• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.73-96
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• 2013

ICAO's Universal Safety Oversight Audit Programme (USOAP) was initially launched in January 1995, in response to widespread concerns about the adequacy of aviation safety oversight around the world. The recent reduction in aircraft accidents and effective role that is evaluated on the basis of these results, and in 2013 the existing 'snapshot approach' to 'regular monitoring system (USOAP-Continuous Monitoring Approach)' was converted to. ICAO aviation safety assessment of the state in today's international community 'aviation safety credibility' as objective indicators to judge the enormous impact on the aviation industry, the state is not satisfactory, especially if the results of the evaluation and expansion of code-share airline ban, reduced international air transit passengers, including premium increases business and economic penalties should. In addition, ICAO implementation of the existing laws and regulations(Prescriptive Approach), but based on the Risk-based prevention model, Proactive Approach introduced the concept of aviation safety system, including international aviation safety policy has been to switch paradigms. This new ICAO international aviation safety policy also applies to the Government of the Republic of Korea in line with the aviation safey policies have changed. In particular, the systematic implementation of safety management for the existing laws and regulations in the center of the safety oversight system of risk-based introduction of the concept of proactive safety management, and According to international standards ICAO aviation service providers operate their own Safety Management System was set out in Aviation Law ever. In addition, the aviation safety is at the center of the field of the safety of aircraft operations and maintenance for the promotion is promoting various safety policies. This new paradigm shift in the international aviation safety policy in line with our state in the international community with the most exemplary aviation safety system firmly established itself as a model, the Government will strengthen the competitiveness of our aviation plans to support. To do this, the government, airlines, aviation officials try all the practical effect would be expected.

• The Korean Journal of Air & Space Law and Policy
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• v.2
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• pp.157-188
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• 1990

The objective of this presentation is to describe major air transport problems which international civil aviation is faced with at present and those which may be encountered in the last decade of the 20th century. ICAO's role in tackling these problems as well as some aspects of cooperation between Contracting States and ICAO are also being discussed.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.11
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• pp.93-141
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• 1999

• 한국항공운항학회:학술대회논문집
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• 2015.11a
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• pp.261-265
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• 2015

국제민간항공기구(ICAO)가 제시하는 Aviation System Block Upgrades(ASBU)의 성능개선 영역별 운영 개념을 정리하고, 국내외의 ASBU 추진 동향 및 ATM 선진화 정책을 분석하여 미래 항공교통관리 정책 및 기술 개발 추진방향을 제시한다.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.97-114
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• 2013

The 6th Worldwide Air Transport Conference was held in Montreal in March 2013 under the auspices of ICAO. This conference, which has been held every ten years, is dealing with virtually every issue of international air transport, and aiming at updating ICAO policy in order to ensure long-term growth of international civil aviation. Last conference which took place in 2003 focused on the liberalization of air transport, and the 6th conference shifted its focus from whether to push for liberalization, to how to implement it. The main agenda items for the 6th conference was liberalization, safeguards, ownership, fair competition, airports and air navigation facilities, charges, and ICAO policy. The liberalization, and in particular progressive liberalization has been a main theme over the past decades. In the process leading to liberalization, there needs to be the expansion of market access, easing regulation on ownership and control of airlines. Furthermore, the provision of enough infrastructure such as airport and air navigation facilities may be contributing factor to remove impediments to liberalization. However, out of concern as for undermining interests of consumer and the weak, when liberalization is proceeding in a sudden and radical manner, there should be safeguards so as to ensure market participation by developing countries, consumer protection, and economical and transparent decision on taxes and charges. Fair competition which differs from promoting competition in the market, is a policy in order to protect the weak players and consumers from monopoly and oligopoly. The Korean delegation submitted 3 WPs (WP/85, 86 and 87) and 1 IP, and presented WPs, at the conference, which were a lot compared with previous occasions. A paradigm shift was emphasized to expedite the process of liberalization at the 6th conference. The reality is that with many previous recommendations to stress the importance of liberalization, and to urge States to change their attitudes, the pace of the liberalization has been very slow and staggering. The liberalization of air transport will contribute to the growth of air transport and related industry, to create new employment, promoting tourism and regional development, and further to facilitating mutual understanding and exchange, which will also lead to making a barrier-free world. In this context, it is expected that the next conference will also evaluate the on-going process of liberalization.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.225-246
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• 2020

More than technical or academic matter, mitigation of height restriction around airports is about up-dating out-dated policies that have not kept up with rapidly developing aircraft and air traffic control technologies. Above all, instead of calling out 'flight safety' that the public do not comprehend, it is important to examine and carry out measures that can protect people's right of property. MOLIT(Ministry of Land, Infrastructure, and Transport) after reviewing ICAO's Obstacle Limitation Surface TF, made an announcement to provide further plans that would apply to contracting states from 2026. However, residents of redevelopment areas near Kimpo international airport asserted that MOLIT's policy overlooks the reality of the redevelopment zone. ICAO, UN's specialized agency for civilian aviation, recommends in Annex 14, 4.2.4 that contracting states conduct an aeronautical study to determine the flight safety of horizontal surface(45m), excluding approach surface, and to mitigate height restrictions if no threat is found. Numerous countries including the United States have been following this recommendation and have been able to effectively protect people's right of property, whereas the South Korean government have not following it so far. The number of height restriction mitigation cases in the recent three months (2019. 7. 15~10. 14.) FAA of the United States have allowed after conducting an aeronautical study reaches 14,706. Japan and Taiwan also reconstruct airspace around airports in metropolitan areas in order to protect people's right of property. Just as the United States is following, MLIT should follow ICAO's recommendation in Annex 14. 4.2.4(Vol. 1. Airport Construction / Operation) and protect people's right of property by first applying aeronautical studies to the horizontal surface(45m) of flight safety zones until the specifics of ICAO's 2026 TF materialize.

• The Korean Journal of Air & Space Law and Policy
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• v.8
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• pp.153-190
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• 1996

• The Korean Journal of Air & Space Law and Policy
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• v.14
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• pp.151-174
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• 2001

Theories of international organization have explained the creation, maintenance, and decline of international organization. However, their explanations on changes of international organization have been much more different one another. For example, the theory of hegemonic stability argues that international organization can be created and maintained only by a hegemonic state and will be declined if the hegemonic state decline. On the other hand, the functional approach believes that the positive functions and effects that international organization provides motivate states to create and maintain the organization, while the game-theoretical approach explains international organization based on cost-benefit calculation of rational states. Thus, the empirical evaluation of the arguments of the theories of international organization and defining the major factors that determine international organization are necessary not only for the development of theories of international organization but also for making desirable policies toward international organization. For the purpose, this paper compares and contrasts the three major theories of international organization and applies the approaches to the case of the International Civil Aviation Organization (ICAO) to test their arguments. Since the ICAO has been rarely examined by the theories of international organization, the case study could be desirable case to evaluate theories of international organization. In this sense, this paper attempts to define the major factors that determine the creation, maintenance, and decline of the ICAO. In particular, since the Korean government has changed its policy for air transport security system recently, it will investigate the role of ICAO on the policy change to define the limits and strength of ICAO. In conclusion, this paper will assess the relative explanatory power of each approach based on the analysis of the creation and changes of ICAO

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.9-53
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• 2006

오늘날 항공기사고는 우리나라뿐만 아니라 세계도처에서 때때로 발생되고 있다. 특히 외국항공기의 돌연한 추락 또는 물건의 낙하로 인해 지상에 있는 제3자에게 손해를 입히는 경우가 간혹 발생되고 있다. 이와 같은 사건에 있어 가해자(항공기운항자)는 피해자(지상 제3자)에 대하여 불법행위책임을 부담하게 되는데 이 사건해결을 위하여 1952년 및 1978년의 개정로마조약 등이 있음으로 본 논문에서는 이들 조약의 성립경위 및 주요내용과 개정이유 등을 설명하였다. 현재 국제민간항공기관(ICAO)에서는 2001년도 미국의 9,11테러사건 이후 이와 같은 사건의 법적조치와 대응을 위하여 1952년 개정로마조약의 현대화에 관한 새로운 조약초안이 발표되었다. 본 논문에서는 이 새로운 조약초안의 현대화를 위한 ICAO의 활동과 이 조약 초안에 대한 주된 내용과 필자의 논평(견해)을 밝히었다. 한편 본 논문에서는 항공운송인의 책임에 관계된 국제조약과 세계 각국(미국, 영국, 독일, 프랑스, 러시아, 오스트레일리아, 중국 등)의 입법례 등을 참작한 후 우리나라의 현실에 적합한 항공운송법 시안에 관한 국내입법의 추진방향과 항공운송약관의 효력문제, 동법시안을 제정하여야만 되는 이유, 입법경위, 입법방안, "항공운송법 시안"의 주요항목 등 작성하여 제시하였다.