• Title/Summary/Keyword: commercial aircraft

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A Study on the Legislative Guidelines for Airline Consumer Protection (항공소비자 보호제도의 입법방향)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.3-51
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    • 2017
  • From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

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"Liability of Air Carriers for Injuries Resulting from International Aviation Terrorism" (국제항공(國際航空)테러리즘으로 인한 여객손해(旅客損害)에 대한 운송인(運送人)의 책임(責任))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.47-85
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    • 1989
  • The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

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The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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Internal Components Arrangement of MR Damper Landing Gear for Cavitation Prevention (캐비테이션 방지를 위한 MR 댐퍼형 착륙장치의 내부 형상 배치에 대한 연구)

  • Joe, Bang-Hyun;Jang, Dae-Sung;Hwang, Jai-Hyuk
    • Journal of Aerospace System Engineering
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    • v.14 no.5
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    • pp.33-41
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    • 2020
  • The landing gear of an aircraft is a device that absorbs and dissipates shock energy transmitted from the ground to the fuselage. Among the landing gears, the semi-active MR damper landing gear is supposed to show high-shock absorption efficiency under various landing conditions and secure the stability when out of control. In the case of the MR damper landing gear using an annular channel rather than orifice, Amesim, a commercial multi-physics program, is considered as more useful than the conventional two-degree-of-freedom model because the damping force generated by the pressure drop through the flow annular path can cause cavitation in the low-pressure chamber of the MR damper with a specific internal structure. In this paper, the main dynamic characteristics of the MR damper landing gear with an annular type flow path structure has been analyzed under the condition of cavitation. Based on the analysis results using Amesim, a design guideline for the MR damper flow path that prevents cavitation has been proposed based on the modification of the arrangement of internal components of the damper. The guideline was verified through a drop simulation.

A Study on the Development of Airworthiness Standards for VTOL UAS (수직이착륙(VTOL) 무인항공기 감항기준 개발에 대한 연구)

  • Gil, Ginam;Yoo, Minyoung;Park, Jongsung
    • Journal of Aerospace System Engineering
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    • v.14 no.1
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    • pp.44-53
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    • 2020
  • In conjunction with the Fourth Industrial Revolution, the unmanned aerial vehicle industry is being developed to a new paradigm by combining advanced technologies such as AI, Big Data and the IoT. Aeronautical developed countries such as the U.S. are focusing their efforts on the development of the safer unmanned aerial vehicles. The Korea Aerospace Research Institute, as part of the national R&D project in 2011, had succeeded in developing the first vertical takeoff and landing (VTOL) UAS, called Smart-UAV. However, although the development technology of the VTOL UAS is possessed, developing and operating of the VTOL UAS for commercial or military use are limited. The type certification procedure of the VTOL UAS developed by domestic technology is stipulated in the Korean Aviation Safety Act, but the Korean VTOL UAS airworthiness standards (KAS) hsve not been established. Thus, this study investigated the development trends of the VTOL UAS in Korea and abroad and national certification systems and procedures, and benchmarked the special conditions for the VTOL aircraft, announced by the EASA on July 2, 2019, to establish standards for type certificate of the VTOL UAS in Korea.

Numerical Simulation of Crash Impact Test for Fuel Tank of Rotorcraft (회전익항공기용 연료탱크 충돌충격시험 수치모사 연구)

  • Kim, Hyun-Gi;Kim, Sung-Chan;Lee, Jong-Won;Hwang, In-Hee;Kim, Kyung-Soo
    • Journal of the Computational Structural Engineering Institute of Korea
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    • v.24 no.5
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    • pp.521-530
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    • 2011
  • Since aircraft fuel tanks have many interfaces connected to the airframe as well as the fuel system, they have been considered as one of the system-dependent critical components. Crashworthy fuel tanks have been widely implemented to rotorcraft and rendered a great contribution for improving the survivability of crews and passengers. Since the embryonic stage of military rotorcraft history began, the US army has developed and practised a detailed military specification documenting the unique crashworthiness requirements for rotorcraft fuel tanks to prevent most, hopefully all, fatality due to post-crash fire. The mandatory crash impact test required by the relevant specification, MIL-DTL-27422D, has been recognized as a non-trivial mission and caused inevitable delay of a number of noticeable rotorcraft development programs such as that of V-22. The crash impact test itself takes a long-term preparation efforts together with costly fuel tank specimens. Thus a series of numerical simulations of the crash impact test with digital mock-ups is necessary even at the early design stage to minimize the possibility of trial-and-error with full-scale fuel tanks. In the present study the crash impact simulation of a few fuel tank configurations is conducted with the commercial package, Autodyn, and the resulting equivalent stresses and internal pressures are evaluated in detail to suggest a design improvement for the fuel tank configuration.

Developing the New Work Load Unit of Airport Based on the Relative Value of Cargo and Passenger (화물과 여객의 상대적 가치를 기준으로 하는 새로운 공항 처리량단위(WLU) 개발 연구)

  • BAEK, Sora;PARK, Yonghwa;LIM, Cheolhyun
    • Journal of Korean Society of Transportation
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    • v.35 no.5
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    • pp.434-446
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    • 2017
  • This study was carried out to suggest new indicators to be used at airports. Generally, passengers and cargo will be handled at the airport, and the airport will achieve revenues through them. However, all airports can not have the same distribution of passenger and cargo throughput. When comparing and analyzing several airports, a uniform result can be expected only if a unit airport throughput indicator is applied. The 'Work Load Unit' is an indicator that integrates passengers and cargo into one, and assumes that the value of one passenger is equivalent to the cargo volume of 100kg. The existing WLU was set up based on the experience at the airport rather than being established through reasonable grounds or analysis, so there was a lot of controversy. The purpose of this study is to overcome these limitations and to suggest new index. In this study, we applied a method to compare the relative value of cargo and passenger to airport revenue. In order to analyze cargo value and passenger value, airport revenues are classified into aircraft operation related revenues, passenger handling related revenues, and commercial revenues. A total of 50 airports were selected, including 14 airports in Asia, 18 airports in Europe and 18 airports in North America. According to the final analysis results, it is concluded that the cargo is equivalent to 280kg of cargo based on the contribution of one passenger averagely. This is higher than the value of 100Kg cargo per passenger.

Research for Calibration and Correction of Multi-Spectral Aerial Photographing System(PKNU 3) (다중분광 항공촬영 시스템(PKNU 3) 검정 및 보정에 관한 연구)

  • Lee, Eun Kyung;Choi, Chul Uong
    • Journal of the Korean Association of Geographic Information Studies
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    • v.7 no.4
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    • pp.143-154
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    • 2004
  • The researchers, who seek geological and environmental information, depend on the remote sensing and aerial photographic datum from various commercial satellites and aircraft. However, the adverse weather conditions and the expensive equipment can restrict that the researcher can collect their data anywhere and any time. To allow for better flexibility, we have developed a compact, a multi-spectral automatic Aerial photographic system(PKNU 2). This system's Multi-spectral camera can catch the visible(RGB) and infrared(NIR) bands($3032{\times}2008$ pixels) image. Visible and infrared bands images were obtained from each camera respectively and produced Color-infrared composite images to be analyzed in the purpose of the environment monitor but that was not very good data. Moreover, it has a demerit that the stereoscopic overlap area is not satisfied with 60% due to the 12s storage time of each data, while it was possible that PKNU 2 system photographed photos of great capacity. Therefore, we have been developing the advanced PKNU 2(PKNU 3) that consists of color-infrared spectral camera can photograph the visible and near infrared bands data using one sensor at once, thermal infrared camera, two of 40 G computers to store images, and MPEG board to compress and transfer data to the computer at the real time and can attach and detach itself to a helicopter. Verification and calibration of each sensor(REDLAKE MS 4000, Raytheon IRPro) were conducted before we took the aerial photographs for obtaining more valuable data. Corrections for the spectral characteristics and radial lens distortions of sensor were carried out.

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Feasibility Study on the Methodology of Test and Evaluation for UAV Positioning (무인항공기 위치정확도 시험평가 기법 연구)

  • Ju, Yo-han;Moon, Kyung-kwan;Kang, Bong-seok;Jeong, Jae-won;Son, Han-gi;Cho, Jeong-hyun
    • Journal of Advanced Navigation Technology
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    • v.22 no.6
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    • pp.530-536
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    • 2018
  • Recently, many studies for interoperability of UAV in the NAS has been performed since the application range and demand of UAV are continuously increased. For the interoperation of UAV in the NAS, technical standards and certification system for UAV which is equivalent to the commercial aircraft are required and test and evaluation methodology must be presented by standards. In this paper, qualification test and evaluation methodology aboutfor the UAV navigation system is proposed. For the research, the mission profile and operation environment of UAV were analyzed. Thereafter the test criteria were derived and the test methodology were established. Finally, the simulation and demonstration using test-bed UAV were performed. As a result of the test, it was confirmed that the navigation system of test UAV has a position accuracy about 1.4 meters at 95% confidence level in the entire flight stage.

Establishing Operational Management and Control Procedures for UAM Fleet Operators (UAM Fleet Operator 운항 관리 및 통제 절차개념 수립 연구)

  • Jeongmin Kim;Jaekyun Lee;Uwon Huh;Kyowon Song;Youngho Yoon;Yonghwan Cha
    • Journal of Advanced Navigation Technology
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    • v.27 no.6
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    • pp.716-723
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    • 2023
  • Global discussions are actively underway regarding the introduction of urban air mobility (UAM) to revolutionize the paradigm in the innovative mobility industry. While research related to airspace, vertiports, navigation, and communication pertinent to Korean UAM is actively pursued by relevant research institutions, there is a significant dearth in studies focusing on establishing concepts for operational management by UAM operators and formulating control procedures. The commercialization of UAM necessitates the establishment of standardized operational management concepts, pivotal as benchmarks for the individual system development among multiple UAM operators. This paper analyzes UAM exceptional law, operational readiness, existing regulations pertaining to commercial and rotary-wing aircraft, and proposes suitable approaches to formulate domestic low-density operational management and control procedures. By presenting strategies for conceptualizing operational management and control procedures in the initial low-density environment for UAM, this paper aspires to contribute to future trail operations and the wider adoption of UAM.