• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.31-63
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• 2011

Since Korea has invested only on developing an aircraft, it is true that Korea has neglected detailed standards and procedures about certification activities including essential safety procedures. Most developed countries have implemented mandatory airworthiness system by legislating it for operational safety of aircraft based on ICAO Annex 8, and the U.S. Department of Defense and the FAA's Airworthiness system have been adapted it to the realities of their circumstance. Therefore, Airworthiness system that can guarantee the safety of the aircraft at international level is necessary to enhance flight safety and to create export opportunities of an aircraft as a country which can develop an aircraft by itself To achieve this, a study on the improvement of aircraft airworthiness was carried out by analyzing the problem of domestic airworthiness system and by reflecting international best practices on the establishment of a system for improved Airworthiness.

• Journal of Advanced Navigation Technology
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• v.24 no.6
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• pp.491-499
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• 2020

There are policies that foster the drone industry, which either put a legal precedent on drones through the "Drone Act" or grant a delay or exemption in applying the safety measures of "the Aviation Safety Act". Yet, the definition of a drone is unclear, requiring further discussion on commercial usage. Therefore, we have studied cases domestically and abroad, and also analyzed issues with the current aviation legislation. It was found that a drone is defined as "an unmanned aircraft where a pilot is not on board, and its net weight is 150 kg or less". However, there are several issues, such as that a drone taxi requires a pilot on board, and its weight is 150 kg or more. Thus, we propose to define a drone as "an unmanned aerial vehicle (provided, that its own net weight should be 300 kg or under, or not be limited to weight) under Article 2 (3) of the "Aviation Security Act" as prescribed by Ordinance of the Ministry of Land, Infrastructure, and Transport, which operates either by remote, automatically, or autonomously; or an unmanned aircraft under Article 2 (6) of the "Aviation Security Act".

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.61-114
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• 2018

Recently airspace became a hot issue considering today's international relations. However, there was no data that could be fully explained about a legal system of korean airspace, so I looked at law and practice about korean airspace together. The nation's aviation law sector is comletely separate from those related to civil and military aircraft, at least in legal terms. The Minister of Land, Infrastructure and Transport shall carry out his/her duties with various authority granted by the "Aviation Safety Act". The nation's aviation-related content is being regulated too much by the Ministry of Land, Infrastructure and Transport's notice or regulation, and there are many things that are not well known about which clauses of the upper law are associated with. The notice should be clearly described only in detail on delegated matters. As for the airspace system, the airspace system is too complex for the public to understand, and there seems to be a gap between law and practice. Therefore, I think it would be good to reestablish a simple and practical airspace system. Airspace and aviation related tasks in the military need to be clearly understood by distinguishing between those entrusted by the Minister of Land, Infrastructure and Transport and those inherent in the military. Regarding matters entrusted by the Minister of Land, Infrastructure and Transpor, it is necessary to work closely with the Minister of Land, Infrastructure and Transport when preparing related work guidelines, and to clarify who should prepare the guidelines. Regarding airspace control as a military operation, policies or guidelines that are faithful to military doctrine on airspace control are needed.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.13 no.3
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• pp.43-60
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• 2005

In september 2004, a new pilot certificate scheme referred to as Sport Pilot Certificate was declared official and standardized in the US. The designation of Light-sport aircraft and the details of the relevant pilot certificate policy was announced out of the perception that a new regulation is required to be applied whereby the limitations on the manufacturing process enhancements and current aviation rules are considered the triggering factors. US Federal Aviation Regulation retains a comprehensive range of airworthiness certificates and aircrafts are managed systematically in accordance with FAR 21, 103. The airworthiness are further segregated into sub categories, which allows differentiated management. Korean Aviation Law classify aircraft into five different categories and powered air vehicle that weighs more than 150kg(19liters fuel capacity) for one seat, 225kg for two seats(38liters fuel capacity) while the systems that fall under a specific mass threshold level are known as ultralight vehicle. The research discusses the policy of the sport pilot certificate and the light-sport aircraft ratings announced official by the Federal Aviation Administration in an intuitive fashion with the analysis of the operations providing the evidence as to the viability of adopting the policy in local grounds. Based on the findings, the report discusses the case for introducing the light-sport aircraft and make recommendation on a strategy of applying the policy in Korea with respect to the pilot certificates, safety agenda, and the written test for the pilot certificate, and operating efficiency.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.55-86
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• 2014

The U.S. General Aviation Revitalization Act of 1994 (the "GARA") created a statute of repose that bars any claims arising from an aviation product or component more than 18 years after its date of delivery. The statute was enacted to protect general aviation aircraft manufacturers from the excessive product liability costs. The GARA included four exceptions: (a) medical emergency patients, (b) those not on the aircraft, (c) those based on written warranties, and (d) those causally related to a "knowing misrepresentation" made by the manufacturer to the FAA. The GARA also incorporates a provision for revised starting point of reckoning to which any repairs or replacements of an aviation product. This note aimed to discuss General Aviation and GARA in depth including the meaning of statue of repose, its exceptions. The various precedents about GARA were also reviewed in here as well. From the GARA, as a comparative legal issue in aviation product liability, there can be some suggestions for revision of Korean Products Liability Act. First, it seems to be reasonable to regulate the specific statute of repose provisions for various category of products. In GARA, the period of 18 years is reasonable concerning to the average aircraft life. Second, in order to avoid exhausting debate and for the judicial economy, it needs to clarify when the statute begins to run. GARA's 18 year limitation period begins to run on the different date whether it was delivered to its first purchaser or a person engaged in the business of selling the aircraft. Last but not least, proper exceptions should be added into the law for equity matter of the statute of repose does not apply. For example, a manufacturer is not protected by GARA if it knowingly misrepresents certain safety information to the FAA.

• 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.

• Journal of the Korea Safety Management & Science
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• v.17 no.1
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• pp.257-264
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• 2015

"Act on Facilitation of Purchase of Small and Medium Enterprise - Manufactured Products and Support for Development of Their Markets" was created and implemented. The act states that the materials designated by the Small and Medium Business Administration are directly purchased from the small and medium enterprises and provided to the construction companies so that the materials can be provided as GFGI (Government Furnished and Government Installed) in the case of a public construction project. This thesis is aimed to analyze the current status on the problems of each project party and understand their improvement requests so that mutually beneficial plans can be sought and improved process is presented for the continuous development of the direct construction material purchase system as well as successful construction projects. And This thesis summarized the purpose of the institutions and their change histories, and related law as well as codes for the better understanding of administrative procedures for the purchase system and the analyses as well as the improved process on the difficulties in complying with the current institutions.

• Journal of Digital Convergence
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• v.11 no.4
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• pp.139-145
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• 2013

This study examines the logistics policy and system to activate the air freight known shipper system in Korea in order to suggest how to use the system necessary to convert and expand common shippers into known shippers. Even though "The Act on Aviation Safety and Security" and "Air Freight Security Criteria for Known Shippers" were revised in 2012 and 2011 each, the purpose was to regulate procedures to control aviation safety and security and air also freight security, so it does not include any measures to activate the known shipper system. Therefore, to activate the known shipper system, this study suggests measures to use the logistics security support system of "The Fundamental Law on Logistics Policy" revised in 2012, the logistics cooperation system, and consulting support as well.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.29 no.3
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• pp.24-33
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• 2021

Although it is the first transportation method to apply the 'Ground Effect' applied to aircraft to ships, WIG ships, which are classified as 'Ships' operating on the water under international law. The pilot aptitude test, which has the effect of preventing safety accidents in advance, has not yet been established as a legal system in S. Korea, after being certified by the Korean Register of Shipping (KR) for the first time in the world in March 2020. Therefore, the purpose of this study is to ensure that identifying the importance, recognition, correlation, etc. of the tools and items of aptitude testing, from a group of experts, can be used appropriately for future development of legal aptitude testing tools. As a method of study, the questionnaire method was used, and the analysis confirmed that the tools used on aircraft and ships could be used appropriately. In particular, Due to the characteristics of the WIG ships, it was confirmed that it is necessary to develop more specifically in the future, the operational qualifications and physical fitness items, which are the aptitude evaluation items.