• The Korean Journal of Air & Space Law and Policy
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• v.12
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• pp.7-13
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• 2000

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.77-103
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• 2003

• The Korean Journal of Air & Space Law and Policy
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• no.spc
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• pp.201-223
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• 2007

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.37-49
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• 1992

In the changing glabal order, international aviation order is also challenged. Regionalism including EC integration press us to review and renew traditional international aviation legal order. Under such a significant circumstances, this paper examines the legal concept of freedoms of air and air cobotage and problems of their expanded applications. The papar particularly analyzes various concepts of cabotage and arguments in the interpretations of article 7 (cabotoge) of Chicago Convention and presents alternatives of future direction to accommodate problems which world aviation community faces today.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.30 no.4
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• pp.92-97
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• 2022

In the Aviation Safety Act, the part about fatigue management of Flight dispatcher was added as an amended law. Prior to the amendment of the Act, the regulations on fatigue of flight dispatcher governed by the FOM approved and reported by airlines according to the Ministry of Land, Infrastructure and Transport, but were enforced by law from June 9, 2021. In this study, the scope and work type of flight dispatchers are checked, and unlike flight attendants, it is intended to consider legal working hour management measures for flight dispatchers according to the enforcement of the fatigue management act.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.253-276
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• 2005

A pilot logbook is an essential data for proving pilot's flight experience. the reason for maintaining this information is to fulfill the requirement for pilot certificates, manage internationally shared career placement. this study focuses on the instrument flight related items among other flight time items which are included in a pilot logbook. By comparing the way of flight time logging among Korean Aviation Law, Federal Aviation Regulation and Joint Aviation Requirements, this study concludes intensively how to define items for flight time, to amend the definition and to apply the policy in Korea with respect to the pilot logbook.

• The Korean Journal of Air & Space Law and Policy
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• v.12
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• pp.210-245
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• 2000

This study is to review the problem concerned with aviation safety in Korea and suggest the solution to secure the aviation safety, in respect of regulation. At first, the definition and characteristics of aviation safety are studied, and then the endeavor for the aviation safety of ICAO and FAA are reviewed. All the fields of aviation safety area are included in the scope of this study; airworthiness in aircraft production and maintenance, flight operation, airport operation and air traffic control. The level of safety can be estimated by the frequency of accidents and seriousness. The causes of air accidents can be summarized as five factors; human factor, traffic environment. aircraft, weather, and unexpected incident. The activities to protect accidents are also can be summarized as five areas; man, machine, medium, mission and management. ICAO established the standards and recommends for the aviation safety, and adopted strategic action plan for 21st century. Federal Aviation Administration of USA also contributes for the aviation safety of world wide. Nowadays, ICAO and FAA tries to coordinate each other to set up efficient and effective ways for the aviation safety. ICAO developed safety oversight manual and FAA developed model regulations, individually. However, there has been trials to merge the results of each institute's studies. The direction of this endeavor is to meet the new environment related to globalization of air transport industry. It is necessary for our government to improve the aviation safety regulation system to address the new wave of aviation safety system pursued by international organization. A systematic and comprehensive measure should be devised by cooperation of all the related field and area.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.18 no.3
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• pp.77-83
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• 2010

"The prohibition of careless or reckless flight" is the regulation specified not only in the national air law but ICAO ANNEX and FAR. This article(item) has not been categorized properly unlike other items and the question such as why this is described as a fundamental and essential act can be answered only by the party subjected to administrative measures in case of Korea and this kind of violation is so rare that it is not easy to understand the legal meaning and the function of the term, "The prohibition of careless or reckless flight" In case of U.S where aviation cases are common, the distinction between the term "careless" or "reckless" operation depends on whether to recognize the given situation. Some incidents happened by failing to aware NOTAM, violating ATC, or T/W landing where a pilot did not recognize the violation itself are considered to be "Careless" flight. Others such as low altitude high speed flight, approximate flight, Rejecting ATC instruction where a pilot intends to or is remiss in safety are regarded as "Reckless" flight. For pilots who are required to take the highest level of care from preparing for flight to stopping engines or completely disembarking passengers from a plane, the clear understanding of the most basic concept of "careless" or "reckless" flight should be emphasized for the safe flight and it is the time for the authorities to set a standard for proper measures by definite legal interpretations.

• 한국항공운항학회:학술대회논문집
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• 2005.05a
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• pp.6-10
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• 2005

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.