• Title/Summary/Keyword: aviation law

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A Study on the "Vertrauensgrundsatz" in aviation (항공 교통에서의 신뢰의 원칙)

  • Ham, Se-Hoon;Whang, Ho-Woon
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.19 no.2
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    • pp.45-51
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    • 2011
  • The article specified in aviation legislation, 'The captain has the final authority and responsibility in flight safety' could be one reason running counter to applying "Vertrauensgrundsatz". In practice, however, captains do not have professional skills in every task and they should distribute duties and responsibilities to flight attendents and other staffs to operate the flight as safely and efficiently as possible. Therefore, in aviation, fair criterion, namely, "Vertrauensgrundsatz" is necessary to balance between efficiency and legal interest for participants. In addition, when it comes to mutual trust of duty which was the starting point of this study, the standard in mutual advice or interference must be based on the duty specified in air law and flight regulations. Also, pervasive trust will not only be attributed to joint responsibility but an act that cannot be trusted.

A Research on the Civil Aviation Industry of China and the Design of Korea-China Aviation Cooperation (중국(中國)의 항공운송(航空運送) 및 제작산업(製作産業)과 한(韓) . 중(中) 협력방안(協力方案)에 대한 연구(硏究))

  • Park, O-Hwa;Hahn, Yeong-Hoon;Hong, Soon-Kil;Hurr, Hee-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.321-384
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    • 1993
  • The paper is to study and analyze the civil aviation industry of China and to present some cooperative and developing models between Korea and China in the fields of civil aviation on the basis of mutul benefit. In this study, civil aviation includes both the air transport industry and aircraft manufacturing industry. As it is not easy and realistic for us to conduct field survey on the civil aviation of China so far, this study has havily depended upon the literature data gathered from the ICAO and other published materials. This study includes the following major contents. 1. The historical development of China civil aviation 2. The present status and future prospect of Civil Aviation Adminstration of China(CAAC) 3. The present status of Chinese aircraft industry 4. Administration of airport and airspace of China 5. Air transport industry of China 6. The design of Korea-China civil aviation cooperation

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Deficiencies of China's General Aviation Law and its Improvement (중국 일반항공법의 법적 흠결과 개선방향)

  • Zhang, Chrystal;Diao, Weimin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.145-181
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    • 2013
  • General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

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A Study on the Improvement for Availability of the Small Airport Facilities in Korea (한국 소형(小型) 비행장(飛行場) 시설(施設)의 활용성(活用性) 증대(增大)에 관한 연구(硏究))

  • Lee, Kang-Suk;Kang, Hon
    • The Korean Journal of Air & Space Law and Policy
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    • v.14
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    • pp.331-379
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    • 2001
  • The purpose of this study is provide better suggestions to utilize the small aircraft by examining current situations of those airports. Then, the results of this study should help explain about the Availability of the airports for small aircraft in view of airplane exhibition, air-sports activity fields for aviation sports population, aviation theme park, and aviation-related education facility. This study examines current situations of the small airports for small aircraft which have been limited in their utility and compares the airports at the same level abroad. By examining these airports, this paper can make suggestions for the Availability of the small airports. Significance of the study lies in providing businessmen planning to invest the small airports and owners of airports with profitable consequences. At the macro level, it is expected to have a more effective development of land and an increase of aviation market value.

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A Study on Korean Aviation and Tourism Policy in Relation to the EC and NAFTA Integration (EC 및 NAFTA 통합(統合)에 대비(對備)한 한국(韓國)의 항공관광산업정책(航空觀光産業政策) 연구(硏究))

  • Hong, Soon-Kil
    • The Korean Journal of Air & Space Law and Policy
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    • v.7
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    • pp.17-53
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    • 1995
  • The paper analyzes the impact of EC and NAFTA integration upon Korea and other 3rd countries and studies policies how to react against them particularly in the field of aviation and tourism industry. Chapter 2 introduces the contents of each step and process of EC integration in the field of aviation and tourism industry. Chapter 3 analyzes the contents of integration and cooperation of NAFTA in the field of aviation and tourism industry. Chapter 4 studies the regulation or deregulation policy of EC and NAFTA toward the industry of non-EC and non-NAFTA area. Chapter 5 surveys and analyzes about the policies and strategies of Japan, ASEAN and the 3rd countries. Finally, Chapter 6 analyzes the impact on Korean aviation and tourism industry and proposes some suggestions on the future policy of Korea independently or in association with the neighboring countries such as Japan and China against the integration of EC and NAFTA.

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Searching through the Legal Requirements of Airfield's Obstacle Limitation Surface for Extension of Goheung Aviation Test Center (고흥항공센터 확장을 위한 비행장 장애물 제한표면의 법적요건 조사)

  • Kim, Nan-Young;Han, Chang-Hwan
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.20 no.3
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    • pp.1-7
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    • 2012
  • Korea Aerospace Research Institute(KARI) has accomplished the planning study for setting up the mid-long term development plan of Goheung Aviation Test Center for the extensive use. In the future the aviation center will have a role of the complex center for the flight test, component test and R&D in Korea. KARI searches the legal requirements and informations for constructing the aviation test airfield in Goheung. Aviation law describes a lot of requirements to construct an airfield and the airfield also needs runway, equipments/facilities, obstacle limitation surfaces/distances, limitation altitudes and air space etc.. In this study the research results for the obstacle limitation Surface are mainly presented relating to the existing runway and the new large-scaled runway in Goheung.