• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.27-54
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• 2010

Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

• Journal of Advanced Navigation Technology
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• v.22 no.6
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• pp.537-544
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• 2018

A national comprehensive aviation test center is being constructed for the purpose of flight tests for development and modification of aircraft or flight inspections for the development of navaids. Flight testing is a high-risk task, so strict risk management processes are required prior to operation. In addition, since the flight test center is subject to the airdrome regulations under the current law, the introduction of the safety management system will enhance safety as usual in ordinary airports. The establishment of a safety management system based on ICAO criteria is an optimal means of ensuring safe and effective operation of the test center and may mitigate the risks that may arise during flight testing. This paper focuses on risk assessment and mitigation required for safety management at the flight test center. We conducted risk assessments on the flight hazards identified in the previous study. Then the high risk group of hazards were selected and risk mitigation techniques such as avoidance, reduction, acceptance, and control were applied.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.26 no.3
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• pp.93-104
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• 2018

It is mandatory to use car seats for infants and children in the private vehicles in accordance with the traffic law of Korea. Recently, legislation has also been proposed to expand the use car seats to express and intercity buses. This reflects a growing consensus that mandatory infant and child car seats, both for private and commercial vehicles, are essential. However, Korean laws concerning infants and children on board aircraft allow parents or guardians to hold children under two years of age on their laps without any restraint devices. It is not possible for a parent to physically restrain an infant or child, especially during a sudden acceleration or deceleration, unanticipated or severe turbulence, or impact. The use of CRS provides an equivalent level of safety to infants and children as that afforded to adult passengers wearing seat belts. But there is no regulation even about Child Restraint Systems on board aircraft in Korea. To enhance their safety, infants and children should be restrained in an approved child restraint system that is appropriate to their weight and height. It is necessary to examine whether infants and children in flight can achieve the same level of safety as an adult.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.367-418
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• 2018

Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.30 no.1
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• pp.38-43
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• 2022

As the use of unmanned aerial vehicles increases, in order to expand the operability of the unmanned aerial vehicle, it is essential to develop an unmanned aerial vehicle traffic management system, and to establish the system, it is necessary to analyze the integrated navigation performance of the unmanned aerial vehicle to be operated. Integrated navigation performance is affected by various factors such as the type of unmanned aerial vehicle, flight environment, and guidance law algorithm. In addition, since a large amount of flight data is required to obtain high-reliability analysis results, efficient and consistent flight scenarios are required. In this paper, a flight scenario that satisfies the requirements for integrated navigation performance analysis of rotary and fixed-wing unmanned aerial vehicles was designed and verified through flight experiments.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.337-371
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• 2015

In recent years, aviation safety has been facing new hazards due to the rapidly changing environment in which aircraft operation increasingly finds. Continuously increasing air traffic volume, integration of various cultures from many States, and many other changes are the causal factors of the new risks. To identify such new hazards and risks, the government of the Republic of Korea (ROK) established aviation safety reporting systems in accordance with the international standards of the Convention on International Civil Aviation. However, there are some misunderstandings by the government in operating and by the personnel who take part in these reporting systems. Everybody should understand that aviation safety reporting system is not a punitive measure but a tool for collecting data in order to improve safety. In addition, such a system can be utilized further to promote an improved awareness on the need for a proper safety culture on the part of both the government, the industry and the personnel. This paper includes studies on international standards, relevant regulations in the United States and the United Kingdom. Moreover, this paper proposes to the government of ROK several points to improve their own system, including integration of the existing reporting systems, improvement of reporting items, implementation of safety data taxonomy and the establishment of safety data protection.

• Journal of Korean Society of Transportation
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• v.21 no.1
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• pp.7-19
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• 2003

The airspace has to be designed considering the flight safety and economic efficiency of aircraft operators. The International Civil Aviation Organization(ICAO) published standards and recommended practices for safe design of the airspace. Each contracting country must follow the ICAO standards in designing the airspace for the utilization of civil aviation. Normally each member establishes its own standards and national aviation law for the safe and efficient design of the airspace, regarding the ICAO standards. However, our government has not developed yet clear and detailed standards and regulation system for airspace design. This might lead to aviation accidents and disputes between operators of aviation system This study is to review the characteristics of ICAO standards and a legal problem related to application of international standards for airspace design. Specifically this research analyzed the case of airspace design and operation of a domestic airport. The results of analysis are as follow: (1) per the safety of civil aviation, it is very required to establish national regulation system to follow ICAO standards in designing airspace, (2) It is also necessary to establish separate procedure for civil aircraft in military air base, when the aerodrome is co-used by military and civil aircraft. If the same procedure for military aircraft is applied to civil aircraft, it is necessary to make clear what the design concept is, (3) and the differences from ICAO standards have to be publicly known.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.3-17
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• 2009

The Rome Convention System (1933, 1952, 1978) which deal the third party lability relating to damage caused by aircraft to third parties on the surface have not been so effective and successful like the Warsaw Convention System. This paper briefs the development of the Rome Convention System and the reasons of their failure which are the low level of the limit of liability and non-parties of major civil aviation states such as the United States, the United Kingdom, Japan, Germany and etc. The Diplomatic Conference hosted by ICAO at Montreal during April 20 to May 2 has successfully produced two Conventions; One is Convention on Compensation for Damage Caused by Aircraft to Third Parties (General Risk Convention), the other is Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference involving Aircraft (Unlawful Interference Convention). The major contents and some problems of these two Conventions are reviewed in comparison with the exisiting Rome Convention System and other legal system. Particularly, the entrance into force of the Unlawful Interference Convention may take some time, at least more than 5 years, due to the realistic problems arising from the operation of International Civil Aviation Fund.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.31-66
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• 2008

Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

• 제어로봇시스템학회:학술대회논문집
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• 2001.10a
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• pp.167.2-167
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• 2001

This paper presents guidance and control laws which guarantee a minimum fuel consumption and have obustness against various disturbances during a terminal-landing phase on the lunar surface. The nonlinear robust tracking control system is designed to track the reference profiles, which are expressed by exponential functions. An adjustment law in the tracking controller is given in the form of the differential equations with respect to the controller´s variable gains. Computer simulations are performed to examine the tracking accuracy, the robustness in a thrust failure mode, and the vertical soft landing at a pre-assigned point on the lunar surface. The results of numerical simulation show the effectiveness of the present control law.