• 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.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.121-145
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• 2008

Northeast Asia is increasingly making a transition to distinctive and crucial region in the 21st Century and growing into one of world's top three economic spheres along with the EU and NAFTA. In 2003, Korean government announced the Northeast Asian economic hub country plan as an important agenda. As a means of coping with the changing global environment, Korean government designated Incheon in 2003 as the country's first Free Economic Zone ahead of Busan and Gwangyang Bay in the south of the country because Incheon has a geographical advantage linking North America and Europe with Incheon International Airport and Incheon Seaport. The purpose of this paper is to make research on establishment and operation of an arbitral body entitled ${\ulcorner}International Arbitration Center{\lrcorner}$ (IAC) within Incheon Free Economic Zone(IFEZ). For the purpose of this, the writer in this paper, reviewed the necessity of the IAC's establishment and its legal basis as well as the role and function of the Center. Also, the writer presented plans for how to operate the IAC and how to cooperate with the key arbitral organizations of foreign countries for the settlement promotion of commercial disputes including trade and investment. With development of the IFEZ, world-renowned enterprises will invest in the Incheon economic bloc and conduct economic activities, business operation, marketing, logistics, financing, etc. In this connection, diverse types of commercial disputes are expected to occur between foreign companies entering the IFEZ and Korean firms. In this connection, the Korean Commercial Arbitration Board(KCAB) has been operating its liaison office in the IFEZ since 2004. However, in view of the increasing arbitration demand, the IAC should be set up in the IFEZ in the near future by the positive support of the government in the respect of both administration and finance because the free economic zone-related law provides for the installation of arbitration organization. For the success of the IAC, the Center will have to provide not only good quality of arbitral services that can satisfy arbitration parties but also need to conduct researches and make efforts so that arbitration can be utilized well in the IFEZ. If the IFEZ can provide advantageous business environments to those multinational enterprises intending to the Incheon economic bloc, the IAC will also contribute to the settlement of commercial disputes arising from the Gaeseong Industrial Complex in North Korea in view of the geographical advantage and logistic benefit of the IFEZ. Finally, this paper also suggests a new model for a joint dispute resolution system by the initiative of Korean government and Korean arbitral organizations for the settlement of commercial disputes within Northeast Asia, for which the CAMCA(Commercial Arbitration and Mediation Center for the Americas) of NAFTA can be a good example.

• Journal of Advanced Navigation Technology
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• v.17 no.6
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• pp.625-632
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• 2013

Since GBAS is a navaid facility to provide precision approach service to aircrafts landing at airports, it must be approved by the air navigation service provider or the aviation regulator to be declared operational. However, Korea has no experience in developing or operating the system so there is no approval criteria for GBAS. In order to develop the criteria in case of the future GBAS procurement, Korea Aerospace Research Institute has been testing the installed commercial GBAS station, SLS-4000, in Gimpo International Airport. This paper summarizes the criteria development results focusing on the system design approval. The criteria have been outlined based on the other leading nations' cases and documentations and established in detail on the basis of the FAA SDA artifacts. Those will be directly used for GBAS approval procedure in Korea and are expected to be useful in system requirement analysis, design, development and artifact management in case of own GNSS-based navaid system development in the future.

• Journal of Advanced Navigation Technology
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• v.17 no.5
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• pp.516-523
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• 2013

In this paper, The path loss model of Air Traffic Control(ATC) telecommunication radio channel has been studied at the Incheon International Airport(IIA) with the terminal with two antlers. We measured two frequencies among VHF/UHF channel bands. The transmitting site radiated the Continuous Wave(CW). The propagation measurement was taken using the moving vehicle equipped with receiver and antenna. The transmitting power, frequency and antenna height are the same as the current operating condition. The path loss exponent and intercept parameters were extracted by the basic path loss model and hata model. The path loss exponents at passager terminal areas were 3.32 and 3.10 respectively in 128.2 MHz and 269.1 MHz. The deviation of prediction error is 9.69 and 9.65. The new path loss equation at the terminal area was also developed using the derived path loss parameters. The new path loss was compared with other models. This result will be helpful for the ATC site selection and service quality evaluation.

• Journal of Korea Trade
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• v.25 no.8
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• pp.57-74
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• 2021

Purpose - This study aims to analyze the characteristics of network construction by Norwegian Air and AirAsia X, which are recognized as leading airlines in the long-haul LCC market. Based on this analysis, this study intends to provide implications for networking strategies for Korean LCCs that seek to enter the long-haul market when the aviation market stabilizes again upon the end of the COVID-19 pandemic. Design/methodology - To conduct the network analysis on long-haul low-cost airlines, the Official Airline Guide (OAG) Schedule Analyzer was used to extract long-haul data of Norwegian Air and AirAsia X. To analyze the trend of the long-haul route network, we obtained the data from 3 separate years between 2011 and 2019. The network was analyzed using UCINET 6.0 in order to examine the network structure of long-haul low-cost airlines and the growth trend of each stage. Findings - Analyzing the network of long-haul routes by visualizing the network structure of low-cost carriers showed the following results. In its early years, Norwegian Air's long-haul route network, centering on regional airports in Spain and Sweden, connected European regions, the Middle East, and Africa. As time passed, however, the network expanded and became steadily strong as the airline connected airports in other European countries to North America and Asia. In addition, in 2011, AirAsia X showed links to parts of Europe, such as London and Paris, the Middle East and India, and Australia and Northeast Asia, centering on the Kuala Lumpur Airport. Although the routes in Europe were suspended, the network continued to expand while concentrating on routes of less than approximately 7,000 km. It was found that instead of giving up on ultra-long-haul routes such as Europe, the network was further expanded in Northeast Asia, such as the routes in Korea and Japan centering on China. Originality/value - Until the COVID-19 pandemic broke out, Norwegian Air actively expanded long-haul routes, resulting in the number of long-haul routes quintupling since 2011. The unfortunate circumstance, wherein the world aviation market was rendered stagnant due to the outbreak of COVID-19, hit Norwegian Air harder than any other low-cost carriers. However, in the case of AirAsia X, it was found that it did not suffer as much damage as Norwegian Air because it initially withdrew from unprofitable routes over 7,000 km and grew by gradually increasing profitable destinations over shorter distances. When the COVID-19 pandemic ends and the aviation market stabilizes, low-cost carriers around the world, including Korea, that enter the long-haul route market will need to employ strategies to analyze the marketability of potential routes and to launch the routes that yield the highest profits without being bound by distance. For stable growth, it is necessary to take a conservative stance; first, by reviewing the business feasibility of the operating a small number of highly profitable routes, and second, by gradually expanding these routes.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.115-168
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• 2018

An amendment to Japanese Civil Aeronautics Act came into effect December 10, 2015. The Act prohibits flying drones over residential areas or areas surrounding an airport without permission from the Minister of Land, Infrastructure and Transportation. Flying drones during night time and during an event is also prohibited. The term "UAV" or "UA" means any aeroplane, rotorcraft, glider or airship which cannot accommodate any person on board and can be remotely or automatically piloted (Excluding those lighter than a certain weight (200 grams). Any person who intends to operate a UAV is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of UAVs in the daytime, (ii) Operation of UAVs within Visual Line of Sight (VLOS), (iii) Maintenance of a certain operating distance between UAVs and persons or properties on the ground/water surface, (iv) Do not operate UAVs over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by UAV, (vi) Do not drop any objects from UAVs. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes some issues as to regulations of UAVs in Korean Aviation Safety Act by comparing the regulations of UAVs in Japanese Civil Aeronautics Act. This paper, also, offers some implications and suggestions for regulations of UAVs under Korean Aviation Safety Act.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.33 no.2
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• pp.171-187
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• 2023

Objectives: Aircraft cabin cleaning work is characterized by being performed within a limited time in a narrow and enclosed space. The objective of this study was to evaluate the exposure levels to dust, ultra fine dust(PM2.5) and black carbon(BC) among aircraft cabin cleaners. Methods: Active personal air sampling for respirable dust(n=73) and BC(n=47) was conducted during quick transit cleaning(cabin general and vacuum-specific) and seat cover replacement and total dust and PM2.5 were area-air-sampled as well. Also, size distribution of particle was identified with the cleaning workers targeted. Dusts were collected with PVC filters using gravimetric analysis. The concentration of PM2.5 and the particle size distribution were measured with real-time direct reading portable equipment using light scattering analysis. The concentration of BC was measured by aethalometer(filter-based real-time light absorption analysis instrument). Results: The geometric mean of respirable dust was the highest at vacuum cleaning as 74.4 ㎍/m³, following by replacing seat covers as 49.3 ㎍/m³ and cabin general cleaning as 47.8 ㎍/m³ . The arithmetic mean of PM2.5 was 4.83 ~ 9.89 ㎍/m³ inside the cabin, and 28.5~44.5 ㎍/m³ outside the cabin(from bus and outdoor waiting space). From size distribution, PM_2.5/PM₁₀ ratio was 0.54 at quick transit cleaning and 0.41 at replacing seat covers. The average concentration of BC was 2~7 ㎍/m³, showing a high correlation with the PM2.5 concentration. Conclusions: The hazards concentration levels of aircraft cabin cleaners were very similar to those of roadside outdoor workers. As the main source of pollution is estimated to be diesel vehicles operating at airports, and it is necessary to replace older vehicles, strengthen pollutant emission control regulations, and introduce electric vehicles. In addition, it is necessary to provide as part of airport-inftastructure a stable standby waiting space for aircraft cabin cleaners and introduce a systematic safety and health management system for all workers in the aviation industry.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.45-79
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• 2018

An increase of airplanes and military aircraft operation lead to significant demanding of residential claims by people who live in nearby airports and military bases due to noise, vibration and residential damages caused by aircraft operations. In recent years, a plaintiff has filed a lawsuit against the defendant, claiming the prohibition of using claimant's possessed land as a helicopter landing route, and the Daejeon High Court was in favour of the plaintiff. Although the Supreme Court later dismissed the Appeal Court decision, it is necessary to discuss the case of setting flight prohibited zone. In Japan, the airport noise lawsuits have been filed for a long time, mainly by environmental groups. Unlike the case that admitted residential damages caused by noise, the Yokohama District Court for the first time sentenced a judgment of the prohibition of the flight. This ruling was partially changed in the appellate court and some of the plaintiffs' claims were adopted. However, the Supreme Court of Japan finally rejected such decision from appeal and district courts. Atsugi Base is an army camp jointly used by the United States and Japan, and residents, live nearby, claim that they are suffering from mental damage such as physical abnormal, insomnia, and life disturbance because of the noise from airplane taking off and landing in the base. An administrative lawsuit was therefore preceded in the Yokohama District Court. The plaintiff requested the Japan Self-Defense Forces(hereinafter 'JSDF') and US military aircraft to be prohibited operating. The court firstly held the limitation of the flight operation from 10pm to 6am, except unavoidable circumstance. The case was appealed. The Supreme Court of Japan dismissed the original judgment on the flight claim of the JSDF aircraft, canceled the first judgment, and rejected the claims of the plaintiffs. The Supreme Court ruled that the exercise of the authority of the Minister of Defense is reasonable since the JSDF aircraft is operating public flight high zone. The court agreed that noise pollution is such an issue for the residents but there are countermeasures which can be taken by concerned parties. In Korea, the residents can sue against the United States or the Republic of Korea or the Ministry of National Defense for the prohibition of the aircraft operation. However, if they claim against US government regarding to the US military flight operation, the Korean court must issue a dismissal order as its jurisdiction exemption. According to the current case law, the Korean courts do not allow a claimant to appeal for the performance of obligation or an anonymous appeal against the Minister of National Defense for prohibiting flight of military aircraft. However, if the Administrative Appeals Act is amended and obligatory performance litigation is introduced, the claim to the Minister of National Defense can be permitted. In order to judge administrative case of the military aircraft operation, trade-off between interests of the residents and difficulties of the third parties should be measured in the court, if the Act is changed and such claims are granted. In this connection, the Minister of National Defense ought to prove and illuminate the profit from the military aircraft operation and it should be significantly greater than the benefits which neighboring residents will get from the prohibiting flight of military aircraft.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.145-176
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• 2016

Aviation safety can be secured through regulations and policies of various areas and thorough execution of them on the field. Recently, for aviation safety management Korea is making efforts to prevent aviation accidents by taking various measures: such as selecting and promoting major strategic goals for each sector; establishing National Aviation Safety Program, including the Second Basic Plan for Aviation Policy; and improving aviation related legislations. Obstacle limitation surface is to be established and publicly notified to ensure safe take-off and landing as well as aviation safety during the circling of aircraft around airports. This study intends to review current aviation obstacle management system which was designed to make sure that buildings and structures do not exceed the height of obstacle limitation surface and identify its operating problems based on my field experience. Also, in this study, I would like to propose ways to improve the system in legal and regulatory aspects. Nowadays, due to the request of residents in the vicinity of airports, discussions and studies on aviational review are being actively carried out. Also, related ordinance and specific procedures will be established soon. However, in addition to this, I would like to propose the ways to improve shortcomings of current system caused by the lack of regulations and legislations for obstacle management. In order to execute obstacle limitation surface regulation, there has to be limits on constructing new buildings, causing real restriction for the residents living in the vicinity of airports on exercising their property rights. In this sense, it is regarded as a sensitive issue since a number of related civil complaints are filed and swift but accurate decision making is required. According to Aviation Act, currently airport operators are handling this task under the cooperation with local governments. Thus, administrative activities of local governments that have the authority to give permits for installation of buildings and structures are critically important. The law requires to carry out precise surveying of vast area and to report the outcome to the government every five years. However, there can be many problems, such as changes in the number of obstacles due to the error in the survey, or failure to apply for consultation with local governments on the exercise of construction permission. However, there is neither standards for allowable errors, preventive measures, nor penalty for the violation of appropriate procedures. As such, only follow-up measures can be taken. Nevertheless, once construction of a building is completed violating the obstacle limitation surface, practically it is difficult to take any measures, including the elimination of the building, because the owner of the building would have been following legal process for the construction by getting permit from the government. In order to address this problem, I believe penalty provision for the violation of Aviation Act needs to be added. Also, it is required to apply the same standards of allowable error stipulated in Building Act to precise surveying in the aviation field. Hence, I would like to propose the ways to improve current system in an effective manner.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.3-35
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• 2013

Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.