• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.47-84
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• 2007

The Uniform Customs and Practice for Documentary Credits ("UCP") may be treated as a useful laboratory for studying the scope and limitations of self regulation. This is due to its almost universal success on a global stage which provides it a perspective rarely available for self regulatory provisions and due to extensive experience of judicial review of it. In this sense, it is worthwhile to examine in brief the latest iteration of the UCP, Publication No. 600 ("UCP600"). This article describes and analyze some of core provisions of the UCP600 from the perspective of their adequacy as an exercise in self regulation. It is attempted first in view of several categories of private rulemaking; definitional rulemaking, default rules, procedural rules, and remedies. After that, it is examined second in view of sound rulemaking which is related to the relative role of law and practice. It points out rich and varied insights into the possibilities and problems associated with private rulemaking in connection with commercial transactions.

• Transactions of the Korean Society of Pressure Vessels and Piping
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• v.6 no.2
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• pp.9-15
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• 2010

US NRC issued rulemaking of 10CFR50.55a to perform the Perservice and Inservice inspection for Reactor Vessel Head Penetration Nozzle of US Nuclaer plant. The rulemaking was required the EPRI Demonstration to verify the NDE technique performing special Ultrasonic examination. In order to meet this requirement, the UT and ECT procedures was demonstrated and the NDE personnel were qualified by EPRI. In this paper, the NDE technique and analysis method are described the Preservice inspection for the Palo Verde #1/2/3 Replacement Reactor Vessel Head Penetration Nozzle using the qualified procedures and personnel.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.345-366
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• 2018

Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

• Journal of Advanced Navigation Technology
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• v.26 no.3
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• pp.125-135
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• 2022

UAM is emerging as the biggest issue in the aviation industry and which is attracting a lot of attention not only domestically but also internationally. In Korea, active research is being conducted centered on the government and industry-university research institutes, such as the establishment of a future K-UAM concept of operation. Therefore, in this study applies the SORA (Specific Operation Risk Assessment) model established by the European JARUS (Joint Authorities for Rulemaking on Unmanned Systems) to apply the K-UAM operation environment and specific corridor for the purpose of cargo transportation that will be operated in the future that the government is promoting. We intend to suggest policy and technical measures for risk mitigation in the initial operating environment by evaluating the level of risk and analyzing the results.

• Journal of Aerospace System Engineering
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• v.9 no.2
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• pp.63-71
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• 2015

An aircraft engine is considered as the most important element among aircraft systems. Thus type certificate is required for an aircraft engine to ensure its safety under appropriate airworthiness standard. U.S. FAR Part 33 or European CS-E is widely adopted as an airworthiness standard for aircraft engines, and other representative countries of the world established own airworthiness standards under their regulations. In this paper, we compared differences of the requirements between FAR Part 33 and CS-E, and proposed the rulemaking items to harmonize Korean Airworthiness Standard for Aircraft Engines with worldwide standards and to contribute to growth of aviation industry.

• Journal of Korean Society for Quality Management
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• v.41 no.3
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• pp.423-432
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• 2013

Purpose: A Study on the application of quality management system specification to production validation and audit in military airworthiness certification. Methods: Aircraft quality management system specification for quality assurance and production validation and audit requirements were examined to verify. Also, the system for domestic and foreign production certification were investigated. Results: Production validation and audit criteria for military aircraft by applying methods suggested Aircraft Certifications Systems Evaluation Program(ACSEP). ACSEP evaluation of the items, some items were complementary and not applied. Conclusion: As a way to ensure the safety of aircraft, confirm the correction of Production validation & audit criteria and rulemaking is necessary and how to manage for Critical Safety Item(CSI) is a need to improve.

• Journal of Aerospace System Engineering
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• v.9 no.1
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• pp.19-27
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• 2015

The Technical Standard Order articles are the parts and appliances for which the civil aviation authority designates as it is necessary to standardize for the expedited certification process and aviation safety. TSO articles were used on the type certified aircraft as replacement parts in the early days of TSO authorization system, but those articles are widely used on the newly developed aircraft as well in these days. In this paper, we compared the differences of the TSO authorization systems between FAA and EASA, and proposed the rulemaking items to improve Korean TSO authorization system and to contribute to growth of aviation industry.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.39C no.12
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• pp.1352-1361
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• 2014

The Federal Communications Commission (FCC), which regulates interstate and international communications in the United States, has established a plan to allocate high demand spectrum to the usage of mobile communication by inducing voluntary relinquishment from broadcasters. This plan was introduced by the National Broadband Plan as an incentive auction in 2010. The FCC suggested the Notice of Proposed Rulemaking (NPRM) in 2012 and issued Report and Order (R&O) on May 2014 regarding the overall rules of incentive auctions expected to be implemented in mid-2015. The incentive auction attracts the attention of many countries because this policy suggests a novel approach regarding the alteration of use from an inefficient usage to an efficient usage in limited spectrum resources. In this paper, we define the key issues in order for implementation of incentive auction. Since the incentive auction is a highly complicated process compared to previous allocation procedures, a careful review of the incentive auction regarding whether this spectrum policy can be introduced is required. In this paper, we describe the detailed procedure of the incentive auction and present policy considerations for the introduction of the incentive auction.

• Transactions of the Korean hydrogen and new energy society
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• v.20 no.2
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• pp.133-141
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• 2009

본 논문에서는 전기자동차의 고전압 시스템의 안전성을 확보하기 위한 법규 규제안 생성 방법론을 제시하였다. 법규가 기술적으로 모든 영역을 빠뜨리지 않고 정의하고 있는지를 파악하기 위한 방법으로 법규분포분석법(Regulation Distribution Analysis Method)과 법규 완전도 분석법(Regulation Completeness Analysis Method)을 제시하였다. 자동차 설계와 생산에 있어서 법규/규제는 중요한 이슈가 되고 있다. 원칙적으로 법규는 자동차 승객과 환경을 보호하는 목적으로 생성되고, 이윤 추구 중심의 시장에서 놓칠 수 있는 기술적 항목들을 규제할 수 있도록 한다. 매연 배출 정도, 매연 모니터링 시스템, 전기 안전성과 같은 항목이 그 예이며, 향후 연료전기자동차 양산을 앞두고는 고전압 안전성과 관련된 규제 또한 필요하게 될 것으로 파악된다. 그러나 규제 항목에서 미정의된 부분이 있는지를 확인하는 체계적인 방법이 없어 본 논문에서는 기술적인 파라미터를 중심으로 규제항목을 검토하는 방법론을 제시하였다.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.42 no.12
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• pp.1073-1079
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• 2014

Aircraft parts are considered as a significant element for the continued airworthiness of the certified aircraft well as a partial component consisting of the new aircraft design. US FAA established the certification system of Parts Manufacturer Approval in 1965, which is contributing to the continued airworthiness of the aircraft in operation and to the expansion of worldwide market of aircraft parts. In this paper, we compared the differences of the certification systems between FAA Parts Manufacturer Approval and EASA European Part Approval, and proposed the rulemaking items to improve Korean Parts Manufacturer Certification System and to contribute to growth of aircraft parts industry.