• The Korean Journal of Air & Space Law and Policy
• /
• v.33 no.2
• /
• pp.367-418
• /
• 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 Digital Convergence
• /
• v.11 no.4
• /
• pp.139-145
• /
• 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.

• The Korean Journal of Air & Space Law and Policy
• /
• v.27 no.1
• /
• pp.3-27
• /
• 2012

Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

• Journal of the Korean Society for Aviation and Aeronautics
• /
• v.29 no.1
• /
• pp.74-81
• /
• 2021

UAM(Urban Air Mobility) systems have evolved in the form of helicopters in the 1960~1970s, tiltrotors in the 1980s, small aircraft transportation systems in the 2000s, and electric-powered Vertical Take-Off and Landing (eVTOL) in the 2010s; accordingly, the early heliport has evolved to its current form of a Vertiport. Vertical Takeoff and Landing Sites, Vertiports, are important factors for the successful introduction of UAM, along with the resolution of air traffic control (ATC), air security, and noise problems. However, there are no domestic or international installation standards and guidelines yet. Therefore, in this study, installation standards were prepared by referring to domestic and international case studies, ICAO standards, and MIT research papers. The study proposes to establish standards for Final Approach and Takeoff Area (FATO) as 1.5D, 1D for Touchdown and Lift-Off Area (TLOF), and 1.5D for Safety Area (SA). It also proposes to add "UAM Vertiport Installation Standards" to the 「Act on the Promotion and Foundation of Drone Utilization, Drone Act」.

• The Korean Journal of Air & Space Law and Policy
• /
• v.25 no.2
• /
• pp.79-112
• /
• 2010

The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.

• Journal of the Korea Society of Computer and Information
• /
• v.26 no.6
• /
• pp.167-172
• /
• 2021

The objective of this study is to present the academic implications and developmental direction of the police assigned for special guard system through big data analysis on the objective and macroscopic viewpoint of the media. As research method, this study conducted the analysis on 'police assigned for special guard' and the analysis of related words that would visualize the keywords highly related to keyword trend and news. Also, after dividing the period into the 1990s, 2000s, and 2010s, the number of relevant articles in each period was drawn for understanding the flow. In the results of this study, the perception of media report of police assigned for special guard was about the recruitment of police assigned for special guard, and relevant events/accidents, which showed the coexistence of positive interest in the recruitment of police assigned for special guard and negative image of events/accidents related to police assigned for special guard. As a result, however, the necessity and demand for police assigned for special guard are increasing. Thus, the police assigned for special guard should be engaged in work after carefully thinking of its role in charge of ethical responsibility and safety as an axis for maintaining the national safety and social order.

• The Korean Journal of Air & Space Law and Policy
• /
• v.33 no.2
• /
• pp.291-314
• /
• 2018

In recent 3 years, Korea's low-cost airlines have expanded their areas of passenger transportation not only to domestic market but also to Japan, China, Southeast Asia and US territory as a total of 6 companies (8 airlines including small air operation business carriers). Currently, three more airlines have filed for air transportation business certification as future low-cost carriers, and this expansion is expected to continue. To cope with the aggressive airline operations of domestic and foreign low-cost carriers and to enhance their competitiveness, each low-cost airline is taking a number of strategies for promoting cabin service. Therefore, the workload of the cabin crew is increased in proportion to the expansion, and the fatigue directly connected with the safety task performance is increased. It is stipulated in the Enforcement Regulations of the Korea Aviation Safety Act that at minimum, one cabin crew is required per 50 passenger seating capacity, and all low cost carriers are boarding only the minimum cabin crew. Sometimes it is impossible for them to sit in a floor level emergency exit for evacuation, which is the main task of the cabin crew, and this can cause confusion among evacuating passengers in the event of an emergency. In addition, if one of the minimum cabin crew becomes incapacitated due to an injury or the like, it will become a serious impediment in performing emergency evacuation duties. Even in the normal situation, since it will be violating the Act prescription on the minimum cabin crew complement, passengers will have to move to another available airline flights, encountering extreme inconvenience. Annex 6 to the Convention on International Civil Aviation specifies international standards for the determination of the minimum number of cabin crew shall be based only on the number of passenger seats or passengers on board for safe and expeditious emergency evacuation. Thereby in order to enhance the safety of the passengers and the crew on board, it is necessary to consider the cabin crew's fatigue that may occur in the various job characteristics (service, safety, security, first aid)and floor level emergency exit seating in calculating the minimum number of cabin crew. And it is also deemed necessary for the government's regulatory body to enhance the cabin safety for passengers and crew when determining the number of minimum cabin crew by reflecting the cabin crew's workload leading to their fatigue and unavailability to be seated in a floor level emergency exit on low cost carriers.

• Journal of Convergence for Information Technology
• /
• v.11 no.9
• /
• pp.35-42
• /
• 2021

The purpose of this paper is to review the small unmanned aerial system (sUAS) safety policy promoted by the United States(US) government. Therefore, in this paper, along with sUAS risk factors, the risk factors of sUAS that the US government is interested in are described. In addition, the risk factors were classified into physical and non-physical factors, and provisions mentioned in the Federal Aviation Administration(FAA) Relicensing Act were reviewed. Other risk scenarios were analyzed focusing on target scenario items that the FAA is interested in, such as flight operation disruption, infrastructure damage, and facility trespassing. Of course, we looked at the risk management principles promoted by the US FAA. In this paper, as a research method, the direction and contents of the FAA's sUAS policy were studied and reviewed from the analysis of major foreign journals and policy. In the research result of this paper, by analyzing the FAA sUAS safety risk management policy, the integrated operation and safety policy, physical risk management policy, operation and safety regulation, and sUAS policy and technology direction necessary for establishing the sUAS safety risk management guide in Korea are presented. The contribution of this study is to identify the leading US sUAS safety policy direction, and it can be used as basic data for deriving future domestic policy directions from this. Based on the research results presented in the future, policy studies are needed to derive detailed implementation plans.