• Journal of the Korean Society for Aviation and Aeronautics
• /
• v.30 no.4
• /
• pp.9-22
• /
• 2022

With the continuous increase in demand for air transport services and the growth of the air transport industry, the International Civil Aviation Organization (ICAO) and its member states are facing social demands to expand the capacity of the air transport system and improve the efficiency of its operation. ICAO developed the concept of Performance Based Navigation (PBN) for the purpose of solving problems related to the function and performance of the navigation system. Member countries established an implementation plan in accordance with the resolutionof the ICAO General Assembly, and South Korea established a Performance-Based Navigation implementation plan in December 2009. This paper evaluates the progress made so far based on Korea's Performance-Based Navigation implementation plan and proposes a development direction for Performance-Based Navigation based on changes in the international environment.

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

• The Korean Journal of Air & Space Law and Policy
• /
• v.25 no.2
• /
• pp.43-77
• /
• 2010

The development of the aviation industry has exponentially increased the volume of passengers and cargo and gradually expanded the damage scope of all kinds of accidents in the process of transportation. As a result, the need for aviation insurance has accordingly grown bigger and bigger every day. That is why most nations have a law to force mandatory insurance on the aviation industry. However, the Montreal Convention of 1999, which Korea also signed and today has the most extensive effect in the international civil aviation community, offers no clear interpretations about the coverage of aviation insurance along with the Air Transport Business Promotion Act of Korea. The advanced nations of air transport business such as EU, the U. S. A. and Canada prescribe the coverage of aviation insurance and have a law that makes it mandatory for all the passengers and third parties to cover air carrier's liability. EU requires them to include cargo and baggage in scope of coverage, and the U. S. A. and Canada recommend insuring by having a shipper receive a written notice containing information about whether the concerned cargo is insured or not. Making the scope of coverage of aviation insurance clear by law serves several purposes including diversifying risks for air transport companies, providing the victims with enough protection, observing the international accountability required in the air transport industry, and promoting the productive and sustainable growth of the aviation industry. Thus problems with Korea's aviation insurance should be resolved by clearly stating the coverage of aviation insurance that the Korean air carriers and operators need to insure according to the current state of Korea's air transport by consulting the legislations of the advanced nations in air transports. and enacting a law to comprehensively govern Korea's aviation insurance.

• Journal of the Korean Society for Aviation and Aeronautics
• /
• v.15 no.4
• /
• pp.108-116
• /
• 2007

The purpose of this study is to analyze the technical and cost efficiency of Air Transport Industry on Global strategic alliances. In particular, this study develops Stochastic Frontier Approach for accurate judgement. Based on 20 major international airline corporations related with strategic alliances during the period 1995-2001, we find that alliances make a significant contribution to efficiency. On the other hand, it is found that the level of contribution to efficiency is different according to alliances. These results also changed greatly between pre- and post- Asian financial crisis period.

• Journal of the Korean Society for Aviation and Aeronautics
• /
• v.31 no.4
• /
• pp.126-132
• /
• 2023

During the COVID-19 pandemic, there have been many changes in the aviation industry as a whole. Passenger traffic has decreased, but on the contrary, the international transport demand for cargo planes has never been higher. Due to their geopolitical location when flying to major cities around the world, Korea's international pilots are bound to have relatively more jet lag-causing routes than their American or European-based pilots. Through this study, we tried to analyze the degree of fatigue and fatigue weighting factors according to operating conditions for domestic pilots. As a result of the study, the following conclusions were drawn. Despite the variety of models, routes, and fatigue between individuals, it was found that the 3 Pilot operation route was concentrated as a representative fatigue route. Most of the individual fatigue improvement request sections showed higher fatigue as the night flight section was longer among the 3Pilot routes for more than 12 hours, and 43 out of 90 participants (Korean Air pilots) focused on 3Pilot (two captains and one pilot) as fatigue-intensive operating conditions. Therefore, it proposes an improvement in the system of applying 12-hour unification standards according to Korea's geopolitical international operating conditions and time difference standards.

• Journal of the Korean Society for Aviation and Aeronautics
• /
• v.26 no.2
• /
• pp.123-131
• /
• 2018

Air transport industry tries to enhance punctuality, stability and amenity for customer's satisfaction. Especially airlines and airports do make an effort as the distance between these two stakeholders and passengers are close. This research has empirically discussed the relationship between duty free shop purchase of passengers and the number of flights and hours of schedule delay at the airport. According to the result, the total sales of duty free shop sales have meaningful influence on the number of flights and hours of delay. In order to decrease such an impact, close cooperation between airports and duty free shops required.

• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.21 no.5
• /
• pp.637-647
• /
• 2020

Airports and civil aviation authorities have recently utilized and expanded the use of biometric technologies to respond proactively against the rapid changes in aviation terrorism due to scientific development. The Global Security Plan (GASeP) developed by the International Civil Aviation Organization (ICAO) is regarded as precondition for sustainable development of the global air transport industry. Thus GASeP has sought to improve aviation security system using biometic technologies. The purpose of this paper is to realize the equivalent access of aviation security system throughout the world with biometric technologies. First, this paper reviewed the current biometric-security system operated by the EU, USA and international society. Second, legal and institutional processes regarding personal biometric information were analyzed to suggest political implications. This paper concluded that ICAO should propose a global standardization and prepare guideline materials among its 193 member states to prevent aviation security breaches and to share related information on a real-time basis because time is required to utilize biometric technology to improve aviation safety and to develop global air transport.

• Journal of the Korean Society for Aviation and Aeronautics
• /
• v.27 no.1
• /
• pp.57-68
• /
• 2019

The emission trading system implemented in Korea is a system in which the government allocates or sells emission rights by setting the emission allowable amount to economic players subject to the emission trading system, allowing companies to freely trade shortfall or extra money through the emission trading market. Korea also had implemented its first emission trading system scheme period of time from 2015 to 2017. As a result of the first planning period in which total of seven Korean airlines were targeted, the emission amount was about 5.51 million KAU, while the quota amount was only about 4.85 million KAU, about 116% of the actual quota was emitted and Domestic airlines have incurred additional costs of about 10.7 billion won. Due to ICAO's implementation of CORSIA, the airlines are expected to have to shoulder additional costs because purchasing exceed quota will be increased in order to offset excess emissions not only on domestic but also on international routes. Thus, this paper had analyzed the characteristics of the carbon trading system of air transport industry and suggested a mix of regulatory policies as an improvement method.

• The Korean Journal of Air & Space Law and Policy
• /
• v.23 no.2
• /
• pp.31-66
• /
• 2008

Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

• The Korean Journal of Air & Space Law and Policy
• /
• v.35 no.3
• /
• pp.65-93
• /
• 2020

With the development of information and communication technology, the unmanned aerial vehicle industry began to attract attention as a new growth industry as it entered the fourth industrial revolution. As the size of the unmanned aerial vehicles and the scope of airspace vary from small drones to large unmanned aerial vehicles, the developed countries such as USA and Europe are developing plans for the integrated operation of manned and unmanned aerial vehicles. ICAO is also working on amendments to the relevant ICAO annexes to establish international standards and recommendations for unmanned aerial vehicles. Korea also needs to prepare for the integrated operation of manned and unmanned aerial vehicles that will come in the future, and for this purpose, it is necessary to review and revise the national regulation systems for the safe operation of unmanned aerial vehicles. This study analyzes the amendments of related annexes discussed on the Remotely Piloted Aircraft System (RPAS) pannel, and suggests the direction of revision of the Aviation Safety Act for the safe operation of unmanned aerial vehicles in comparison with the existing Aviation Safety Act.