• Title/Summary/Keyword: Aviation Law and System

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Study on Revision of Aviation Safety act for RPAS (무인항공기 안전운용을 위한 항공안전법 개정방향에 대한 연구)

  • Hong, Hye-Jung;Han, Jae-Hyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.65-93
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    • 2020
  • With the development of information and communication technology, the unmanned aerial vehicle industry began to attract attention as a new growth industry as it entered the fourth industrial revolution. As the size of the unmanned aerial vehicles and the scope of airspace vary from small drones to large unmanned aerial vehicles, the developed countries such as USA and Europe are developing plans for the integrated operation of manned and unmanned aerial vehicles. ICAO is also working on amendments to the relevant ICAO annexes to establish international standards and recommendations for unmanned aerial vehicles. Korea also needs to prepare for the integrated operation of manned and unmanned aerial vehicles that will come in the future, and for this purpose, it is necessary to review and revise the national regulation systems for the safe operation of unmanned aerial vehicles. This study analyzes the amendments of related annexes discussed on the Remotely Piloted Aircraft System (RPAS) pannel, and suggests the direction of revision of the Aviation Safety Act for the safe operation of unmanned aerial vehicles in comparison with the existing Aviation Safety Act.

The Legal System Method of Software Safety to Strengthen Aviation Safety (항공안전을 강화하기 위한 소프트웨어 안전성 법제도 방안)

  • Jee, Jung-Eun;Lee, Sang-Ji;Shin, Yong-Tae
    • Journal of Advanced Navigation Technology
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    • v.15 no.5
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    • pp.687-695
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    • 2011
  • The defect caused by the software industry that is the source of knowledge-centric, information-centric and technology-centric affects an engine which operate a major role for operation of aircraft. Therefore, we should minimize the danger from the defect by strengthening the stability of aviation through the stability analysis of software. In this paper, we examine the laws and systems about the aircraft defects and software safety and propose the enhancement and the enactment of the law or measures to strengthen aviation safety. We should the existing law or system as items, such as the revision related to the safety analysis, standards of quality assurance including safety, application of quality assurance that you must attach the safety analysis report, assessment of detailed instructions of certification authorities. In addition, we should enact the new law and system as items such as the mandatory software evaluation and certification, continuous assessment based on the software life cycle, mandatory introduction of a standardized development methodology, strengthening of advanced workforce system. We can expect the improvement of software quality and an enhanced aviation safety by improving existing laws or systems and enacting new laws or systems.

A Study on the Improvement of the Administrative Disposition System for Airmans (항공종사자에 대한 처분제도 개선방안에 관한 연구)

  • Ahn, Hee-bok;Heo, Jin;Hwang, Ho-won
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.29 no.4
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    • pp.52-66
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    • 2021
  • In the aviation, airmans play a key role in aviation safety and perform tasks within a given range based on professional knowledge. If they fail to properly fulfill their obligations under the Aviation Safety Act, the Ministry of Land, Infrastructure and Transport(MOLIT) will dispose of them in accordance with the purpose of the Aviation Safety Act. However, in the case of this disposition, it does not specifically consider the circumstances of the violation, and has a limitation in that the evidence regulations are too limited, and the contents of the disposition are uniform. Therefore, this study attempted to present a plan to improve the disposition in order to improve the problem of administrative disposition for airman. To this end, we conducted a comparative analysis of the disposition of airmans through overseas cases, and Specifically, the three-stage disposition model and effectiveness were conducted in the direction of specific judgment on violations and predictability of disposition. We would like to propose a safety improvement order to increase the level of safety and proposed amendments to the law for the method of imposing a fine for negligence.

The cooperation of civil aviation and legal and political issues related to direct route operation between South and North Korea (남북간 민간항공협력과 직항로 개설 운영상의 법적 정책적 과제)

  • Kim, Maeng-Sern;Hong, Soon-KiI
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.111-132
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    • 2003
  • The air transport industry is the most important as means of human exchange between the countries. Because the spread effect and the durability by aviation cooperation between the countries are much higher than any other industry, a research about air transport industry is very important to allied industry field as well as national policy about International cooperation and integration. Specially, according to the economic interchange with North Korea becomes active, the role of air transport as related traffic network with North Korea becomes more important. The number of flights is increasing sharply after South-North summit meeting, and two sides established and are using temporary direct route between South-North Korea. When we consider that the number of flights utilizing temporary direct route is increasing every year, It is not desirable to use temporary routes continuously because the current agreement between South and North cant be reliable far the case of unexpected circumstance. In addition, the current agreement is not based on the international standards. The paper is to study the condition to promote the coordination of civil aviation in the whole Korean peninsula. As known, the aviation system in North Korea is mainly operated by military unit. The study will review the current status of air transport system of South and North and the effective way of cooperation of civil aviation between both sides. The cooperation between governments as well as between airlines is studied. The establishment of Air Traffic Service Agreement is going to be handled heavily because the stable air traffic service is the most required base for the operation of air transport. The authors also try to find a way to support the development of infrastructure of aviation industry in North Korea.

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The International Civil Aviation Organization and Recent Developments of Air Law in a Changing Environment (변환기(變換期)에 있어서의 국제민간항공기구(國際民間航空機構)(ICAD)와 항공법(航空法) 발전(發展)의 최근(最近) 동향(動向))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.7-35
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    • 1992
  • The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

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A Legal Study on the Certificate System for Light Sports Aircraft Repairman (경량항공기 정비사 자격증명제도에 관한 법적 고찰)

  • Kim, Woong-Yi;Shin, Dai-Won;Lee, Gi-Myung
    • 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.

A Comparative Study Between the Approved Maintenance Organizations for MROs of FAA and EASA (FAA와 EASA의 MRO 조직인증제도에 대한 비교연구)

  • Kim, Jo-Bok;Lee, Jin;Hurr, Hee-young
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.25 no.3
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    • pp.123-134
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    • 2017
  • In order to advance into the MRO industry, the Aviation maintenance organization with suitable for the standards for personnel, facilities and operations should be first approved by FAA and EASA. The purpose of study is designed to arrange the standards required for personnel, facility, operation rule for approval of Repair Station maintenance organizations certified by FAA PART 145 of the US Federal Aviation Regulation. Also to consider the following differences through the comparative analysis with domestic AMO certification of the information in the Management, Maintenance Process, and Quality System for approval of maintenance organization authorized, the additional EASA PART 145. As a comparative analysis on maintenance organization certification in the country between FAA and EASA, this study could show us that domestic maintenance organization, certified manual contents are used by applying just many of the FAA system. And we could know that as part of the EASA maintenance organization certification process, airmen personnel were relatively systematically segmented and controlled. For domestic maintenance organization certification, operational as policy implications we would like to present policy implications such as the implication of rating system of Aviation Mechanic License like EASA, the financial support of the training center to resolve the shortage of the FAA or EASA license holders, operational organization as "CAMO" for systematic aviation mechanic certified system should be required, continued construction of hangar or MRO for airworthiness repair under Governmental support, and varied application of DER system from FAA accordingly.

Optimal Maintenance Cycle for Aviation Oil Testing Equipment under the Consideration of Operational Environment (운용환경을 고려한 항공오일시험장비의 최적정비주기 설정)

  • Kim, In Seok;Jung, Won
    • Journal of Applied Reliability
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    • v.16 no.3
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    • pp.224-230
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    • 2016
  • Purpose: Military maintenance involves corrective and preventive actions carried out to keep a system in or restore it to a predetermined condition. This research develops an optimal maintenance cycle for aviation oil testing equipment with acceptable reliability level and minimum maintenance cost. Methods: The optimal maintenance policy in this research aims to satisfy the desired reliability level at the lowest cost. We assume that the failure process of equipment follows the power law non-homogeneous Poisson process model and the maintenance system is a minimal repair policy. Estimation and other statistical procedures (trend test and goodness of fit test) are given for this model. Results: With time varying failure rate, we developed reliability-based maintenance cost optimization model. This model will reduce the ownership cost through adopting a proactive reliability focused maintenance system. Conclusion: Based on the analysis, it is recommended to increase the current maintenance cycle by three times which is 0.5 year to 1.5 years. Because of the system's built-in self-checking features, it is not expected to have any problems of preventative maintenance cycle.

Study on Improvement in Operation and Management of Ultra-light flying device Civil Complaints Management System for Ultralight Aircraft (초경량비행장치의 민원처리시스템 운용 및 관리 효율성 개선을 위한 연구)

  • Seok, Geum-chan;Jang, Moon-su;Ryu, Yeon-seung
    • Journal of the Korea Convergence Society
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    • v.11 no.1
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    • pp.237-246
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    • 2020
  • The background of the research is the following: As a result of ultra-light flying device industry development, the utilization of drones and their efficiency have been increasing. However, problems regarding flight permission·approval procedure have not been improved, resulting in increased number of civil complaints. Thus, the purpose of this research is to minimize such civil petition according to the required standards of the two government organizations through enhancing the procedure for managing and employing the system. The research methods entail pinpointing the problems by analysing ultra-light flying device related literature review and by holding focus-interviews with field experts, thereby verifying and providing improved solutions. Under (MLIT) Ministry of Land, Infrastructure and Transport supervision and in accordance with aviation security law, the research provides various updated functions such as improved civil petition processing system's employment and management system, flight approval, integration of names, process, format regarding aviation photographing approval, tool buttons such as the 'Main' button in the system's homepage. This research has the following expected effects : Firstly in the law and regulations section, the clear distinction in the missions and roles of each organization enhances cooperations in tackling civil petition. Secondly the integration of civil petition process reduces time and improves efficiency. And lastly, the improvement of supplementary tools for the public is expected to minimize civil petitions. Future research needs to be conducted under the supervision of the Ministry of National Defense(MND). Factors such as systematic infrastructure for flight photography approval, related unit's reorganization following the defense reform 2.0, and guaranteed conditions for field security action units need to be ameliorated.

A Study on the Risk-based Model for Validation of Civil Aircraft (민간항공기 형식증명승인을 위한 위험기반 모델 개발 동향)

  • Baek, Unryul;Lee, Eunhee;Kim, Jinhee;Lee, Kyungchul
    • 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.