• Journal of Advanced Navigation Technology
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• v.24 no.6
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• pp.491-499
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• 2020

There are policies that foster the drone industry, which either put a legal precedent on drones through the "Drone Act" or grant a delay or exemption in applying the safety measures of "the Aviation Safety Act". Yet, the definition of a drone is unclear, requiring further discussion on commercial usage. Therefore, we have studied cases domestically and abroad, and also analyzed issues with the current aviation legislation. It was found that a drone is defined as "an unmanned aircraft where a pilot is not on board, and its net weight is 150 kg or less". However, there are several issues, such as that a drone taxi requires a pilot on board, and its weight is 150 kg or more. Thus, we propose to define a drone as "an unmanned aerial vehicle (provided, that its own net weight should be 300 kg or under, or not be limited to weight) under Article 2 (3) of the "Aviation Security Act" as prescribed by Ordinance of the Ministry of Land, Infrastructure, and Transport, which operates either by remote, automatically, or autonomously; or an unmanned aircraft under Article 2 (6) of the "Aviation Security Act".

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.50 no.9
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• pp.647-655
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• 2022

The Russian government is expanding strategic cooperation with foreign countries, including production partnerships, in order to secure civil aircraft manufacturing technology and advanced materials, with the aim of becoming the world's third-largest civil aircraft producer. In addition, the Russian government supports the development of the aircraft manufacturing industry and reorganizes the aircraft certification organization to pursue systematic aviation safety and make great efforts in international cooperation and certification activities for the export of aviation products. Establishing a cooperative system for safety and certification of civil aircraft between countries requires a process of mutual understanding and trust in the overall certification system. Therefore in this study, we wanted to analyze Russia's aircraft certification organization, law system, certification procedures to help Russia understand its aircraft certification system.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.159-201
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• 2019

Along with Annex 14 Volume I establishment in 1951 and the set-up of restriction surface around the runway, aeronautical technique and navigation performance achieved dazzling growth, and the safety and precision of navigation greatly improved. However, restrictions on surrounding obstacles are still valid for safe operation of an aircraft. Standards and criteria for securing safety of aircraft operating around and on airport is stated in Annex 11 Air Traffic Services and Annex 14 Aerodrome etc. In particular, Annex 14 Volume I presents the criteria for limiting obstacles around an airport, such as natural obstacles such as trees, mountains and hills to prevent collisions between aircraft and ground obstacles, and artificial obstacles such as buildings and structures. On the other hand, Annex 14 Volume I, in the application of the obstacles limitation surfaces, apply the exception criteria, as it may not be possible to remove obstacles that violate the criteria if the aeronautical study determines that they do not impair the safety and regularity of aircraft operation. Aeronautical study has been applied and implemented in various countries including United States, Canada and Europe etc. accordingly, Korea established and amended some provisions of the Enforcement rules of the Aviation Act and established the Aeronautical study guidelines to approve exceptions. However, because ICAO does not provide specific guidelines on procedures and methods of Aeronautical study, countries conducting aeronautical study have established and applied their own procedures and methods. Reflecting this realistic situation, at the 12th World Navigation Conference and at the 38th General Assembly, the contracting States demanded a reexamination of the criteria for current obstacle limitation surfaces and methods of aeronautical study, and the ICAO dedicated a team of experts to prepare new standard. This study, in line with the movement of international change in obstacle limitation surface and aeronautical study, aims to compare and analyze current domestic and external standards on obstacle limitation and height limits, while looking at methods, procedure and systems for aeronautical study. In addition, expecting that aeronautical study will be used realistically and universally in assessing the impact of obstacles, we would recommend the institutional improvement of the aeronautical study along with the development of quantitative analysis methods using the navigation data in the current aeronautical study.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.39-63
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• 2020

This paper reviews the Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with COVID-19 of EU commission. To enlighten the obscurity and to mitigate the economic impacts of the COVID-19, European Commission has published "Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19" on March 18, 2020. The Guideline essentially aims to create a coherent system of rules to assist the passengers, industry and national authorities overall under the unprecedented circumstances across the European Union. To do so, the Guideline is drafted to cover the rights of passengers travelling by air, rail, ship or bus/coach, maritime and inland waterways, as well as the corresponding obligations for carriers. From an aviation industry focused perspective, by referencing the Regulation (EC) numbered 261/2004, the Guideline specifically applies to cancellation and delay in flights which are seen as the dark spots for the air carriers concerning potential burdens.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.279-310
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• 2015

The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.3-54
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• 2013

Nowadays, major advanced countries in aviation technology are putting their effort to develop commercial and civil Unmanned Aircraft System(UAS) due to its highly promising market demand in the future. The market scale of commercial and civil UAS is expected to increase up to approximately 8.8 billon U.S. dollars by the year 2020. The usage of commercial and civil UAS covers various areas such as remote sensing, relaying communications, pollution monitoring, fire detection, aerial reconnaissance and photography, coastline monitoring, traffic monitoring and control, disaster control, search and rescue, etc. With the introduction of UAS, changes need to be made on current Air Traffic Management Systems which are focused mainly manned aircrafts to support the operation of UAS. Accordingly, the legislation for the UAS operation should be followed. Currently, ICAO's Unmanned Aircraft System Study Group(UASSG) is leading the standardization process of legislation for UAS operation internationally. However, some advanced countries such as United States, United Kingdom, Australia have adopted its own legislation. Among these countries, United States is most forth going with President Obama signing a bill to integrate UAS into U.S. national airspace by 2015. In case of Korea, legislation for the unmanned aircraft system is just in the beginning stage. There are no regulations regarding the operation of unmanned aircraft in Korea's domestic aviation law except some clauses regarding definition and permission of the unmanned aircraft flight. However, the unmanned aircrafts are currently being used in military and under development for commercial use. In addition, the Ministry of Land, Infrastructure and Transport has a ambitious plan to develop commercial and civil UAS as Korea's most competitive area in aircraft production and export. Thus, Korea is in need of the legislation for the UAS operation domestically. In this regards, I personally think that Korea's domestic legislation for UAS operation will be enacted focusing on following 12 areas : (1)use of airspace, (2)licenses of personnel, (3)certification of airworthiness, (4)definition, (5)classification, (6)equipments and documents, (7)communication, (8)rules of air, (9)training, (10)security, (11)insurance, (12)others. Im parallel with enacting domestic legislation, korea should contribute to the development of international standards for UAS operation by actively participating ICAO's UASSG.

• International Commerce and Information Review
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• v.15 no.2
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• pp.3-23
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• 2013

In 1997, 180 countries signed the Kyoto Protocol in Kyoto, Japan. The Kyoto Protocol came into force in February 2005. The agreement calls for industrialized nations to cut greenhouse gas emissions by 5 percent from 1990 levels by 2008 to 2012. One of those polices is a modal shift that change from road freight to sea, inland waterway and railroad transportation that is eco-friendly. The increase of road freight brings road congestion, accidents, logistic costs, air pollution and greenhouse gases. Railroads are superior than the other modes of transportation in mass transportability, high speed, timeliness, safety and environmental-friendliness, but the railway industry has been pushed behind in competition. Korean railroads were used by passengers and freight transport popularly until the middle of 20th century, however, by the sudden change of logistics environments, a shaving time efficiency being most important, railroad logistic lost its competitive power against the transportation by truck. From the research which sees consequently investigated a various policy, a system and a law about Chinese logistics industry and present condition of the Chinese goods enterprise and instance analysis of the large Chinese corporation that branch out to undeveloped markets led and a Chinese logistics industry and problem point escape hereafter the heightening of competitiveness plan which is rational under prsenting boil.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.52 no.4
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• pp.364-371
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• 2016

The analysis on the international safety management code (ISM Code) and case of foreign national safety management for fishing vessel was conducted to serve as a basic data on the introduction of safety management system (SMS) for a deep-sea fishing vessel in Korea. As a result, Maritime New Zealand (MNZ) has managed operations of SMS in the maritime rules according to the Maritime Transport Act since 1994. MNZ underwent a safe ship management (SSM), which includes elements applied to shipping companies, ship and verification of the ISM Code for ships, except ISM Code application since 1998. In 2014 the introduction of the advanced maritime operator safety system (MOSS) superior to the SSM by MNZ was promoted actively switch and enforcement. Meanwhile, the safe operation manual of Japanese fishing vessel includes large part of the contents of the ISM Code, and voluntary implementation to fit the realities of the fishing vessel. The law application of SMS for a deep-sea fishing vessel after the newly establishment of the Ocean Industry Development Act to SMS would be advantageous to the schematic management, supervision, maintenance and application and, in 2016 from the implementation of maritime safety supervisor for a deep-sea fishing vessel that the management and supervision through the fishing vessel will be the efficient operation. The configuration of the safety management system in a deep-sea fishing vessel should be included as an element of ISM Code. The introduction of such a system is gradually applicable, such as nationality overseas vessel case study of the ISM Code, and vessels that are excluded from the application will be implemented as autonomous as Japan. The results are expected to contribute to sustainable development in the ocean industry safety culture spread throughout the ocean industry through the enhancement of safety fishing competency and safety management responsibility of fisher.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.337-371
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• 2015

In recent years, aviation safety has been facing new hazards due to the rapidly changing environment in which aircraft operation increasingly finds. Continuously increasing air traffic volume, integration of various cultures from many States, and many other changes are the causal factors of the new risks. To identify such new hazards and risks, the government of the Republic of Korea (ROK) established aviation safety reporting systems in accordance with the international standards of the Convention on International Civil Aviation. However, there are some misunderstandings by the government in operating and by the personnel who take part in these reporting systems. Everybody should understand that aviation safety reporting system is not a punitive measure but a tool for collecting data in order to improve safety. In addition, such a system can be utilized further to promote an improved awareness on the need for a proper safety culture on the part of both the government, the industry and the personnel. This paper includes studies on international standards, relevant regulations in the United States and the United Kingdom. Moreover, this paper proposes to the government of ROK several points to improve their own system, including integration of the existing reporting systems, improvement of reporting items, implementation of safety data taxonomy and the establishment of safety data protection.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.205-226
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• 2018

For sustainable development of air transport, the establishment and application of international standards of environmental protection area is significant. The development and use of alternative fire extinguishing agent to Halon, which is used for the fire extinguishing systems of engine nacelles/APU and cargo compartments, has been requested in order to protect the ozone layer. The ICAO has been active in preparing international standards and recommended practices (SARPs); however, certification of alternative fire extinguishing agents has been postponed due to technical readiness problem.. Consequently, the implementation of SARPs has also been postponed by two years from the end of 2016. to the end of 2018. As such consequences have caused confusion among Member States regarding its implementation, it is necessary to discuss and pay more attention to this issue. ICAO Council and Air Navigation Commission should consider between setting the implementation time frame earlier or giving enough time for mature readiness and preparedness. Also in order to minimize the unnecessary discharge of Halon owned by Member States, it is necessary to consider efficient management methodologies; for example, requesting fire extinguisher manufacturers to recharge in professional ways. For the successful implementation of the SARPs, ICAO developed an implementation task list as including notification of differences, establishment of a national implementation plan, drafting of the modification to the national regulations and means of compliance, adoption of the national regulations and means of compliance. Member States can develop their own rule making process in reference with the ICAO implementation task list. This issue was presented and discussed during the 54th Conference of Directors General of civil aviation, Asia and Pacific Regions which was held in Ulaanbaatar, Mongolia in 2017 with significant attention among participated Contacting States. In this regards, ICAO Council and Air Navigation Commission should consult with Legal Bureau lawyers regarding SARPs preparing process to eliminate difficulties and confusions for proper implementation within effective date.