• Title/Summary/Keyword: aviation act

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Policy Suggestions for Korea Aviation Industry's Fair Competition (항공운송산업의 공정경쟁에 대한 이해와 정책적 제언)

  • Park, Jin-Seo;Kim, Je-Chul;Han, Ik-Hyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.129-153
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    • 2017
  • Fair Competition policy in aviation field has been discussed since open skies policy began in 1970s. This issue has been also the main topic in the ICAO's Worldwide Air Transport Conference, the Air Transport Symposium, etc. ICAO defines competition as the existent or potential rivalry between two or more operators, carriers or groups, striving for advantages in the same market based on different prices, qualities and services. In a broader sense, the definition includes more various meanings; reasonable, fair, effective, and unrestricted competitions. Nowadays, competition laws and regulations to air transportation have been applied more frequently and the issues varies from antitrust immunity, mergers and alliances, abuse of dominant positions, capacity dumping and predatory pricing, sales and marketing, to airport charges and fees, state aid and loan guarantees. Now, the competition among the airlines or nations in aviation industry is changing to cooperation level. A lot of airlines try to survive by various cooperation methods. Therefore the policy of Korean aviation industry should be developed, taking so-called "the viewpoint of national aviation industry ecosystem" into consideration and Korean government should prepare a policy of fair competition to cope with it. First, in the process of open skies policy with neighboring countries such as China, Japan and the Middle East, it is necessary to apply the fair competition act and prepare laws and regulations to implement it. Second, the standards of effective ownership and control of air transportation business should be reviewed. Third, in preparation for aviation agreements and liberalization, the Korean aviation industry needs to study and review competition and cooperation issues through the analysis of strict aviation market structure for airlines and airport operations. Fourth, it is necessary to create a fair air transportation environment for the development of air transportation and competitiveness through preemptive policies such as the approval of mergers, acquisitions, JV and the ripple effects analysis.

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Evolution of Aviation Safety Regulations to cope with the concept of data-driven rulemaking - Safety Management System & Fatigue Risk Management System

  • Lee, Gun-Young
    • 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.

Unmanned Drones flying device and the Aviation Act and other local law to limit problems (무인비행장치 드론과 항공법 등 국내 설정법에 대한 문제점 고찰)

  • Jeong, Soonchae;Mariappan, Vinayagam;Cha, Jaesang
    • Journal of Satellite, Information and Communications
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    • v.12 no.1
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    • pp.58-63
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    • 2017
  • In this paper, Easily the nation's rapidly expanding and the popularization of unmanned aerial vehicle drone can fly. But in Korea, divided country to cameras lately, and national characteristics and constraints in many relevant laws and in particular, address public concerns.Appears, along with many. Unmanned aircraft drone called industrial revolution in the sky and pitfalls to look at the domestic law in relation to the situation and to find a way to resolve them.

Improvement of LMCTS Position Accuracy using DR-FNN Controller

  • Lee, Jin Woo;Suh, Jin Ho;Lee, Young Jin;Lee, Kwon Soon
    • International Journal of Fuzzy Logic and Intelligent Systems
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    • v.4 no.2
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    • pp.223-230
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    • 2004
  • In this paper, we will introduce a control strategy based on the permanent magnet linear synchronous motor (PMLSM) container transfer system using soft-computing algorithm. Linear motor-based container transport system (LMCTS) is horizontal transfer system for the yard automation, which has been proposed to take the place of automated guided vehicle in the maritime container terminal. LMCTS is considered as that the system is changed its model suddenly and variously by loading and unloading container. The proposed control system is consisted of two DR-FNNs that act the role of controller and system emulator. Consequently, the system had the predictable structure and an ability to adapt for a huge variation of rolling friction, detent force, and sudden changes of its weight by loading and unloading.

A Study on the improvement of domestic rail safety management system (국내 철도안전관리체계 개선에 관한 연구)

  • Oh, In-Tack;Paeng, Jung-Goang;Jang, Seong-Yong
    • Proceedings of the KSR Conference
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    • 2008.06a
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    • pp.1315-1323
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    • 2008
  • This paper defines the Safety Management System(SMS) based on the rail safety act and surveys the status of the English rail SMS and International Civil Aviation Organization (ICAO) SMS and OHSAS18001 SMS. Through the investigation of establishment and implementation status of domestic rail operators' SMS, the improvement directions of the current rail SMS are developed. First, to establish the continual improvement system for SMS, the guide which describe detailed continual improvement method for each steps of SMS including management review by CEO shall be established and implemented. Second, to settle the SMS based on the risk management, it is necessary to endeavor for converting the rail operators mind and to establish the supply system of operating model and basic data and to define the requirement precisely and to include in the related guide for the risk management.

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A Systolic Parallel Simulation System for Dynamic Traffic Assignment : SPSS-DTA

  • Park, Kwang-Ho;Kim, Won-Kyu
    • Journal of Intelligence and Information Systems
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    • v.6 no.1
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    • pp.113-128
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    • 2000
  • This paper presents a first year report of an ongoing multi-year project to develop a systolic parallel simulation system for dynamic traffic assignment. The fundamental approach to the simulation is systolic parallel processing based on autonomous agent modeling. Agents continuously act on their own initiatives and access to database to get the status of the simulation world. Various agents are defined in order to populate the simulation world. In particular existing modls and algorithm were incorporated in designing the behavior of relevant agents such as car-following model headway distribution Frank-Wolf algorithm and so on. Simulation is based on predetermined routes between centroids that are computed off-line by a conventional optimal path-finding algorithm. Iterating the cycles of optimization-then-simulation the proposed system will provide a realistic and valuable traffic assignment. Gangnum-Gu district in Seoul is selected for the target are for the modeling. It is expected that realtime traffic assignment services can be provided on the internet within 3 years.

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A Study on the Legal Proposal of Crew's Fatigue Management in the Aviation Regulations (항공법규에서의 승무원 피로관리기준 도입방안에 관한 연구 - ICAO, FAA, EASA 기준을 중심으로 -)

  • Lee, Koo-Hee;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.29-73
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    • 2012
  • Aviation safety is the State and industry's top priority and more scientific approaches for fatigue management should be needed. There are lately various studies and regulation changes for crew fatigue management with ICAO, FAA and EASA. ICAO issued the provisions of fatigue management for flight crew since 1st edition, 1969, of Annex 6 operation of aircraft as a Standards and Recommended practice(SARPs). Unfortunately, there have been few changes and improvement to fatigue management provisions since the time they were first introduced. However the SARPs have been big changed lately. ICAO published guidance materials for development of prescriptive fatigue regulations through amendment 33A of Annex 6 Part 1 as applicable November 19th 2009. And then ICAO introduced additional amendment for using Fatigue Risk Management System (FRMS) with $35^{th}$ amendment in 2011. According to the Annex 6, the State of the operator shall establish a) regulations for flight time, flight duty period, duty period and rest period limitations and b) FRMS regulations. The Operator shall implement one of following 3 provisions a) flight time, flight duty period, duty period and rest period limitations within the prescriptive fatigue management regulations established by the State of the Operator; or b) a FRMS; or c) a combination of a) and b). U.S. FAA recently published several kinds of Advisory Circular about flightcrew fatigue. U.S. passed "Airline Safety and FAA Extension Act of 2010" into law on August 1st, 2010. This mandates all commercial air carriers to develop a FAA-acceptable Fatigue Risk Management Plan(FRMP) by October 31st, 2010. Also, on May 16, 2012, the FAA published a final rule(correction) entitled 'Flightcrew Member Duty and Rest Requirements; correction to amend its existing prescriptive regulations. The new requirements are required to implement same regulations for domestic, flag and supplemental operations from January 4, 2014. EASA introduced a Notice of Proposed Amendment (NPA) 2010-14 entitled "Draft opinion of the European Aviation Safety Agency for a Commission Regulation establishing the implementing rules on Flight and Duty Time Limitations and Rest Requirements for Commercial Air Transport with aeroplanes" on December 10, 2010. The purpose of this NPA is to develop and implement fatigue management for commercial air transport operations. Comparing with Korean and foreign regulations regarding fatigue management, the provisions of ICAO, FAA, EASA are more considering various fatigue factors and conditions. Korea regulations should be needed for some development of insufficiency points. In this thesis, I present the results of the comparative study between domestic and foreign regulations in respect of fatigue management crew member. Also, I suggest legal proposals for amendment of Korea Aviation act and Enforcement Regulations concerning fatigue management for crew members. I hope that this paper is helpful to change korea fatigue regulations, to enhance aviation safety, and to reduce the number of accidents relating to fatigue. Fatigue should be managed at all level such as regulators, experts, operators and pilots. Authority should change surveillance mind-set from regulatory auditor to expert adviser. Operators should identify various fatigue factors and consider to crew scheduling them. Crews should strongly manage both individual and duty-oriented fatigue issues.

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Regulation of the Working Hour of Flight Crew in Germany (독일에서의 항공기승무원의 근로시간 규제)

  • Choi, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.2
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    • pp.235-251
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    • 2005
  • German working hour law of 1994(Arbeitszeitgesetz) provides maximum working hour as 8 hours a day and 48 hours per week. The law provides that minimum 11 hours rest-time is required between the end of a day's work and the beginning of the next day's work. Namely, the hour that the workers are put under commanding of the user is restricted within 13 hours per day. In the meantime, article 5, 7, 14, and 15 of the law have some letting the exceptional provisions regarding the working hour and rest-time of flight crew, and 2nd administrative order for the aviation transportation business owner, which is established based on such exceptional provisions(2.DV LuftBO), provides the working hour and rest-time of flight crew quite in detail. The administrative order is detailed quite regarding block time, flight working hour, and rest-time. So, it does not need to interpret additionally. Airlines in Korea should observe the both Labor Standard Act applying to general workers and Aviation Act focused on flight crew, so it is difficult that airlines manages working hour and rest-time of the flight crew efficiently. Therefore, it is desirable that our country refers to and considers adopting this legislation method of Germany which regulates working hour and rest-time of flight crew in detail in the 2.DV LuftBO.

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Drone Delivery Service Commercialization Plan Study (드론 택배서비스 실용화 방안 연구)

  • Kang, Ho-Jeung
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.281-312
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    • 2020
  • Despite the recent economic difficulties, the on-line market is overtaking the off-line market. Since US Amazon CEO Jeff Bezos mentioned that a delivery service using drones is possible, it has been creating new perspectives and values that have never been seen before. Drones are being used in various fields. Among them, the delivery service using drones will be the future growth engine of Korea in cooperation with the 4th industrial revolution. However, as drones are put into practical use, problems such as human life and property damage and personal information protection due to public collisions or falls are expected. The practical use of future drones is inevitable, not optional. As a method for commercialization of drones, first, securing safety through drone use and securing a national certification system, which is the minimum standard system for drone safety, and second, securing various infrastructures by activating drone use, and third, aviation regulations and personal information protection, etc. It needs to be supplemented in terms of laws and regulations.

A Study on Changes in Media Report of Police Assigned for Special Guard Using Big Kinds

  • Park, Su-Hyeon;Cho, Cheol-Kyu
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.6
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    • pp.167-172
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    • 2021
  • The objective of this study is to present the academic implications and developmental direction of the police assigned for special guard system through big data analysis on the objective and macroscopic viewpoint of the media. As research method, this study conducted the analysis on 'police assigned for special guard' and the analysis of related words that would visualize the keywords highly related to keyword trend and news. Also, after dividing the period into the 1990s, 2000s, and 2010s, the number of relevant articles in each period was drawn for understanding the flow. In the results of this study, the perception of media report of police assigned for special guard was about the recruitment of police assigned for special guard, and relevant events/accidents, which showed the coexistence of positive interest in the recruitment of police assigned for special guard and negative image of events/accidents related to police assigned for special guard. As a result, however, the necessity and demand for police assigned for special guard are increasing. Thus, the police assigned for special guard should be engaged in work after carefully thinking of its role in charge of ethical responsibility and safety as an axis for maintaining the national safety and social order.