• Title/Summary/Keyword: International Transport Law

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The Aviation Cooperation between the Koreas Preparing for the Reunification

  • Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.8
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    • pp.71-84
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    • 1996
  • 최근 남북관계는 대북 쌀 지원 문제와 관련한 북한 측의 태도와 이후의 무장공비 남파 등으로 악화되어 있다. 북한 측을 대화창구로 유도하고 남북 경협 등을 통하여 남북한 관계를 개선하려는 우리측의 노력은 이무런 성과를 거두고 있지 못한 것 같다. 남북한 항공판계의 진전도 전반적인 남북관계에서만이 고려가 가능한 실정으로 있다. 최근 언론매체를 통하여 북한당국이 미국 항공사(델타, 노스웨스트)의 평양비행정보구역 통과 우리 영공으로의 비행을 허가하였으며, 이에 대하여 우리측은 우선 남북한 관제당국간 관제협정이 체결되고, 동 항로를 이용한 비행은 우리 항공사를 포함한 모든 항공사에 비차별적으로 적용되어야 하는 것을 전제로 운항을 허가할 수 있음을 밝혔다. 이것은 북한당국이 '95년 12월에 자국영공을 전세계에 개방하겠다고 밝힌 후 진전된 일련의 사태 발전의 일부분이다. 북한은 '95.2월 초 국제영공통과 업무협정에 가입하였다. 외국항공기에 의한 북한의 영공통과비행은 이 협정에 가입하였다고 자동적으로 허가되는 것은 아니며 사안별로 허가되어야 한다는 점에 유의할 필요가 있다. 북한이 이러한 영공개방의사를 밝힌 것은 오랫동안 진행되어 왔던 일본/중국간 직선항로 문제에 있어서, 한국과 중국간의 합의로 서울/북경간에 직선항로를 설정하게 됨으로써 사실상 문제가 해결되었고, 따라서 향후 외국항공사가 한반도의 남쪽만을 통과하여 동경/북경간을 운항하게되는 가능성에 대하여 당혹감을 가지고 있기 때문이라고 보여진다. 한편 일본/중국간 직선항로 설정문제는 이것이 운항시간과 연료를 절약하게 된다는 점에서 IATA, ICAO 등 국제기구에 의하여 1980년대 초반부터 추구되어져 왔다. 그러나 남북간의 대립 등 복잡한 한반도 정세, 남북한을 포함한 일본, 중국 등 이해관계 당사국의 ICAO에 대한 형식적이고 외교적인 태도 등으로 인하여 아무런 해결책없이 십수년이 지나가게 되었다. 심지어 ICAO는 '88년 휴전선을 통과하는 단일항로안까지 제시하였는 바 이것은 한반도 정세에 대한 뚜렷한 이해가 없었던 때문이라고 생각된다. '95.9.17. "남복간 화해, 불가침, 교류 및 협력에 관한 합의서"가 서명되었다. 동 합의서에서는 남북간 군사적 대치 상태가 해소되는 상황에 따라 김포 및 순안비행장간 직항로를 개설한다고 되어있다. 현재까지 항공부문에서는 이렇다할 교류, 협력 실적은 없었으나 향후 남북관계의 진전에 따라 이 부문에서의 협력사업은 많다고 생각된다. 우선 위에서 언급한 남북한 및 각국 항공기가 남북의 비행정보구역을 통과 비행할 수 있도록 관제협정을 체결하고 필요할 경우 기술인력을 훈련하는데 상호 협조할 수 있다. 또한 설악산과 금강산을 연결하는 관광코스를 개발하여 항공기를 운항할 수 있다. 다음 남북의 주요 지점간에 전세기를 운항하고, 수요가 성숙할 경우 주요 도시 (남: 서울, 부산, 대구, 광주, 제주 등, 북: 평양, 신의주, 청진, 원산 등)를 연결하는 정기편을 개설할 수 있을 것이다. 이밖에 항공사간 영업사항에 관한 협력을 기대해 볼 수 있다. 남북간 항공협력은 한반도의 통일을 앞당길 수 있는 좋은 수단으로 작용할 수 있다.

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Legal Relations of the Contract of International Carriage of Goods by Air (국제항공화물운송계약(國際航空貨物運送契約)의 법률관계(法律關係) -화주(貨主)의 권리의무(權利義務)를 중심(中心)으로-)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.193-222
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    • 1989
  • The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

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A Review Essay on Legal Mechanisms for Orbital Slot Allocation (정지궤도슬롯의 법적 배분기제에 관한 논고)

  • Jung, Joon-Sik;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.199-236
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    • 2014
  • This paper analyses from the perspective of distributive justice the legal mechanisms for international allocation of orbital slots, which are of co-owned nature and thereby limited natural resources in outer space. The allocative function is delegated to the International Telecommunication Union. The Radio Regulation, amongst such other legal instruments as the Constitution and Convention, by which the ITU and contracting States thereof abides, dictates how the orbital positions are distributed. Thus, the RR is thoroughly reviewed in the essay. The mechanisms are in a broad sense categorized into two systems: 'a posteriori system' where the 'first come, first served' principle prevails; and 'a priori system' designed to foster the utilisation of the slots by those who lack space resources and are, in especial, likely to be marginalised under the former system. The argument proceeds on the premise that a posteriori system places the under-resourced States in unfavourable positions in the securement of the slots. In contrast with this notion, seven factors were instantiated for an assertion that the degradation of the distributive justice derived from the 'first come, first served' rule, which lays the foundation for the system, could be either mitigated or counterbalanced by the alleged exceptions to the rule. However, the author of this essay argues for counterevidences against the factors and thereby demonstrating that the principle still remains as an overwhelming doctrine, posing a threat to the pursuit of fair allocation. The elements he set forth are as in the following: 1) that the 'first come, first served' principle only applies to assignments capable of causing harmful interferences; 2) the interoperability of the principle with the 'rule of conformity' with the all the ITU instruments; 3) the viability of alternative registrations, as an exception of the application of the principle, on the condition of provisional and informational purposes; 4) another reference that matters in deciding the priority: the types of services in the TFA; 5) the Rule of Procedure H40 proclaiming a ban on taking advantage of coming first to the Register; 6) the technical factors and equity-oriented norms under international and municipal laws along with; 7) the changes of 'basic characteristics' of registered assignments. The second half of this essay illustrates by examining the relevant Annexes to the Regulation that the planned allocation, i.e., a priori system, bear the structured flaws that hinder the fulfillment of the original purpose of the system. The Broadcasting and Fixed Satellite Systems are the reviewed Plans in which the 'first come, first served' principle re-emerges in the end as a determining factor to grant the 'right to international recognition' to administrations including those who has not the allotted portions in the Plan.

The legal responsibility of the unmanned aircraft operators and insurance (무인항공기 운영자의 법적책임과 보험)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.367-418
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    • 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.

Recent Trends in Compensation for Mental Anguish of Airline Passengers (항공여객의 정신적 손해배상에 관한 최근 동향 - 미국 연방법원 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.33-62
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    • 2020
  • The current air transportation industry is facing a lot of changes not only in the quantitative growth of the market, but also in the legal aspects. For many years, the Warsaw Convention has contributed to the uniform discipline of civil carriers' legal liabilities arising from international aviation accident and has fulfilled the duties of legal guardians for the development of the air transport industry. In the process, however, the consumer interests of the air transport industry did not have much protection compared to other industries. In response, the Montreal Convention has effected for protecting the interests of aviation consumers, and there are numerous legal changes around the world to protect aviation consumers like passengers. The mental damages of airline passengers arising from the accident can also be understood as part of the protection of air consumers. Considering that the US Federal Court has dealt with the recognition of mental damages for air passengers since the early 1990s. However, Korean judicial precedent still excludes mental anguishes from the scope of damage compensation. From this point of view, it is considered academically meaningful to analyze the latest case of the US federal court. Recently, the United States Court of Appeal for the Sixth Circuit in Doe v Etihad Airways applied a different interpretation against the traditional opinion: passengers could not recover for mental distress unless that mental distress resulted from a bodily injury sustained in an airplane accident. The background of the court's conclusions can be explained in many ways, among other things, unlike the Warsaw Convention the new international rule, Montreal Convention is recognizing the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution.

The Effect on Air Transport Sector by Korea-China FTA and Aviation Policy Direction of Korea (한·중 FTA가 항공운송 부문에 미치는 영향과 우리나라 항공정책의 방향)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.83-138
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    • 2017
  • Korea-China FTA entered into force on the 20th of December 2015, and one year elapsed after its effectuation as the FTA with China, our country's largest trading partner. Therefore, this study looks at the trends of air transport trade between Korea and China, and examines the contents of concessions to the air transport services sector in Korea-China FTA, and analyzes the impact on the air transport sector by Korea-China FTA, and proposes our country's aviation policy direction in order to respond to such impact. In 2016 the trends of air transport trade between Korea and China are as follows : The export amount of air transport trade to China was 40.03 billion dollars, down by 9.3% from the last year, and occupied 32.2% of the total export amount to China. The import amount of air transport trade from China was 24.26 billion dollars, down by 9.1% from the last year, and occupied 27.7% of the total import amount from China. The contents of concessions to the air transport services sector in Korea-China FTA are as follows : China made concessions to the aircraft repair and maintenance services and the computer reservation system services with limitations on market access and national treatment in the air transport services sector of the China Schedule of Specific Commitments of Korea-China FTA Chapter 8 Annex. Korea made concessions to the computer reservation system services, selling and marketing of air transport services, and aircraft repair and maintenance without limitations on market access and national treatment in the air transport services sector of the Korea Schedule of Specific Commitments of Korea-China FTA Chapter 8 Annex. The impact on the air transport sector by Korea-China FTA are as follows : As for the impact on the air passenger market, in 2016 the arrival passengers of the international flight from China were 9.96 million, up by 20.6% from the last year, and the departure passengers to China were 9.90 million, up by 34.8% from the last year. As for the impact on the air cargo market, in 2016 the exported goods volumes of air cargo to China were 105,220.2 tons, up by 6.6% from the last year, and imported goods volumes from China were 133,750.9 tons, up by 12.3% from the last year. Among the major items of exported air cargo to China, the exported goods volumes of benefited items in the Tariff Schedule of China of Korea-China FTA were increased, and among the major items of imported air cargo from China, the imported goods volumes of benefited items in the Tariff Schedule of Korea of Korea-China FTA were increased. As for the impact on the logistics market, in 2016 the handling performance of exported air cargo to China by domestic forwarders were 119,618 tons, down by 2.1% from the last year, and the handling performance of imported air cargo from China were 79,430 tons, down by 4.4% from the last year. In 2016 the e-commerce export amount to China were 109.16 million dollars, up by 27.7% from the last year, and the e-commerce import amount from China were 89.43 million dollars, up by 72% from the last year. The author proposes the aviation policy direction of Korea according to Korea-China FTA as follows : First, the open skies between Korea and China shall be pushed ahead. In June 2006 Korea and China concluded the open skies agreement within the scope of the third freedom and fourth freedom of the air for passenger and cargo in Sandong Province and Hainan Province of China, and agreed the full open skies of flights between the two countries from the summer season in 2010. However, China protested against the interpretation of the draft of the memorandum of understanding to the air services agreement, therefore the further open skies did not take place. Through the separate aviation talks with China from Korea-China FTA, the gradual and selective open skies of air passenger market and air cargo market shall be pushed ahead. Second, the competitiveness of air transport industry and airport shall be secured. As for the strengthening methods of the competitiveness of Korea's air transport industry, the support system for the strengthening of national air carriers' competitiveness shall be prepared, and the new basis for competition of national air carriers shall be made, and the strategic network based on national interest shall be built. As for the strengthening methods of the competitiveness of Korea's airports, particularly Incheon Airport, the competitiveness of the network for aviation demand creation shall be strengthened, and the airport facilities and safety infrastructure shall be expanded, and the new added value through the airport shall be created, and the world's No.1 level of services shall be maintained. Third, the competitiveness of aviation logistics enterprises shall be strengthened. As for the strengthening methods of the competitiveness of Korea's aviation logistics enterprises, as the upbringing strategy of higher added value in response to the industry trends changes, the new logistics market shall be developed, and the logistics infrastructure shall be expanded, and the logistics professionals shall be trained. Additionally, as the expanding strategy of global logistics market, the support system for overseas investment of logistics enterprises shall be built, and according to expanding the global transport network, the international cooperation shall be strengthened, and the network infrastructure shall be secured. As for the strengthening methods of aviation logistics competitiveness of Incheon Airport, the enterprises' demand of moving in the logistics complex shall be responded, and the comparative advantage in the field of new growth cargo shall be preoccupied, and the logistics hub's capability shall be strengthened, and the competitiveness of cargo processing speed in the airport shall be advanced. Forth, in the subsequent negotiation of Korea-China FTA, the further opening of air transport services sector shall be secured. In the subsequent negotiation being initiated within two years after entry into force of Korea-China FTA, it is necessary to ask for the further opening of the concessions of computer reservation system services, and aircraft repair and maintenance services in which the concessions level of air transport services sector by China is insufficient compared to the concessions level in the existing FTA concluded by China. In conclusion, in order to respond to the impact on Korea's air passenger market, air cargo market and aviation logistics market by Korea-China FTA, the following policy tasks shall be pushed ahead : Taking into consideration of national air carriers' competitiveness and nation's benefits, the gradual and selective open skies shall be pushed ahead, and the support system to strengthen the competitiveness of air transport industry and airport shall be built, and entry into aviation logistics market by logistics enterprises shall be expanded, and the preparations to ask for the further opening of air transport services sector, low in the concessions level by China shall be made.

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Current Situation and Cooperation on the Metropolitan Airport between Korea and Japan (한국 및 일본의 수도권 공항의 현황과 협력)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.137-163
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    • 2007
  • The air market in Asia has already entered upon the age of limitless competition. It means a very important moment in Asia air market. Each Asian country thus has put a lot of effort into a development plan and support to their hub airport. In order to achieve such a plan, first of all we should build closer cooperation system between the two countries Japan and Korea. The Korea and Japan are very fast growing in the northeast countries within the global air transport market. Air passenger and cargo traffic volumes between Korea and Japan have increased dramatically, since the 1990s. In response to such a trend, both countries have opened new airports and expanded existing facilities in the hopes of laying claims to the main international hub airport in Asia. Apart from the trend, air transportation between Korea and Japan's metropolitan areas is the only transportation in substance, even if they are located very closely in geographical position. The air transportation between the two countries shows that it is necessary to get fast and more convenient because of the economic and cultural interchange and exchange concentrated on the metropolitan areas, and that will promote the economic growth of Korea and Japan. However, within the air transportation industry field, there have no sufficient seats/slots to supply the air demand from the capital cities of each country, as well as no counterplan for some problems regarding capacityand sustain ability of metropolitan airports. Thus, it is necessary for us to consider in all aspects and solve them to improve air transportation between Korea and Japan. This paper is to try to demonstrate this matter and from all angles, that is, in legal and political aspects, facilities and given environmental conditions and cooperation between Korea and Japan. I think that it is indeed a great necessary and convenient for many Korean and Japanese tourists to conclude a new 'Open Sky Agreement' between Japan and Korea in order to the prepare the increase of the shuttle flight between Haneda-Gimpo and opening of air route newly for shuttle flight between Haneda and Cheongju as well as opening of air route for shuttle flight between Haneda-Shanghai Hongqiao International Airport and Beijing International Airport for the 2008 Beijing Olympic Games. Furthermore it is a great desirable thing for us to conclude a new 'Open Sky Agreement' in cooperation reciprocally among the Japan, China and Korea for opening the new air route by the shuttle flight.

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A Study on aircraft ownership and air business control requirement in Korea (항공운송사업자의 국적 제한에 관한 고찰)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.147-174
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    • 2018
  • The air transportation industry is a field where control and interference of the state are generalized compared to other industries. However, the premise for national intervention in the air transportation industry is the determination of the nationality of the aircraft or airline company concerned. This is because it is necessary to clarify the distinction between the domestic and foreign carriers so that they can exercise airspace sovereignty. The purpose of this paper is to compare the current status and contents of Korean law and regulations on the determination of nationality with the foreign legal system. To this end, the starting point of the discussion is to look at the history of nationality restrictions on the US air transport industry and the issues that arise in the content and operation of the system today. In addition, this paper examined the provisions of the Japanese aviation law, which is very similar to that of Korea, and then compared the current legal provisions of the United States, Japan and Korea. As a conclusion, this paper sought the direction of revision of the Korean law on the basis of the foreign status of the restriction of nationality in the air transportation industry. Compared with our law, the US and Japan are generally regarded to be more concerned with the contents of their own airline companies than those of foreigners or non-citizen. In spite of the fact that there are many laws and regulations in the United States regarding the de facto dominance of domestic airline companies by foreigners, there have been a lot of controversies in this matter. By the way, Japan has been stipulating regulations on holding companies and affiliated companies. In the global era, it would be meaningful to check the status of the nationality restrictions in the aviation industry, which is based on internationality. I hope that this study will be able to build a legal institutional basis for Korea's aviation industry development from a reasonable protectionist point of view rather than a narrow nationalism in a rapidly changing era.

Analysis and Implication on the International Regulations related to Unmanned Aircraft -with emphasis on ICAO, U.S.A., Germany, Australia- (세계 무인항공기 운용 관련 규제 분석과 시사점 - ICAO, 미국, 독일, 호주를 중심으로 -)

  • Kim, Dong-Uk;Kim, Ji-Hoon;Kim, Sung-Mi;Kwon, Ky-Beom
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.225-285
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    • 2017
  • In regard to the regulations related to the RPA(Remotely Piloted Aircraft), which is sometimes called in other countries as UA(Unmanned Aircraft), ICAO stipulates the regulations in the 'RPAS manual (2015)' in detail based on the 'Chicago Convention' in 1944, and enacts provisions for the Rules of UAS or RPAS. Other contries stipulates them such as the Federal Airline Rules (14 CFR), Public Law (112-95) in the United States, the Air Transport Act, Air Transport Order, Air Transport Authorization Order (through revision in "Regulations to operating Rules on unmanned aerial System") based on EASA Regulation (EC) No.216/2008 in the case of unmanned aircaft under 150kg in Germany, and Civil Aviation Act (CAA 1998), Civil Aviation Act 101 (CASR Part 101) in Australia. Commonly, these laws exclude the model aircraft for leisure purpose and require pilots on the ground, not onboard aricraft, capable of controlling RPA. The laws also require that all managements necessary to operate RPA and pilots safely and efficiently under the structure of the unmanned aircraft system within the scope of the regulations. Each country classifies the RPA as an aircraft less than 25kg. Australia and Germany further break down the RPA at a lower weight. ICAO stipulates all general aviation operations, including commercial operation, in accordance with Annex 6 of the Chicago Convention, and it also applies to RPAs operations. However, passenger transportation using RPAs is excluded. If the operational scope of the RPAs includes the airspace of another country, the special permission of the relevant country shall be required 7 days before the flight date with detail flight plan submitted. In accordance with Federal Aviation Regulation 107 in the United States, a small non-leisure RPA may be operated within line-of-sight of a responsible navigator or observer during the day in the speed range up to 161 km/hr (87 knots) and to the height up to 122 m (400 ft) from surface or water. RPA must yield flight path to other aircraft, and is prohibited to load dangerous materials or to operate more than two RPAs at the same time. In Germany, the regulations on UAS except for leisure and sports provide duty to avoidance of airborne collisions and other provisions related to ground safety and individual privacy. Although commercial UAS of 5 kg or less can be freely operated without approval by relaxing the existing regulatory requirements, all the UAS regardless of the weight must be operated below an altitude of 100 meters with continuous monitoring and pilot control. Australia was the first country to regulate unmanned aircraft in 2001, and its regulations have impacts on the unmanned aircraft laws of ICAO, FAA, and EASA. In order to improve the utiliity of unmanned aircraft which is considered to be low risk, the regulation conditions were relaxed through the revision in 2016 by adding the concept "Excluded RPA". In the case of excluded RPA, it can be operated without special permission even for commercial purpose. Furthermore, disscussions on a new standard manual is being conducted for further flexibility of the current regulations.

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A Study on Data Research for Fire Regulations and Fire Retardant in Interior Architecture (실내건축관련 소방(消防)규정과 방염(防炎)에 관한 연구)

  • Cho, Sung-O;Kim, Yong-Sung
    • Korean Institute of Interior Design Journal
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    • v.19 no.3
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    • pp.95-102
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    • 2010
  • Recently, a grow in size and features of Interior construction work over the complex and The Fire-related regulations have been strengthened for the prevention of fire damage. This study is purpose to propose interior design, construction and supervision for the efficient and reasonable way throughout the fire-related laws are investigated in interior architecture. First, the interior of the building work will be based on actual use Fire-related Laws and Regulations have be investigated. Second, based on analysis of material and facilities by Application can be used in production by the data were applied to the present. Third, the international Fire and Flame Retardant Standards for investigating and reviewing the relevant laws, differences and characteristics of each country were analyzed. Fourth, the various fire-related issues of regulation and the application of relevant provisions in the field works, the law's standards, and improvements were identified by analysis. Fire-Related Laws and Building codes that Safety Administration of the Fire Services are divided into design, it comes to approval from the municipal authorities with concerns about the fire that will fit on the Fire Department's administrative procedures and operations is necessary to integrate operations. In conclusion, Fire-related business are divided into Minister of Land, Transport and Maritime Affairs and Ministry of Public Administration and Security. So, Both institutions is need to be the cooperative work. It is necessary to the field supervision. Because, Flame-resistant performance standards in the field works applied are too complex. Last, Establishment of fire-related regulations will enact by private organizations and the experts to participate.