• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.147-176
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• 2011

China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.1
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• pp.255-272
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• 2005

This study was conducted to present the adaquate guidelines necessary in decision making processes regarding air traffic management as well as airspace management in the national airspace system. It encompasses the overall advanced air traffic management initiatives, domestic air traffic congestion and resolution method as well.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.281-312
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• 2020

Despite the recent economic difficulties, the on-line market is overtaking the off-line market. Since US Amazon CEO Jeff Bezos mentioned that a delivery service using drones is possible, it has been creating new perspectives and values that have never been seen before. Drones are being used in various fields. Among them, the delivery service using drones will be the future growth engine of Korea in cooperation with the 4th industrial revolution. However, as drones are put into practical use, problems such as human life and property damage and personal information protection due to public collisions or falls are expected. The practical use of future drones is inevitable, not optional. As a method for commercialization of drones, first, securing safety through drone use and securing a national certification system, which is the minimum standard system for drone safety, and second, securing various infrastructures by activating drone use, and third, aviation regulations and personal information protection, etc. It needs to be supplemented in terms of laws and regulations.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.125-157
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• 2019

Technological advancement and demand of sUAS (small Unmanned Aircraft System)are rapidly growing, which makes the current legal system unable to follow. Currently, Aviation Security Act and its subordinate law exclude the registration and certification for non-commercial purpose sUAS weighing less than 12kg. Despite this sUAS being the most popular model for consumer, there is no way to regulate them legally. When there is sUAS crash accident, the operator legally responsible for the occurrence damage cannot be identified. It has been an issue for a long time with the concrete classification and registration of sUAS, but it has not been introduced yet. It is obvious that damages caused by sUAS will be transferred not only to operators but also to third parties. Discussions on liability insurance for these sUAS are actively being held. But first, it is necessary to identify who will be responsible for the damage caused by the sUAS. In other words, even with the liability system established, without clarified operator the damage occurred cannot determine who is responsible. According to the cases of America and Germany, they have enforced the law of registration and identification obligated to 200g or 250g sUAS. Therefore, it is necessary to prepare regulations on concrete classification and registrations to identify for noncommercial purpose sUAS as soon as possible in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.14
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• pp.207-240
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• 2001

본 연구에서는 항공운송산업의 발전을 위하여 항공기 운항의 기반이 되는 국내 공역관리의 실태와 문제점을 검토하고, 이의 개선방안을 도출하고져 하였다. 한국은 세계10위의 국제적 민간항공국임에도 불구하고 경쟁력의 원천인 국내여건이 매우 취약한 실정이다. 국내 공역은 약 40만$km^2$인 대구비행정보구역내에 14개소의 접근관제구역과 16개의 항공로가 있고, 민간항공의 비행을 금지하거니 제한하는 71개소의 통제공역과 47개소의 주의공역이 설정되어 있다. 이와 같이 국내 공역은 매우 협소하고 복잡하며, 국가안보의 특수 상황으로 인하여 공역운영의 효율성이 떨어지며, 항공운항의 비경제성과 비행안전요인이 상존하고 있다. 이를 개선하기 위해서는 국가공역관리체제가 실질적이며 체계적으로 확립되어야 하며, 총체적인 국가이익의 극대화를 위하여 안보목적의 군 관할 공역과 민간항공이 활용 가능한 공역의 활당이 최적화 될 수 있도록 공역구조가 재편되어야 한다. 또한 운영상 효율성을 제고하기 위하여 접근관제구역의 광역화, 항공로체제 개선, 공역설계기준의 제정, 수도권 공역 부족의 해소와 미래항행시스댐 운영에 대한 대비가 필요하다.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.247-280
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• 2020

For customs-free and liberalization on the trade of aircraft parts, the WTO Agreement on Trade in Civil Aircraft was separately concluded as plurilateral trade agreement at the time of launching WTO in 1995, and currently 33 countries including the United States and the EU are acceded but Korea does not. Major details of the Agreement on Trade in Civil Aircraft include product coverage, the elimination of customs duties and other charges, the prohibition of government-directed procurement of civil aircraft, the application of the Agreement on Subsides and Countervailing Measures, and the consultation on issues related to this Agreement and dispute resolution. Article 89 paragraph 6 of the current Customs Act was newly established on December 31, 2018, and the tariff reduction rate for imports of aircraft parts will be reduced in stages from May 2019 and the tariff reduction system will be abolished in 2026. Accordingly, looking at the impact of the Agreement on Trade in Civil Aircraft on the aviation industry, first, as for the impact on the air transport industry, an tariff allotment of the domestic air transport industry is expected to reach about 160 billion won a year from 2026, and upon acceding to the Agreement on Trade in Civil Aircraft, the domestic air transport industry will be able to import aircraft parts at no tariff, so it will not have to pay 3 to 8 percent import duties. Second, as for the impact on the aviation MRO industry, if the tariff reduction system for aircraft parts is phased out or abolished in stages, overseas outsourcing costs in the engine maintenance and parts maintenance are expected to increase, and upon acceding to the Agreement on Trade in Civil Aircraft, the aviation MRO industry will be able to import aircraft parts at no tariff, so it will reduce overseas outsourcing costs. If the author proposes a policy direction for the trade liberalization of aircraft parts to ensure competitiveness of the aviation industry, first, as for the tariff reduction by the use of FTA, in order to be favored with the tariff reduction by the use of FTA, it is necessary to secure the certificate of origin from foreign traders in the United States and the EU, and to revise the provisions of Korea-Singapore and Korea-EU FTA. Second, as for the push of acceding to the Agreement on Trade in Civil Aircraft, it would be resonable to push the acceding to Agreement on Trade in Civil Aircraft for customs-free on the trade of aircraft parts, as the tariff reduction method by the use of FTA has limits. Third, as for the improvement of the tariff reduction system for aircraft parts under the Customs Act, it is expected that there will take a considerable amount of time until the acceding to the Agreement on Trade in Civil Aircraft, so separate improvement measures are needed to continue the tariff reduction system of aircraft parts under Article 89 paragraph 6 of the Customs Act. In conclusion, Korea should accede to the WTO Agreement on Trade in Civil Aircraft to create an environment in which our aviation industry can compete fairly with foreign aviation industries and ensure competitiveness by achieving customs-free and liberalization on the trade of aircraft parts.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.29 no.4
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• pp.166-172
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• 2021

Obstacle Limitation Surfaces (OLS) are set to protect a certain amount of airspace to limit objects, such as building, other structures, penetrating OLS for safety and regularity of aircraft operations in the vicinity of aerodromes. However, many civil petitions have been raising for effective utilization of lands and permission of building construction which penetrating OLS. While Republic of Korea are limiting installation of penetrating objects based on the National law of airport facilities, such objects are possibly permitted, only if, the possible risks coming from objects are acceptable or negligible in terms of safety and regularity in aircraft operations through the evaluation process, called as an aeronautical study. However, many countries are currently applying their own criteria, processes resulting in failing secure reliable results in aeronautical study. This research aims to establish the framework on criteria, process, and methodologies how the aeronautical study works including work flows between many stakeholder and responsibilities to be specified in national regulation system.

• The Korean Journal of Air & Space Law and Policy
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• v.12
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• pp.144-177
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• 2000

Our nation have several procedures and law for national airspace management, however those procedures and law not enough to manage airspace. Therefore, I have studied this paper for improving flight safety and for providing economics flight of civcil aircraft and military aircraft, also, for increasing efficiency of airspace through systematic airspace management, additionally, for improving nation defense ability and for preventation our nation damage when occuring airspace problem. Nowaday. in using airspace. two theory which freely use theory and use theory under jurisdiction is opposed by every nation in worldwide. Consequently. we can realize every nation endeavour to increase their jurisdiction airspace. However. our nation is not still prepared to cope with other nation when occuring airspace trouble. because airspace definition is not prescribed on our aviation law. Therefore. several problems which are improved in our airspace management are presented on this paper. The presented matters are as follows. First, The airspace definition is not prescribed on aviation law and responsibility limit of airspace management is ambugious. Second. problem on structure of approach control area and special airspace, Third. problem on airway system. Fourth. civil agency and military agency apply respectively different regulation in establishment of aircraft flight route, To grasp these problems, considered the airspace conception, airspace classfication. legal character of airspace. our nation airspace state and management together with other nation airspace state and management. also compared our nation airspace management with other nation airspace management. And. improvement methods to solve problems which was appeared by comparing and analysis are presented on this paper.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.213-239
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• 2003

This paper intends to describe the liability regime of the air carrier under the Montreal Convention of 1999 for the international cargo, comparing to those of the existing Warsaw Convention system. Also this paper deals with main issues of the Montreal Convention which are relevant for the carrier's liability in the carriage by air of cargo. The Warsaw Convention was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975, and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. International air carrier is liable by application of principle of strict liability as stated in the Montreal Convention : The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air, and the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. However, the Montreal Convention has main outstanding issues with respect to the liability of the air carrier : potential conflicts between the Montreal Convention and the Warsaw Convention, the amounts of limits of the carrier's liability, the duration of the carrier's liability, the exessive litigation, and the aviation insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• 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.