• Journal of the Korean Society for Aviation and Aeronautics
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• v.23 no.2
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• pp.57-62
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• 2015

As the issuance of type certificate and production certificate for KC-100 Naraon, Korea is ranked as the State of Design and the State of Manufacture for civil aircraft specified in the Convention on International Civil Aviation. It means that another responsibilities are imposed and new frameworks are required for the airworthiness management including the continuing airworthiness. So far the minimum airworthiness management system was sufficient as the State of Registry for the aircraft operations and safety management. However, we need to establish and maintain the airworthiness management system for the effective certification and oversight of our air operators and approval holders. This paper introduces the new obligations under the Convention on International Civil Aviation, reviews the current aviation regulations and procedures and presents the strategy for the establishment of the regulatory system to ensure the airworthiness of aircraft.

• 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.

• 한국항공운항학회:학술대회논문집
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• 2016.05a
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• pp.99-101
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• 2016

우리나라는 항공안전을 위한 지속적인 노력으로 국제적인 수준의 안전성을 유지하여 왔으나, 최근의 여러 항공사고의 발생과 급변하는 국제적 환경에 따라 항공안전관리체계의 개선 필요성이 요구되고 있다. 본 연구는 이러한 상황에 대응하기 위해 2014년부터 수행되고 있는 시스템 기반 항공(운항, 감항) 안전감독 지원시스템의 개발 이후 원활한 운영을 위하여, 운영에 필요한 기반에 해당하는 법령 고시 훈령 예규 등 법제도와 정책의 수립을 위한 연구이다. 본 연구에서는 항공안전감독 업무에 관련되는 국내외 법제도를 조사 및 분석하여 문제점을 파악하고, 국외 사례와 비교하여 개선방안을 제시한다. 주요 개선방안으로는 법령에 위험관리를 위한 체계의 정의와 그 역할에 대한 세부적인 명시 등이 필요하다는 시사점을 제시한다.

• 한국항공운항학회:학술대회논문집
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• 2016.05a
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• pp.125-130
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• 2016

최근 국내에서 개발한 KC-100 항공기의 형식증명 및 제작증명이 완료됨에 따라 우리나라도 항공기 제작/설계국 반열에 오르게 되었고, KC-100 개발을 계기로 국내 개발 항공기의 해외 수출을 대비한 제작/설계국으로서의 감항성 유지 체계 및 시스템 구축이 필요로 하게 되었다. 본 연구에서는 ICAO에서 제시하는 국가 유형 별 감항성 유지 업무의 책임 및 해외 항공선진국의 감항성 유지체계와 우리나라의 지속감항업무 수행현황을 비교분석하여 국내 감항성 유지 체계 및 항공기 고장보고 항목에 대한 개선 방안을 제시하였고 항공안전정보 네트워크를 구축하여 지속감항체계에서 획득한 항공 안전기술정보를 안전감독에 활용하기위한 방안을 연구하였다.

• 한국항공운항학회:학술대회논문집
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• 2016.05a
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• pp.117-124
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• 2016

현행 국내 항공안전감독 업무 및 시스템의 인허가 AOC(Air Operator Certificate) 관련 정보 확인 기능 부재, 연 월간 감독계획 간의 연계성 취약, 점검 데이터 활용 통계 및 분석 기반 취약, 점검 및 인허가 대상별 인허가 점검 관련 데이터 관리 기반 미흡, 제한적 시스템 기능 구현에 따른 상당 업무기능의 수작업 문서처리 등의 한계점을 파악하고 이를 개선하기 위한 대안으로 위험관리(Risk Management) 기법을 활용한 항공안전감독 업무절차 및 현행 운영 시스템의 개선모형을 도출하고 이를 적용한 운영체계의 구현 방향성을 제시하고자 한다.

• Journal of Wellbeing Management and Applied Psychology
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• v.7 no.1
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• pp.27-33
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• 2024

Purpose: This study investigates human error accidents in the Korean railway sector, emphasizing the need for systematic management to prevent such incidents, which can have fatal consequences, especially in driving-related jobs. Research design, data and methodology: This paper analyzed data from the Aviation and Railway Accident Investigation Board and the Korea Transportation Safety Authority, examining 240 human error accidents that occurred over the last five years (2018-2022). The analysis focused on accidents in the driving, facility, electric, and control fields. Results: The findings indicate that the majority of human error accidents stem from negligence in confirmation checks, issues with work methods, and oversight in facility maintenance. In the driving field, errors such as signal check neglect and braking failures are prevalent, while in the facility and electric fields, the main issues are maintenance delays and neglect of safety measures. Conclusions: The paper concludes that human error accidents are complex and multifaceted, often resulting from a high workload on engineers and systemic issues within the railway system. Future research should delve into the causal relationships of these accidents and develop targeted prevention strategies through improved work processes, education, and training.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.67-95
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• 2014

Some Contracting States of the Chicago Convention issue FAOC(Foreign Air Operator Certificate) and conduct various safety assessments for the safety of the foreign operators which operate to their state. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident. FAOC also burdens the other contracting States to the Chicago Convention due to additional requirements and late permission. EASA(European Aviation Safety Agency) is a body governed by European Basic Regulation. EASA was set up in 2003 and conduct specific regulatory and executive tasks in the field of civil aviation safety and environmental protection. EASA's mission is to promote the highest common standards of safety and environmental protection in civil aviation. The task of the EASA has been expanded from airworthiness to air operations and currently includes the rulemaking and standardization of airworthiness, air crew, air operations, TCO, ATM/ANS safety oversight, aerodromes, etc. According to Implementing Rule, Commission Regulation(EU) No 452/2014, EASA has the mandate to issue safety authorizations to commercial air carriers from outside the EU as from 26 May 2014. Third country operators (TCO) flying to any of the 28 EU Member States and/or to 4 EFTA States (Iceland, Norway, Liechtenstein, Switzerland) must apply to EASA for a so called TCO authorization. EASA will only take over the safety-related part of foreign operator assessment. Operating permits will continue to be issued by the national authorities. A 30-month transition period ensures smooth implementation without interrupting international air operations of foreign air carriers to the EU/EASA. Operators who are currently flying to Europe can continue to do so, but must submit an application for a TCO authorization before 26 November 2014. After the transition period, which lasts until 26 November 2016, a valid TCO authorization will be a mandatory prerequisite, in the absence of which an operating permit cannot be issued by a Member State. The European TCO authorization regime does not differentiate between scheduled and non-scheduled commercial air transport operations in principle. All TCO with commercial air transport need to apply for a TCO authorization. Operators with a potential need of operating to the EU at some time in the near future are advised to apply for a TCO authorization in due course, even when the date of operations is unknown. For all the issue mentioned above, I have studied the function of EASA and EU Regulation including TCO Implementing Rule newly introduced, and suggested some proposals. I hope that this paper is 1) to help preparation of TCO authorization, 2) to help understanding about the international issue, 3) to help the improvement of korean aviation regulations and government organizations, 4) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.115-157
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• 2013

Some contracting States of the Convention on International Civil Aviation (commonly known as the Chicago Convention) issue FAOC(Foreign AOC and/or Operations Specifications) and conduct various safety audits for the foreign operators. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident, it is the source of concern from the legal as well as economic perspectives. FAOC of the USA doubly burdens the other contracting States to the Chicago Convention because it is the requirement other than that prescribed by the Chicago Convention of which provisions are faithfully observed by almost all the contracting States. The Chicago Convention in its Article 33 stipulates that each contracting State recognize the validity of the certificates of airworthiness and licenses issued by other contracting States as long as they meet the minimum standards of the ICAO. Consequently, it is submitted that the unilateral action of the USA, China, Mongolia, Australia, and the Philippines issuing the FOAC to the aircraft of other States is against the Convention. It is worry some that this breach of international law is likely to be followed by the European Union which is believed to be in preparation for its own unilateral application. The ICAO established by the Chicago Convention to be in charge of safe and orderly development of the international civil aviation has been in hard work to both upgrade and emphasize the safe operation of aircraft. As the result of these endeavors, it prepared a new Annex 19 to the Chicago Convention with the title of "Safety Management" and with the applicable date 14 November 2013. It is this Annex and other ICAO documents relevant to the safety that the contracting States to the Chicago Convention have to observe. Otherwise, it is the economical burden due to probable delay in issuing the FOAC and bureaucracies combined with many different paperworks and regulations depending on where the aircraft is flown. It is exactly to avoid this type of confusion and waste that the Chicago Convention aimed at when it was adopted in 1944. The State of the operator shall establish a system for both the certification and the continued surveillance of the operator in accordance with ICAO SARPs to ensure that the required standards of operations are maintained. Certainly the operator shall meet and maintain the requirements established by the States in which it operate. The authority of a State stops where the authority of another State intervenes or where the former has yielded its power by an international agreement for the sake of international cooperation. Hence, it is not within the realm of the State to issue FAOC towards foreign operators for the reason that these foreign operators are flying in and out of the State. Furthermore, there are other safety audits such as ICAO USOAP, IATA IOSA, FAA IASA, and EU SAFA that assure the safe operation of the aircraft, but within the limit of their power and in compliance with the ICAO SARPs. If the safety level of any operator is not satisfactory, the operator could be banned to operate in the contracting States with watchful eyes until the ICAO SARPs are met. This time-honoured practice has been applied without any serious problems. Besides, we have the new Annex 19 to strengthen and upgrade with easy reference for contracting States. We don't have no reason to introduce additional burden to the States by unilateral actions of some States. These actions have to be corrected. On the other hand, when it comes to the carriage of the Personal or Pilot Log Book, the Korean regulation requiring it is in contrast with other relevant provisions of USA, USOAP, IOSA, and SAFA. The Chicago Convention requires in its Articles 29 and 34 only the carriage of the Journey Log Book and some other certificates, but do not mention the Personal Log Book at all. Paragraph 5.1.1.1 of Annex 1 to the Chicago Convention even makes it clear that the carriage in the aircraft of the Personal Log Book is not required on international flights. The unique Korean regulation in this regards giving the unnecessary burden to the national flag air carriers has to be lifted at once.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.97-115
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• 2013

The world-wide principal criteria of aircraft operations is ICAO Annex 6. Operations of Aircraft. Among ICAO Annex 6, Part I is for International Commercial Air Transport - Aeroplanes and it assumes major part of civil aviation. ICAO has been providing Contracting States with SARPs(Standards and Recommended Practices) and monitor each State's reflection degree into their domestic air law, so-called USOAP(Universal Safety Oversight Audit Program). Current ICAO USOAP is Snap-shot method, but it will be changed to USOAP-CMA method from the year of 2013. ICAO USOAP results have overall effects on national aviation industry such as routes, insurance, airlines cooperation and so forth. Low grades of results attract international attention and that leads to flag carrier's operation stoppage, route restriction, airlines cooperation restriction, insurance increase directly or indirectly. Thus it is important to get excellent grades in ICAO USOAP and to maintain confidence. Our government ranked top to get 98.89 grades in 2008 ICAO USOAP but after 2008 the revised provisions have not been reflected sufficiently into our air law. So I would like to grip reflection ratio of ICAO Annex 6 Part I into our domestic air law by using the most updated revised edition on this paper. Together I would like to suggest alternatives for the non-reflected and partially reflected.