsuit against the administrative regulatory authority, is a representative example that will serve as an opportunity for the administrative regulatory authority to break away from the punishment-oriented safety management method of the past. On the other hand, airmans and air carriers also need to have a clear understanding of flight regulations, and when judicial judgment is required, predictable and effective legal effects can be obtained by preparing clear standards for flight regulations. In addition, administrative regulatory authorities expect a change from the punishment-oriented safety management policy of the past to a systematic safety management policy.

Study on Legal Position of Aviation Security Subject in Aviation Safety and Security (공항보안요원의 법적 지위에 관한 연구)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.157-179
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    • 2006
  • According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. So Republic of Korea Government enact the Law, Aviation Safety and Security. The Purpose of this Act is to prevent any unlawful act in airport facilities with international conventions, including the ICAO to provide for standards, procedures and mandatory matters needed to ensure the safety and security of civil aviation. But the Act has some error. So is this paper to review the revision of aviation security regulation and the changes of aviation security responsibilities and task assignment. There is the term "aviation security personnel", who are charged with the task of preventing any act of disrupting the order and safety in airport. But there is no term "security screening personnel" who performs to detect or search for dangerous object, such as weapons or explosives, which may be used for the unlawful obstruction.

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A Development of The Single Body LED Aviation Obstacle Light (태양전지식 LED 일체형 저광도 항공장애등 개발)

  • Kim, Woo-Hyum;Min, Byeong-Wook;Kim, Tai-Young;Song, Pyoung-Cheon;Ko, Chun-Seag;Lee, Chun-Hee
    • Proceedings of the KIEE Conference
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    • 2009.07a
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    • pp.325_326
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    • 2009
  • For the sake of the safety of aircraft, aviation obstacle lights should be installed on the towers of transmission line in accordance with the Aviation Act. At present, the used solar-cell aviation obstacle lights are composed of LED lamp and a regulator, batteries, solar-cells which are divided into four parts. And, the divided four parts are connected by cable. Also, aviation obstacle lights are consisted of 150 LED lamps. therefore, the scale of sollar-cells, batteries and the power consumption of aviation obstacle light is big. For that reason, this paper would introduce the development of the solar-cell type single body LED aviation obstacle using the high brightness LED in order to make aviation obstacle more lightened and small-sized.

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The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

A Study on Improvement of Domestic Airport Service for Rescue and Fire Fighting (국내 공항 구조 및 소방 업무 개선방안 연구)

  • Han, Jae-Hyun;Chung, Ki-Yeon
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.16 no.4
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    • pp.69-74
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    • 2008
  • Aircraft fires due to accident at an airport may be under a special situation. An outstanding characteristic of aircraft fires is their tendency to reach lethal intensity within a very short time. In domestic aviation act, there are regulations related to services coping with the aircraft accidents within an airport. To cope aircraft fires, it is necessary to define clearly the regulations and standards about the services and related activities of rescue and fire fighting, and to keep the regulations and standards. The study has been performed on the basis of International Civil Aviation Organization (ICAO) Airport Services Manual of rescue and fire fighting. The objective of study is to suggest improvement methods for standards applicable to actual service practices of rescue and fire fighting by analyzing through the comparison of domestic and international regulations and standards.

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A Study on the Improvement of the Flight Simulation Training Device System (모의비행훈련장치 제도 개선방안 연구)

  • Kim, Se-jun;Cho, Young-jin
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.29 no.3
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    • pp.66-75
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    • 2021
  • As the domestic aviation industry develops, demand for pilots is increasing. As a result, the demand for flight training using flight simulation training devices that implement the same or similar interior of aircraft is also increasing. Despite this increase in demand, domestic laws, regulations and management systems related to flight simulation training devices have remained unchanged since 2009. As a result, the criteria for designation of new or developed flight simulation training devices are ambiguous. In addition, proper improvement of the current system should be prioritized for designation of new devices such as UAM and VR, along with developing flight simulation training devices. It is intended to present measures to improve the domestic flight simulation training system by investigating and analyzing advanced cases overseas.