• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.139-161
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• 2009

The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

• Journal of Intelligence and Information Systems
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• v.26 no.1
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• pp.47-73
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• 2020

KTX rolling stocks are a system consisting of several machines, electrical devices, and components. The maintenance of the rolling stocks requires considerable expertise and experience of maintenance workers. In the event of a rolling stock failure, the knowledge and experience of the maintainer will result in a difference in the quality of the time and work to solve the problem. So, the resulting availability of the vehicle will vary. Although problem solving is generally based on fault manuals, experienced and skilled professionals can quickly diagnose and take actions by applying personal know-how. Since this knowledge exists in a tacit form, it is difficult to pass it on completely to a successor, and there have been studies that have developed a case-based rolling stock expert system to turn it into a data-driven one. Nonetheless, research on the most commonly used KTX rolling stock on the main-line or the development of a system that extracts text meanings and searches for similar cases is still lacking. Therefore, this study proposes an intelligence supporting system that provides an action guide for emerging failures by using the know-how of these rolling stocks maintenance experts as an example of problem solving. For this purpose, the case base was constructed by collecting the rolling stocks failure data generated from 2015 to 2017, and the integrated dictionary was constructed separately through the case base to include the essential terminology and failure codes in consideration of the specialty of the railway rolling stock sector. Based on a deployed case base, a new failure was retrieved from past cases and the top three most similar failure cases were extracted to propose the actual actions of these cases as a diagnostic guide. In this study, various dimensionality reduction measures were applied to calculate similarity by taking into account the meaningful relationship of failure details in order to compensate for the limitations of the method of searching cases by keyword matching in rolling stock failure expert system studies using case-based reasoning in the precedent case-based expert system studies, and their usefulness was verified through experiments. Among the various dimensionality reduction techniques, similar cases were retrieved by applying three algorithms: Non-negative Matrix Factorization(NMF), Latent Semantic Analysis(LSA), and Doc2Vec to extract the characteristics of the failure and measure the cosine distance between the vectors. The precision, recall, and F-measure methods were used to assess the performance of the proposed actions. To compare the performance of dimensionality reduction techniques, the analysis of variance confirmed that the performance differences of the five algorithms were statistically significant, with a comparison between the algorithm that randomly extracts failure cases with identical failure codes and the algorithm that applies cosine similarity directly based on words. In addition, optimal techniques were derived for practical application by verifying differences in performance depending on the number of dimensions for dimensionality reduction. The analysis showed that the performance of the cosine similarity was higher than that of the dimension using Non-negative Matrix Factorization(NMF) and Latent Semantic Analysis(LSA) and the performance of algorithm using Doc2Vec was the highest. Furthermore, in terms of dimensionality reduction techniques, the larger the number of dimensions at the appropriate level, the better the performance was found. Through this study, we confirmed the usefulness of effective methods of extracting characteristics of data and converting unstructured data when applying case-based reasoning based on which most of the attributes are texted in the special field of KTX rolling stock. Text mining is a trend where studies are being conducted for use in many areas, but studies using such text data are still lacking in an environment where there are a number of specialized terms and limited access to data, such as the one we want to use in this study. In this regard, it is significant that the study first presented an intelligent diagnostic system that suggested action by searching for a case by applying text mining techniques to extract the characteristics of the failure to complement keyword-based case searches. It is expected that this will provide implications as basic study for developing diagnostic systems that can be used immediately on the site.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.101-127
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• 2017

Even with the most advanced aviation technology benefits, aircraft accidents are constantly occurring while air passenger transportation volume is expected to double in the next 15 years. Since it is not possible to secure aviation safety only by the post aircraft accident safety action of accident investigations, it has been recognized and consensus has been formed that proactive and predictive prevention measures are necessary. In this sense, the aviation safety management system (SMS) was introduced in 2008 and has been carried out in earnest since 2011. SMS is a proactive and predictive aircraft accident preventive measure, which is a mechanism to eliminate the fundamental risk factors by approaching organizational factors beyond technological factors and human factors related to aviation safety. The methodology is to collect hazards in all the sites required for aircraft operations, to build a database, to analyze the risks, and through managing risks, to keep the risks acceptable or below. Therefore, the improper implementation of SMS indicates that the aircraft accident prevention is insufficient and it is to be directly connected with the aircraft accident. Reports of duty performance related hazards including their own errors are essential and most important in SMS. Under the policy of just culture for voluntary reporting, the guarantee of information providers' anonymity, non-punishment and non-blame should be basically secured, but to this end, under-reporting is stagnant due to lack of trust in their own organizations. It is necessary for the accountable executive(CEO) and senior management to take a leading role to foster the safety culture initiating from just culture with the safety consciousness, balancing between safety and profit for the organization. Though a Ministry of Land, Infrastructure and Transport's order, "Guidance on SMS Implementation" states the training required for the accountable executive(CEO) and senior management, it is not legally binding. Thus it is suggested that the SMS training completion certificates of accountable executive(CEO) and senior management be included in SMS approval application form that is legally required by "Korea Aviation Safety Program" in addition to other required documents such as a copy of SMS manual. Also, SMS related items are missing in the aircraft accident investigation, so that organizational factors in association with safety culture and risk management are not being investigated. This hinders from preventing future accidents, as the root cause cannot be identified. The Aircraft Accident Investigation Manuals issued by ICAO contain the SMS investigation wheres it is not included in the final report form of Annex 13 to the Convention on International Civil Aviation. In addition, the US National Transportation Safety Board(NTSB) that has been a substantial example of the aircraft accident investigation for the other accident investigation agencies worldwide does not appear to expand the scope of investigation activities further to SMS. For these reasons, it is believed that investigation agencies conducting their investigations under Annex 13 do not include SMS in the investigation items, and the aircraft accident investigators are hardly exposed to SMS investigation methods or techniques. In this respect, it is necessary to include the SMS investigation in the organization and management information of the final report format of Annex 13. In Korea as well, in the same manner, SMS item should be added to the final report format of the Operating Regulation of the Aircraft and Railway Accident Investigation Board. If such legal and institutional improvement methods are complemented, SMS will serve the purpose of aircraft accident prevention effectively and contribute to the improvement of aviation safety in the future.