• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.63-97
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• 2016

Ago the passenger who using a wheelchair was denied boarding from the airline. The ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST DISABLED PERSONS prohibits discriminatory treatment of persons with disabilities in transportation. But there are situations that limits the movement on persons with reduced mobility. The international community promote to protect disabled persons and persons with reduced mobility against discrimination and to provide them with assistance when travelling by air. According to news report, the governing Council of the International Civil Aviation Organization (ICAO) has established new global core principles on air transport consumer protection. The principles cover three phases of a customer's experience: before, during and after travel, and will now be considered by ICAO's 191 Member States when they develop or review their applicable national regimes. The international community are recognizing that passengers can benefit from a competitive air transport sector, which offers more choice in fare-service trade-offs and which may encourage carriers to improve their offerings, passengers, including those with disabilities, can also benefit from consumer protection regimes. In accordance with these we will also be provided to regulations that can prevent and protect the air passenger. In this paper analyze the regulations of the international air passenger rights, point out the lack of policy.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.2
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• pp.33-37
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• 2006

Since 1993, the civil aviation community through RTCA (Radio Technical Commission for Aeronautics) and the ICAO (International Civil Air Navigation Organization) have been working on the definition of GNSS augmentation systems that will provide improved levels of accuracy and integrity. These augmentation systems have been classified into three distinct groups: Aircraft Based Augmentation Systems (ABAS), Space Based Augmentation Systems (SBAS) and Ground Based Augmentation Systems (GBAS). The last one is an implemented system to support Air Navigation in CAT-I approaching operation. It consists of three primary subsystems: the GNSS Satellite subsystem that produces the ranging signals and navigation messages; the GBAS ground subsystem, which uses two or more GNSS receivers. It collects pseudo ranges for all GNSS satellites in view and computes and broadcasts differential corrections and integrity-related information; the Aircraft subsystem. Within the area of coverage of the ground station, aircraft subsystems may use the broadcast corrections to compute their own measurements in line with the differential principle. After selection of the desired FAS for the landing runway, the differentially corrected position is used to generate navigation guidance signals. Those are lateral and vertical deviations as well as distance to the threshold crossing point of the selected FAS and integrity flags. The Department of Applied Science in Naples has create for its study a virtual GBAS Ground station. Starting from three GPS double frequency receivers, we collect data of 24h measures session and in post processing we generate the GC (GBAS Correction). For this goal we use the software Pegasus V4.1 developed from EUROCONTROL. Generating the GC we have the possibility to study and monitor GBAS performance and integrity starting from a virtual functional architecture. The latter allows us to collect data without the necessity to found us authorization for the access to restricted area in airport where there is one GBAS installation.

• Journal of Positioning, Navigation, and Timing
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• v.5 no.4
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• pp.193-202
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• 2016

The Korea Augmentation Satellite System (KASS), which is under development in Korea as a Satellite Based Augmentation System (SBAS) is expected to broadcast SBAS messages to air space in Korea according to the international standards defined by the International Civil Aviation Organization (ICAO) and the Radio Technical Commission for Aeronautics (RTCA). Around 13 SBAS messages are broadcast in every second to transmit augmentation information which can be applicable to a wide area in common. Each of the messages requires a different update interval and time-out according to the characteristics, purpose, and importance of transmitted information, and users should receive and combine multiple SBAS messages to calculate SBAS augmented information. Thus, a time to take acquiring first SBAS position by users differs depending on broadcasting various SBAS messages with which order and intervals. The present paper analyzes the considerations on message scheduling for broadcasting of KASS augmentation information and proposes a design of KASS message scheduler using the considerations. Compared to existing SBAS systems, which have a wide range of service area, a service area of the KASS is limited to Korea only. Thus, the numbers of ionosphere grid points and satellites to be augmented are expected to be smaller than those of existing SBAS. By reflecting this characteristic to the proposed design, shortening of broadcast interval of KASS message is verified compared to existing SBAS and a measure to increase a speed of acquisition of user navigation solution is proposed utilizing remaining message slots. The simulation result according to the proposed measure showed that the maximum broadcast interval can be reduced by up to 20% compared to that of existing SBAS, and users can acquire KASS position solution faster than existing SBAS.

• Journal of Satellite, Information and Communications
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• v.11 no.3
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• pp.12-17
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• 2016

ICAO (International Civil Aviation Organization) recommends the introduction of SBAS (Satellite Based Augmentation System) in 2025, which provides GNSS (Global Navigation Satellite System) correction data and the ranging signal via GEO (geostationary earth orbit) satellites to GNSS users. In this paper, we present the basic design results of the satellite communication system RF link for the Korean SBAS systems, KASS (Korea Augmentation Satellite System) which is going on the development & implementation. KASS RF link was designed in consideration of both the C-band and Ku-band uplinks to meet the international standard requirements for the SBAS system, and identified the minimum EIRP and G/T performance of the KASS uplink station for each frequency band. These analysis results for the RF link design are expected to be used for an effective design of the subsystem specifications for KASS satellite communication system.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.3-26
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• 2010

The European Union(EU) has recently introduced its Directive 2008/101/EC to include aviation in the EU ETS(emissions trading system). As an amendment to Directive 2003/87/EC that regulates reduction of the green house gas(GHG) emissions in Europe in preparation for the Kyoto Protocol, 1997, it obliges both EU and non-EU airline operators to reduce the emission of the carbon dioxide(CO2) significantly in the year 2012 and thereafter from the level they made in 2004 to 2006. Emission allowances allowed free of charge for each airline operator is 97% in the first year 2012 and 95% from 2013 and thereafter from the average annual emissions during historical years 2004 to 2006. Taking into account the rapid growth of air traffic, i.e. 5% in recent years, airlines operating to EU have to reduce their emissions by about 30% in order to meet the requirements of the EU Directive, if not buy the emissions right in the emissions trading market. However, buying quantity is limited to 15% in the year 2012 subject to possible increase from the year 2013. Apart from the hard burden of the airline operators, in particular of those from non-European countries, which is not concern of this paper, the EU Directive has certain legal problems. First, while the Kyoto Protocol of universal application is binding on the Annex I countries of the Climate Change Convention, i.e. developed countries including all Member States of the European Union to reduce GHG at least by 5% in the implementation period from 2008 to 2012 over the 1990 level, non-Annex I countries which are not bound by the Kyoto Protocol see their airlines subjected to aircraft emissions reductions scheme of EU when operating to EU. This is against the provisions of the Kyoto Protocol dealing with the emissions of GHG including CO2, target of the EU Directive. While the Kyoto Protocol mandates ICAO to set up a worldwide scheme for aircraft emissions to contribute to stabilizing GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the EU ETS was drawn up outside the framework of the international Civil Aviation Organization(ICAO). Second, EU Directive 2008/101 defines 'aviation activities' as covering 'flights which depart from or arrive in the territory of a Member State to which the [EU] Treaty applies'. While the EU airlines are certainly subject to the EU regulations, obliging non-EU airlines to reduce their emissions even if the emissions are produced during the flight over the high seas and the airspace of the third countries is problematic. The point is whether the EU Directive can be legally applied to extra-territorial behavior of non-EU entities. Third, the EU Directive prescribes 2012 as the first year for implementation. However, the year 2012 is the last year of implementation of the Kyoto Protocol for Annex I countries including members of EU to reduce GHG including the emissions of CO2 coming out from domestic airlines operation. Consequently, EU airlines were already on the reduction scheme of CO2 emissions as long as their domestic operations are concerned from 2008 until the year 2012. But with the implementation of Directive 2008/101 from 2012 for all the airlines, regardless of the status of the country Annex I or not where they are registered, the EU airlines are no longer at the disadvantage compared with the airlines of non-Annex I countries. This unexpected premium for the EU airlines may result in a derogation of the Kyoto Protocol at least for the year 2012. Lastly, as a conclusion, the author shed light briefly on how the Korean aviation authorities are dealing with the EU restrictive measures.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.9-39
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• 2003

The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

• Journal of Positioning, Navigation, and Timing
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• v.5 no.4
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• pp.203-211
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• 2016

A Satellite Based Augmentation System (SBAS) is a system that provides positioning information with high and accurate reliability to users who require ensuring high safety such as airplane taking off and landing. A continuous performance evaluation on navigation safety facilities shall be performed to determine whether developed systems meet the required performance before and after the operation. In this paper, SBAS position domain analysis is discussed in relation to analysis items for performance evaluation. The performance evaluation on the SBAS in the position domain shall conduct analysis on accuracy, integrity, continuity, and availability, which are items in the required navigation performance (RNP). In the paper, position domain analysis was conducted with regard to the Wide Area Augmentation System (WAAS) in the USA and the European Geostationary Navigation Overlay Service (EGNOS), which were developed already and now under operation. The analysis result showed that each of the systems satisfied the APV-I performance requirements recommended by the International Civil Aviation Organization (ICAO) with regard to daily data. It is necessary to verify using long-term data, whether the performance requirements in the RNP items are satisfied for system certification.

• Journal of Advanced Navigation Technology
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• v.17 no.1
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• pp.1-8
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• 2013

In the next generation of ATM, ADS-B(Automatic Dependent Surveillance-Broadcast) and multilateration are the main technology recommended by ICAO(International Civil Aviation Organization). However, there are a lot of non-equipped ADS-B aircraft today. Therefore, TIS-B(Traffic Information Service-Broadcast) provides traffic information, which has obtained from radars for non-equipped ADS-B aircraft. In this paper, we presented an onboard multilateration system for non-equipped ADS-B aircraft using SSR(Secondary Surveillance Radar) signal instead of TIS-B. TIS-B has a lot of error because of using radar data, but multilateration has less error than radar because of using TDOA(Time Difference of Arrival) method. Results of performance analysis show that the position accuracy is improved by the proposed method using on-board multilateration.

• Journal of the Korean Society for Railway
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• v.11 no.3
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• pp.342-348
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• 2008

This paper defines the Safety Management System (SMS) based on the rail safety act and surveys the status of the English rail SMS and International Civil Aviation Organization (ICAO) SMS and OHSAS18001 SMS. Through the analysis of the domestic rail operators' safety management regulations and the results of the universal rail safety audit, the status and problems of domestic rail operators' SMS are investigated and the improvement scheme are derived. First, to establish the continual improvement system for SMS, the instruction which describe the detailed continual improvement method for each steps of SMS including management review by CEO shall be established. Second, to settle the risk management based SMS, converting the rail operators mind and establishing the supply system of safety risk operating model and basic data for the risk analysis and safety evaluation and including the precise requirement for the risk management in the related instruction should be conducted.