• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• Transactions of the Korean Society of Mechanical Engineers A
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• v.25 no.10
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• pp.1551-1558
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• 2001

Recently, a number of underground pipelines have been drastically increased. The integrity of these buried pipelines, especially gas transmitting pipelines, is of importance due to an explosive characteristic of natural gas. The third party damage is known as one of the most critical factor which causes fatal accidents. For this reason, a number of systems detecting third party damage are under development. The major concern in the development of third party damage detection system is to transmit vibration signals out of accelerometer to signal conditioner and data acquisition system without any interference caused by noise. The objective of this paper is to develope a fiber optic accelerometer applicable to third party damage detection system. A fiber optic accelerometer was developed by use of combining principles of one degree of freedom vibration model and an extrinsic Fabry-Perot interferometer. The developed fiber optic accelerometer was designed to perform with a sensitivity of 0.06mVg, a frequency range of less than 6kHz and an amplitude range of -200g to 200g. The developed, accelerometer was compared with a piezoelectric accelerometer and calibrated. In order to verify the developed accelerometer, the field experiment was performed. From the field experiment, vibration signals and the location of impact were successfully detected. The developed accelerometer is expected to be used for the third party damage detection system which requires long distance transmission of signals.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.27-51
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• 2007

The cumulative result of the work by the ICAO Secretariat, the Secretariat Study Group and the Council Special Group on the Modernization of the Rome Convention of 1952 are two draft Conventions, namely: "Draft Convention on Compensation for Damage Caused by Aircraft to Third Parties, in case of Unlawful Interference", and "Draft Convention on Compensation for Damage Caused by Aircraft to Third Parties" The core provisions of the former draft Convention are as follows: The liability of the operator is strict, that is, without the necessity of proof of fault. It would be liable for damage sustained by third parties on condition only that the damage was caused by an aircraft in flight(Article 3). However, such liability is caped based on the weight of the aircraft(Article 4). It is envisaged to create an independent organization called the Supplementary Compensation Mechanism, with the principle purpose to pay compensation to persons suffering damage in the territory of a State Party, and to provide financial support(Article 8). Compensation shall be paid by the SCM to the extent that the total amount of damages exceeds the Article 4 limits(Article 19). The main issues on the farmer draft Convention are relating to breaking away from Montreal Convention 1999, no limits on individual claims but a global limitation on air carrier liability, insurance coverage, cap of operators' strict liability, and Supplementary Compensation Mechanism. The core provisions of the latter draft Convention are as follows: the liability of the operator is strict, up to a certain threshold tentatively set at 250,000 to 500,000 SDRs. Beyond that, the operator is liable for all damages unless it proves that such damage were not due to its negligence or that the damages were solely due to the negligence of another person(Article 3). The provisions relating to the SCM and compensation thereunder do not operate under this Convention, as the operator is potentially for the full amount of damages caused. The main issues on the latter draft Convention are relating to liability limit of operator, and definition of general risks. In conclusion, we urge ICAO to move forward expeditiously on the draft Convention to establish a third party liability and compensation system that can stand ready to protect both third party victims and the aviation industry before another 9/11-scale event occurs.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.3-17
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• 2009

The Rome Convention System (1933, 1952, 1978) which deal the third party lability relating to damage caused by aircraft to third parties on the surface have not been so effective and successful like the Warsaw Convention System. This paper briefs the development of the Rome Convention System and the reasons of their failure which are the low level of the limit of liability and non-parties of major civil aviation states such as the United States, the United Kingdom, Japan, Germany and etc. The Diplomatic Conference hosted by ICAO at Montreal during April 20 to May 2 has successfully produced two Conventions; One is Convention on Compensation for Damage Caused by Aircraft to Third Parties (General Risk Convention), the other is Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference involving Aircraft (Unlawful Interference Convention). The major contents and some problems of these two Conventions are reviewed in comparison with the exisiting Rome Convention System and other legal system. Particularly, the entrance into force of the Unlawful Interference Convention may take some time, at least more than 5 years, due to the realistic problems arising from the operation of International Civil Aviation Fund.

• Smart Structures and Systems
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• v.6 no.4
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• pp.405-421
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• 2010

This paper proposes a method for early warning of hazard for pipelines. Many pipelines transport dangerous contents so that any damage incurred might lead to catastrophic consequences. However, most of these damages are usually a result of surrounding third-party activities, mainly the constructions. In order to prevent accidents and disasters, detection of potential hazards from third-party activities is indispensable. This paper focuses on recognizing the running of construction machines because they indicate the activity of the constructions. Acoustic information is applied for the recognition and a novel pipeline monitoring approach is proposed. Principal Component Analysis (PCA) is applied. The obtained Eigenvalues are regarded as the special signature and thus used for building feature vectors. One-class Support Vector Machine (SVM) is used for the classifier. The denoising ability of PCA can make it robust to noise interference, while the powerful classifying ability of SVM can provide good recognition results. Some related issues such as standardization are also studied and discussed. On-site experiments are conducted and results prove the effectiveness of the proposed early warning method. Thus the possible hazards can be prevented and the integrity of pipelines can be ensured.

• Transactions of the Society of Information Storage Systems
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• v.1 no.2
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• pp.143-149
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• 2005

In this paper we propose a novel volume hologram encryption system with binary amplitude masks rather than phase masks, in which volume holograms can be securely recorded against the attacks by a third party. In our system, the encryption is done by multiplexing two volume holograms in such a way that an original binary data page is first stored as a volume hologram by interference with a binary amplitude mask and then the complementary data page is stored as another volume hologram by interference with the complementary binary amplitude mask over the first hologram. The operation principle of our system is explained with the well-known theory of recording and reading a volume hologram in a photorefractive material and the experimental results are presented. Experimental data show that our encryption system is protected from blind decryptions by randomly-generated incorrect amplitude masks.

• Transactions of the Korean Society of Pressure Vessels and Piping
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• v.5 no.2
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• pp.20-26
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• 2009

The dominant incidents category for onshore and offshore natural gas transmission pipelines in the world is associated with outside forces. Incidents in the outside forces category embrace acts of nature, which typically cause widespread structural damage, as well as act of man, whose effects tend to cause dents and/or gouges localized at point of contact that are referred to as mechanical damage. Therefore, these damage types must be better addressed to avoid unnecessary and costly repairs and the possibility of catastrophic events. First of all, the characterizing features of mechanical damage in gas pipelines were evaluated by using of excavator or boring machine. There is no reliable method for evaluating the safe operating pressure of pipeline affected by mechanical damage. It is especially important to evaluate the remaining strength of damaged pipelines due to outside force. Therefore, the full scale burst tests were conducted to evaluate the remaining strength of pipe with mechanical damage that combines a dent and a gouge. This paper is supposed to provide information that will assist in developing a criterion to assess serviceability in pipelines with mechanical damage.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

• Journal of the Korean Institute of Gas
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• v.4 no.2 s.10
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• pp.37-45
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• 2000

The underground buried pipelines of Natural gas are relatively safer than any other pipelines of chemical plants, because Natural gas is non-corrosive fluid. But Natural gas is supplied normally the downtown area. So, it may be a disaster because of corrosion which is caused interference facilities, environment and third party accident which is caused facilities construction. Especially, it is very difficult to find out and inspect damages of pipeline because of buried pipelines. Therefore this paper approached to select and manage risk region pipelines according to introduction of underground buried pipeline's risk concept. Risk was indicated three parts - corrosion factor, design and construction factor, maintence and management factor - in this paper, Therefore qualitive risk of pipelines showed score as quantitative number. Also it was thought to be helpful in confidence and safety management that the concept of key index and failure supplementation measures to cost introduces this program. We developed this risk assessment program using visual basic tool and interfaced GIS.

• Journal of the Korean Institute of Gas
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• v.15 no.2
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• pp.40-46
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• 2011

The purpose of CBA(cost-benefit analysis) in risk assessment is to show whether the benefits of implementing additional risk reduction methods(RRMs) derived through risk assessment outweigh its costs and it is proper to implement the methods. In this paper CBA has been conducted in order to select the most effective and reasonable RRM as implementing the RRM derived after QRA for the high pressure urban gas pipelines. As conducting QRA again by applying the derived RRMs, No. 10 measure which includes pipeline corrosion monitoring, MOV(motor operated valve) installation and the method to protect pipeline damage caused by third-party mechanical interference has showed the highest risk reduction effect. Also it has been considered to be reasonably practicable by conducting CBA and then is selected as the most effective and reasonable RRM on the objects of this paper.