• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.183-204
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• 2014

US 911 incidents have changed all aviation security system in the world. Especially the US changed all existing system into new one. One of the most fundamental changes is aviation security acts, regulation and several programmes. Based on the new aviation security act enacted in 2001, several code of federal regulations have been amended to strengthen US aviation security system. These regulation also enable new aviation security programmes including several airline and airport security related programmes, K-9 programme, BDO programme and air marshall programmed. All the programmes enables US aviation security improvements. Also the creating of TSA based on the aviation and transportation security act has provided the enhancement of aviation security in US. The purpose of this thesis is studying the change of aviation security system in the US especiatly in terms of aviation security legislation perfective and comparing the system with Korean aviation security legal system and provides possible solution to enhance Korean aviation security legislation and structure.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.3-35
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• 2009

A concept of Aircraft crime includes an Air range, unlawful seizure of aircraft and unlawful acts against the safety of civil aviation. There are international treaties and conventions which have mainly been enacted by ICAO. The following treaties and conventions are categorical and unconditional norms that any States are clearly condemned. Convention on Offences and Certain other Acts Committed on Board Aircraft, Convention for the Suppression of Unlawful Seizure of Aircraft, Convention for the suppression of unlawful acts against the safety of civil aviation, Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Convention on the Marking of Plastic Explosives for the Purpose of Detection In this essay, I present the meaning of the aircraft crime mentioned on the treaties above and jurisdiction of the crime. Moreover, I explain how to demand reparation for damages onboard or on the surface when an aircraft crime is occurred. Lastly, I indicate legal bases of how to protect the victims of the aircraft crime by mentioning specific cases relating to the crime.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.93-114
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• 2008

The purpose of this study is to review the changes in the aviation safety management system, how that system has evolved and what forces caused these changes to take place. Also included is an examination of the development process of the aviation safety management system in view of the new institutionalism, identifying the patterns of change. Based on the results of this study, I propose policy methods to design a desirable civil aviation safety system with a view toward raising the safety standards in the Korean civil aviation community. The major analysis variables are as follows: first, aviation accidents caused by external factors and international standards as independent variables second, environmental changes and political processes affecting aviation safety management system as major mediating variables and third, the aviation safety management legal system, the aviation safety management organizations and an expert participation system as dependent variables. The institutional changes and continuance of the aviation safety management system show that when specific circumstances arise, the continuance lasts depending on the path dependency, and in a certain circumstance, when immanent changing factors reach a critical point, the system suddenly changes by a punctuated equilibrium, which are all included in this study.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.3-32
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• 2014

Safety Management System is the aviation industry policy for while operating the aircraft, to ensure the safety crew, aircraft and passengers. For operating a safe aircraft, in order to establish the international technical standards, the International Civil Aviation Organization has established the Annex 19 of the Convention on International Civil Aviation. As a result, member country was supposed to be in accordance with the policy of the International Civil Aviation Organization, to accept the international standard of domestic air law. The South Korean government announced that it would promote active safety management strategy in primary aviation policy master plan of 2012. And, by integrating and state safety programmes(ssp) and safety management system(sms) for the safe management of Annex 19 is to enforce the policy on aviation safety standards. State safety programmes(ssp) is a system of activities for the aim of strengthening the safety and integrated management of the activities of government. State safety programmes(ssp) is important on the basis of the data of the risk information. Collecting aviation hazard information is necessary for efficient operation of the state safety programmes(ssp) Korean government must implement the strategy required to comply with aviation methods and standards of the International Civil Aviation Organization. Airlines, must strive to safety features for safety culture construction and improvement of safety management is realized. It is necessary to make regulations on the basis of the aviation practice, for aviation safety regulatory requirements, aviation safety should reflect the opinion of the aviation industry.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• 한국항공운항학회:학술대회논문집
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• 2016.05a
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• pp.89-94
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• 2016

This paper is to investigate how each cases(recurrent cases) is to be classified and what each parties should prepare to solve their cases by civil law system and so on. We could find the increased volume (or quantity) of transportation by air recently and have to worry about the sky-rocketed cases of unfulfilled navigation management(aviation service) proportionately inevitably. So we knew that some cases of disputes are solved by unreasonable demand, unilateral concession or irrational decision without any logical or legal criterion, because both sides(passenger and carrier) do not recognize the situation correctly and have any preparation for the legal settlement. Therefore we should prepare the classification work and comprehend about the legal effect(fulfillment retardation of duty, fulfillment impossibility of duty and imperfect fulfillment in our civil law system) of each cases. We can grasp the legal relationship with a carrier and a passengers by the legal analysis more efficiently and save (or help) energy and time of concerned parties.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.22 no.1
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• pp.51-64
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• 2014

According to the prediction of Aviation Industry Corporation of China, in the next 20 years, China will have an increase of 4,583 civilian airliners, including 3,682 jumbo jets and 901 regional aircrafts. Chinese commercial aviation aircraft market will undoubtedly grow rapidly. until the year 2030, China's share of the global aircraft fleet will increase from 9% to 15%. In addition, the business jet market has a huge growing room in the global industry, the deliveries will reach 10,000 units in the next 10 years, and the Chinese market deliveries will reach 23,600 in the next 20 years. China's aviation market, is and will be enormous in the future. It is one of the main engines of economic growth in the field. China's civil aviation transportation is based on dazzling economic development. Air transport is the fastest growing power for the time being. China's aviation sector will have an average annual gross of about 10%, and more likely to continued growing and it is expected to be world's major aviation market around the world. As the result, since one of future the important industries will be emerged, Air policy enforcement and considering the reality of our future prospects for the airline industry presented.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.167-192
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• 2012

Aviation industry is known as the knowledge-based one and as an advanced nations' exclusive property having a large capacity for creating job and added value. Considering the current status of the aviation industry as aforesaid, it is natural for all countries to turn their attention to such promising aviation industry. At the time of rapid growth in aviation market, the importance of securing managerial experts and technicians is being under the spotlight as the aviation profession is increasingly in demand. To meet such dire needs that have already become an ever-greater part of the industry, collaboration among governmental, educational and industrial parties has formed in preparation for putting us into so-called an era of globalization. Having recognized the significance of the program, carried forward by The Ministry of Land, Transport and Maritime Affairs, fostering human resources in civil aviation, the objective of this study lies on deloping indicators for the programofficially designed to produce men of expertise in international air transport, the market of which forms nowadays a large part of national economy, and the technology of which develops so quickly. In this paper, an effort is made to develop the appraisal indicators and to set up standards thereof in order for the program to be systematically and expertly assessed on the basis of Quinn and Rohrbaugh's the competing values model. Firstly, this paper designs appraisal indicators, taking into account the peculiarity and environment of air transport industry, for developing human resources in civil aviation by utilizing advanced research on educational assessment in general due to the absence of applicable preceding studies regarding the development of human resources in civil aviation. Secondly, investigations into the necessity and validity of the appraisal are committed by analyzing answers from 100 respondents to questionaires and oral surveys in order to verify appraisal indicators designed in accordance with the competing values model. Lastly, the paper analyzes in a demographical way discrepancy in the recognitions among institutions for which the respondents work, on the basis of the outcome of the survey. As a result, the discrepancy is found not significant, which indicate that the aviation experts favour the indicators as appraisal standards. Prospective studies on the same issue may need an in-depth analysis, empowered by sufficient sampling in balance, of correlation between independent variables, then hopefully serve as a momentum for advancement of study in civil aviation.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.24 no.4
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• pp.70-80
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• 2016

ICAO(International Civil Aviation Organization) established ICAO LPRs(Language Proficiency Requirements) which is an international standard of English for aviation to promote the aviation safety. The Republic of Korea government amended the aviation law on the 8th of November, 2005 and made EPTA(English Proficiency Test for Aviation) as a follow up action. Purpose of this research is analysing the problem of EPTA and improving it. This investigation takes a look at the current ICAO LPRs and compares the difference between EPTA and other global English proficiency requirements for aviation. The result indicated that there is a discordance between the standards of ICAO and EPTA. Also, the global English proficiency reqirements for aviation and EPTA had differences which required improvements. The study suggests to replace more job relevant questions in the EPTA and reform the level system of EPTA.

• Journal of the Korea Convergence Society
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• v.11 no.1
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• pp.237-246
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• 2020

The background of the research is the following: As a result of ultra-light flying device industry development, the utilization of drones and their efficiency have been increasing. However, problems regarding flight permission·approval procedure have not been improved, resulting in increased number of civil complaints. Thus, the purpose of this research is to minimize such civil petition according to the required standards of the two government organizations through enhancing the procedure for managing and employing the system. The research methods entail pinpointing the problems by analysing ultra-light flying device related literature review and by holding focus-interviews with field experts, thereby verifying and providing improved solutions. Under (MLIT) Ministry of Land, Infrastructure and Transport supervision and in accordance with aviation security law, the research provides various updated functions such as improved civil petition processing system's employment and management system, flight approval, integration of names, process, format regarding aviation photographing approval, tool buttons such as the 'Main' button in the system's homepage. This research has the following expected effects : Firstly in the law and regulations section, the clear distinction in the missions and roles of each organization enhances cooperations in tackling civil petition. Secondly the integration of civil petition process reduces time and improves efficiency. And lastly, the improvement of supplementary tools for the public is expected to minimize civil petitions. Future research needs to be conducted under the supervision of the Ministry of National Defense(MND). Factors such as systematic infrastructure for flight photography approval, related unit's reorganization following the defense reform 2.0, and guaranteed conditions for field security action units need to be ameliorated.