• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.107-142
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• 2012

An aircraft has been one of the most important transportation means and disputes due to damage caused by delay of the aircraft happen many times out of ones related to the air transport. In 2011, the Air Transport Act in Commercial Law was established to regulate national air transport and the legislative system of air carrier's liability to handle delay of passengers or baggage was legislated here. Although there are some clauses related to the legislative system of air carrier's liability, they are very important because they deal with disputes due to damage caused by delay of the aircraft. The Air Transport Act in Commercial Law has a good point of adopting the global standard of 1999 Montreal Convention, but it has also a bad point of having the problems of 1999 Montreal Convention. There are some contents to be modified in the Air Transport Act in Commercial Law. First, the definition of 'Delay of Aircraft' needs to be enacted because it is important to materialize air carrier's liability due to damage caused by delay. Second, it is necessary to modify the clause in which air carrier's liability due to damage caused by delay of passengers is divided into two things, one is in case of national air transport and the other is in case of international air transport, and the limited amount of air carrier's liability in national air transport is eight times less than the latter because they are not so helpful to air carriers but too disadvantageous to aircraft passengers. Third, it is also necessary to amend the clause in which the limited amount of air carrier's liability due to damage caused by loss damage or delay of baggage has been legislated same without classifying the case into loss damage and delay, because they are generally different from each other in terms of extent of damage, therefore the limited amount of air carrier's liability by delay of baggage should be classified into in case of loss damage and in case of delay. It is desired that the Air Transport Act in Commercial Law including the clauses related to air carrier's liability by aircraft damage be developed continually by sufficient study and discussion about the necessity of amending it such as the one mentioned above.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.377-401
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• 2004

Delay in the air transport occurs when passengers, baggage or cargo do not arrive at their destination at the time indicated in the contract of carriage. The causes of delay in the carriage of cargo are no reservation, lack of space, failure to load the cargo on board, loading the cargo on the wrong plane, failure to off-load the cargo at the right place, or to deliver the covering documents at the right place. The Montreal Convention of 1999 Article 19 provides that "The carrier is liable for damage occasioned by delay in the carriage by air of cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures." The Montreal Convention Article 22 provides liability limits of the carrier in case of delay for cargo. In the carriage of cargo, the liability of the carrier is limited to 17 SDR per kilogram unless a special declaration as to the value of the cargo has been made. The Montreal Convention Article 19 has shortcomings: it is silent on the duration of the liability for carriage. It does not give any indication concerning the circumstances to be taken into account in cases of delay, and about the length of delay. In conclusion, it is desirable to define the period of carriage with accuracy, and to insert the word 'unreasonable' in Article 19.

• Journal of Korean Society of Transportation
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• v.33 no.2
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• pp.214-222
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• 2015

Jeju International Airport has become the most delayed airport in Korea, due to increased demand in air passengers and unexpected local weather condition. Observing the demands continuously grow for a decade, the airport is expected to be saturated in the near future. As a part of effort to prepare effective and timely measure for this expected situation, airport planners seeks the annual runway capacity, i.e., the appropriate number of flight operations in a given year with tolerable delay. In practice, the FAA formula is frequently adopted for the capacity estimation. The method, however, has intrinsic issues: 1) the hourly capacity imbedded in the formula is not clearly defined and thus the estimated value is vulnerable to be subjective judgement, and 2) the formula doesn't consider aircraft delay resulted from runway congestion. In this paper, we explain a novel method for estimating the daily runway capacity and then converting to the annual capacity taking into account the aircraft delay. In this paper, average delay of aircraft was measured using microscopic air traffic simulation model. Daily capacity of the runways were analyzed based on the simulation outputs and the method to assess the yearly capacity is introduced. Using a microscopic simulation model named TAAM, we measure the average aircraft delay at various levels of flight demand, and then estimate the practical daily runway capacity. The estimated daily and annual runway capacities of Jeju airport are about 460 operations a day which is equal to 169,000 operations year. The paper discusses how to verify the simulation model, and also suggests potential enhancement of the method.

• International Journal of Aeronautical and Space Sciences
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• v.17 no.4
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• pp.604-613
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• 2016

In this paper, Human-in-the-Loop (HiTL) simulations of Remotely Piloted Aircraft System (RPAS) operations in two different Air Traffic Management (ATM) concepts, conventional radar vectoring and Trajectory Based Operations (TBO), were performed to assess the impacts of RPAS integration in the future ATM environment. TBO concept maximizes the throughput by planning and sharing 4-D trajectories between pilots and controllers, and it is considered one of the key concepts to enable RPASs to operate with manned aircraft in congested airspaces. RPASs are characterized by having communication delay or temporary loss of communication. TBO capability was added to the integrated air traffic simulation system for this study, which was developed in the Inha University. HiTL simulations were performed by a trainee air traffic controller with three scenarios, and the data were analyzed using safety, efficiency, and controller workload metrics. The results suggest that TBO were effective in reducing delays and controller workload while maintaining the level of safety.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.29 no.4
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• pp.1-20
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• 2021

Due to the recent rapid increase in passenger and cargo air transport demand, the capacity of Jeju International Airport has been approaching its limit. Even though in COVID-19 crisis which has started from Nov 2019, Jeju International Airport still suffers from strong demand in terms of air passenger and cargo transportation. However, it is an undeniable fact that the delay has also increased in Jeju International Airport. In this study, we analyze the correlation between weather and delayed departure operation based on both datum collected from the historical airline operation information and aviation weather statistics of Jeju International Airport. Adopting machine learning techniques, we then analyze weather condition Jeju International Airport and construct a delay prediction model. The model presented in this study is expected to play a useful role to predict aircraft departure delay and contribute to enhance aircraft operation efficiency and punctuality in the Jeju International Airport.

• 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.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.40 no.2
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• pp.60-67
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• 2017

A baggage handling system (BHS) in airport is an unified system for moving the passengers' baggage in designated time. Input baggage from the check-in counter travels to the baggage claim area or cargo handling terminal through this system. In particular, entryway BHS consists of conveyors, X-ray and sorters such as tilt-tray to send the baggage to departing airplane and it could have various problems for handling certain amount of baggage in restricted time such as baggage jamming at certain merge point. This causes systemic error such as delay of the time, omissions of the baggage and even breakdown of the equipment and inefficiency. Also the increasing maximum time of the baggage passing through the BHS could delay the flight schedule and finally decrease the service level. Thus, the algorithm for controlling the flow of the merge is essential to the system. The window reservation algorithm is the one of the most frequently used methods to control the merge configuration. Above all, the reserve location, so called reserve ahead point, that allocates the window is important for the performance of the algorithm. We propose the modified window reservation algorithm and the best reserve locations by changing the reserve ahead point in the induction conveyors. The effect of various reserve ahead points such as the capacity and utility of the system were analyzed and the most effective reserve ahead point combination was found. The total baggage processing time and the utilization of the tilt-tray are properly considered when choosing the optimal Reserve ahead point combination. In the layout of this study, the configuration of four conveyors merged into one tilt-tray is studied and simulation analysis is done by AutoMod(R), 3D simulation software. Through the simulation, the window reservation algorithm is effectively operated with the best combination of reserve ahead point which reduces the maximum baggage travel time.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.26 no.2
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• pp.123-131
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• 2018

Air transport industry tries to enhance punctuality, stability and amenity for customer's satisfaction. Especially airlines and airports do make an effort as the distance between these two stakeholders and passengers are close. This research has empirically discussed the relationship between duty free shop purchase of passengers and the number of flights and hours of schedule delay at the airport. According to the result, the total sales of duty free shop sales have meaningful influence on the number of flights and hours of delay. In order to decrease such an impact, close cooperation between airports and duty free shops required.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.27 no.1
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• pp.20-25
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• 2019

To prepare for the ever-increasing demand for air transport, airport operators should be well aware of the timing of the saturation of the facility and increase the capacity of the airport through extension or extension. The capacity of an airport is determined by the smallest value of the facilities that make up the airport, but it is generally customary to determine the capacity of the costly and time-consuming runway as a whole for the airport. For analyzing the capacity of the runway capacity, the study used the most accurate microscopic air traffic simulation, Simmod-PRO, to analyze the saturation time of three runways currently in Incheon International Airport's operation, and calculate the appropriate time for operation of the 4th runway. The study also calculate the relocation of Airport's high-speed exit taxiway for analyzing the increasing of capacity.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.225-266
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• 2018

In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.